Protected Symbols Determination 2013

Link to law: https://www.comlaw.gov.au/Details/F2013L00087

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Protected Symbols Determination 2013
 
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Determination under section 188A of the Radiocommunications Act 1992 and section 417 of the Telecommunications Act 1997.
Dated 18 January 2013
Chris Chapman
[signed]
Member
Richard Bean
[signed]
 General Manager / Member
 
 
Australian Communications and Media Authority
 
Part 1      Preliminary
1              Name of Determination
                This Determination is the Protected Symbols Determination 2013.
2              Commencement
                This Determination commences on 1 March 2013.
Note  All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.
3              Revocation
                The following Determinations are revoked:
(a)      the Radiocommunications (C-Tick Mark) Determination 1998; and
(b)      the Telecommunications (A-Tick Mark) Determination 2000.
4              Definitions
                In this Determination, unless the contrary intention appears:
applicable standard means a standard made under section 162 of the Radiocommunications Act or a technical standard made under section 376 of the Telecommunications Act.
A-Tick mark means the symbol the design of which is set out in Part 3 of Schedule 2.
C-Tick mark means the symbol the design of which is set out in Part 2 of Schedule 2.
equipment means a radiocommunications device or an item of customer equipment or customer cabling, as the case may be.
protected symbol means the RCM, the C-Tick mark or the A-Tick mark.
Radiocommunications Act means the Radiocommunications Act 1992.
RCM means the symbol the design of which is set out in Part 1 of Schedule 2.
Telecommunications Act means the Telecommunications Act 1997.
Note  A number of expressions used in this Determination are defined in the Radiocommunications Act, including:
·         accreditation body
·         competent body
·         device
·         radiocommunications device
·         recognised testing authority.
A number of expressions used in this Determination are defined in the Telecommunications Act, including:
·         customer equipment
·         customer cabling.
 
Part 2     Purposes for which a protected symbol may be used or applied
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5              Specified purposes for use or application of protected symbols
         (1)   Subject to subsection (2), for subsection 188A (7) of the Radiocommunications Act and subsection 417 (7) of the Telecommunications Act, the purposes in Schedule 1 are specified.
 
         (2)   A purpose mentioned in Schedule 1 is not specified for subsection 188A (7) of the Radiocommunications Act and subsection 417 (7) of the Telecommunications Act in relation to a protected symbol if:
(a)    the purpose refers to an applicable standard; and
(b)   the protected symbol cannot be used to label equipment to which the applicable standard applies in accordance with a notice made under section 182 of the Radiocommunications Act or a notice made under section 407 of the Telecommunications Act, as the case may be.
Note  An example of the effect of subsection (2) is that a person cannot apply the A-Tick mark to equipment to indicate compliance with an applicable standard unless the equipment is required to comply with applicable technical standards under a notice made under section 407 of the Telecommunications Act.
 
Part 3      Design of protected symbols
6              Protected symbol – Radiocommunications Act
(1)For subparagraph 188A (8) (b) (i) of the Radiocommunications Act, the design of the symbol known as the RCM is set out in Part 1 of Schedule 2.
 
(2)For subparagraph 188A (8) (a) (i) of the Radiocommunications Act, the design of the symbol known as the C‑Tick mark is set out in Part 2 of Schedule 2.
7              Protected symbol – Telecommunications Act
(1)For subparagraph 417 (8) (b) (i) of the Telecommunications Act, the design of the symbol known as the RCM is set out in Part 1 of Schedule 2.
 
(2)For paragraph 417 (8) (b) (i) of the Telecommunications Act, the design of the symbol known as the A‑Tick mark is set out in Part 3 of Schedule 2.
 
Part 4      Transitional arrangements
8                      Application of C-Tick mark – compliance with certain specifications
(1)This section applies if, before the commencement day, a person (a specified person) used or applied the C-Tick mark for the purpose mentioned in paragraph 5 (b) of the former section 188A Determination.
 
(2)From the commencement day, the purpose mentioned in paragraph 5 (b) of the former section 188A Determination is a specified purpose for subsection 188A (7) of the Radiocommunications Act in relation to a specified person.
 
(3)In this section:
commencement day means the day the Protected Symbols Determination 2013 commences.
former section 188A Determination means the Radiocommunications (C-Tick Mark) Determination 1998 as in force immediately before the commencement day.
Schedule 1     Purposes for using or applying a protected symbol
(section 5)
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Item
Purpose

1
showing that equipment complies with an applicable standard, other than by use or application for the purposes of labelling referred to in subsection 188A (6) of the Radiocommunications Act or subsection 417 (6) of the Telecommunications Act

2
showing that a person provides services to assist others to comply with an applicable standard relating to equipment

3
use in relation to information or comment about applicable standards

4
showing that a body:
(a)    is an accreditation body; and
(b)   may determine that specified persons are recognised testing authorities or competent bodies

5
showing that:
(a)    a body is a recognised testing authority; and
(b)   the body may test equipment for compliance with applicable standards

6
showing that a body:
(a)    is a competent body; and
(b)   may provide services in relation to labelling requirements and showing compliance with applicable standards

7
supplying copies of a protected symbol to persons entitled to use or apply it

8
showing that a body:
(a)    supplies copies of a protected symbol to persons entitled to use or apply it; and
(b)   supplies copies of applicable standards

9
showing that a wholesaler or retailer trades in devices or items that meet applicable standards

10
publicising compliance with applicable standards

11
use by a person in compliance with a law of a State or Territory that relates to electrical safety

Schedule 2     Protected Symbols
(sections 4, 6 and 7)
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Part 1          The RCM
 
 
 
Part 2          The C‑Tick mark
 
 
 
Part 3          The A‑Tick mark