Statutory Rules 1996 No. 2941
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Radiocommunications (Compliance Labelling—Incidental Emissions) Notice
I, Christine Mary Goode, Spectrum Manager, acting on behalf of the Spectrum Management Agency, issue the following notice under section 182 of the Radiocommunications Act 1992.
Dated 6 December 1996.
christine m. goode
Spectrum Manager
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PART 1—PRELIMINARY
Citation
1. This notice may be cited as the Radiocommunications (Compliance Labelling—Incidental Emissions) Notice.
[NOTE: This notice commences on gazettal: see Radiocommunications Act 1992 s. 182 (5) and Acts Interpretation Act 1901, ss. 46A and 48.]
Interpretation
2. (1) In this notice, unless the contrary intention appears:
“accredited testing body” means a laboratory that is accredited, for this notice, by:
(a) NATA: or
(b) a body that has entered into a mutual recognition agreement:
(i) with NATA; or
(ii) under the Agreement on Mutual Recognition on Conformity Assessment Certification and Marketing between Australia and the European Community initialled at Brussels on 19 July 1996;
“Act” means the Radiocommunications Act 1992;
“applicable standard”, for a device, means each standard that applies to that device;
“authorised officer” means:
(a) an inspector; or
(b) a person authorised in writing by the Spectrum Manager for clauses 18 and 19;
“competent body” means a body appointed under clause 4;
“C-Tick mark” means the design set out in Schedule 2;
“declaration of conformity” means a declaration made under clause 10;
“device” means a device that is included in a class of devices to which a standard applies;
“equivalent standard”, in relation to an applicable standard, means any standard that sets maximum permitted levels for radiofrequency emissions that are equal to or lower than those set by the applicable standard;
“label” means a label in the form prescribed in clause 6;
“NATA” means the National Association of Testing Authorities, Australia;
“RCM mark” means the mark set out in the Appendix to AS/NZS 4417.1:1996;
“standard” means a standard specified in Schedule 1;
“variant” means a version of a device that is not identical in all respects to the device but is not sufficiently different from the device to affect the application to that version of a standard that applies to the device;
“working day” means a day other than:
(a) a Saturday or a Sunday; or
(b) a day that is a public holiday or an Australian Public Service holiday in the relevant place.
(2) A reference in this notice to a standard is a reference to the standard as in force from time to time.
(3) Unless the contrary intention appears, a reference in Part 3 or 4 to:
(a) the manufacturer of a device is a reference to the manufacturer of a device manufactured in Australia; and
(b) the importer of a device is a reference to the importer of a device manufactured outside Australia.
Application
3. (1) This notice applies:
(a) for a device first offered for sale after 31 December 1996—on and from 1 January 1997; and
(b) for a device to which AS/NZS 4051:1994 applies, and:
(i) is fitted with ferro-magnetic ballast—on and from 1 January 1997; or
(ii) is not fitted with ferro-magnetic ballast—on and from 1 January 1999; and
(c) for a device first offered for sale before 1 January 1997—on and from 1 January 1999.
(2) This notice does not apply to a device that is:
(a) imported or manufactured otherwise than for sale or supply in Australia; or
(b) a spare part that has:
(i) identical specifications to the device it is to replace; or
(ii) the same radiofrequency emission characteristics as that device; or
(c) a component, other than a component that is an assembly of components that form part of a finished product, imported or manufactured for sale or supply in Australia; or
(d) imported or manufactured for incorporation into another device and not for sale or supply direct to the public; or
(e) supplied under a rental agreement.
Appointment of competent bodies
4. (1) The SMA may, by instrument in writing published in the Gazette, appoint a person or a body to be a competent body if it is satisfied that the person or body meets, or is capable of meeting, the requirements set out in Schedule 5.
(2) The appointment of a competent body is subject to the body complying with:
(a) all the requirements set out in Schedule 5; and
(b) any conditions imposed by the SMA.
(3) An instrument of appointment under subclause (1) must specify:
(a) the name and place of business of the competent body; and
(b) the date of commencement of the appointment and its duration; and
(c) the technologies for which the appointment is valid; and
(d) any conditions imposed by the SMA.
(4) The SMA may, by instrument in writing published in the Gazette, revoke an appointment under subclause (1):
(a) at the request of the competent body; or
(b) if it is satisfied that the competent body:
(i) no longer meets the requirements set out in Schedule 5; or
(ii) has contravened a condition of the appointment.
PART 2—COMPLIANCE AND LABELLING
Requirement to affix labels
5. (1) Subject to subclause (3), a label must be affixed to each device:
(a) in the case of a device manufactured in Australia—by the manufacturer; or
(b) in the case of a device manufactured overseas, unless it has been labelled under an arrangement under subclause (2)—by the importer.
(2) The importer of a device may arrange for a label to be affixed to a device by the manufacturer of the device if the importer has complied with the requirements in Part 3.
(3) The manufacturer or importer of a device must not affix a label to the device unless the manufacturer or importer complies with the requirements in Part 3.
Form of labels
6. (1) The form of a label is set out in Schedule 2.
(2) A label must include the information specified in at least 1 of the following paragraphs in relation to the manufacturer or importer of the device:
(a) business name and business address;
(b) business name registered on the national business names register within the meaning of section 70 of the Corporations Act 1989;
(c) personal name and address of place of business;
(d) Australian Company Number under the Corporations Law;
(e) Australian Registered Body Number under the Corporations Law;
(f) registered trade mark.
(3) A label must be:
(a) legible; and
(b) made of durable material; and
(c) affixed:
(i) to the external surface of the device to be labelled; and
(ii) if the external surface of the device displays the product identification code for the device—as near as practicable to that code.
(4) If it is not possible to affix a label to the external surface of a device because of the size or physical nature of the device, a label must be affixed to the labelling or packaging associated with the device.
Requirements after labels affixed
7. After affixing a label to a device, the manufacturer or importer of the device must comply with the requirements in Part 4.
PART 3—REQUIREMENTS TO BE MET BEFORE LABELS AFFIXED
Application
8. This Part does not apply in relation to a variant of a device if:
(a) the relevant requirements of this Part have been met in relation to the device; and
(b) the differences between the variant and the device are likely to result in a reduction to the radiofrequency emission characteristics of the variant.
Notification
9. (1) The manufacturer or the importer of a device must:
(a) notify the SMA in the form specified in Schedule 4:
(i) that the manufacturer or importer intends to affix a label to a device of a kind specified in the notice; and
(ii) how the manufacturer or importer will be identified on the label; and
(iii) the applicable standards; and
(b) have applied for, and been given, permission to use:
(i) the C-Tick mark; or
(ii) the RCM mark; and
(c) have received an acknowledgment in writing from the SMA.
(2) If subparagraph (1) (b) (i) applies, as soon as practical after receipt of a properly completed application the SMA must give permission to the manufacturer or importer of the device to use the C-Tick mark.
Declaration of conformity
10. The manufacturer or importer of a device must make a declaration of conformity in relation to the device in the form set out in Schedule 3.
To establish conformity
11. (1) For a declaration of conformity, a manufacturer or importer of a device must establish that the device meets the requirements of each applicable standard by the procedure set out in clause 12 or 13.
(2) However, for a Group 2 device under AS/NZS 2064.1:1992 or telecommunications equipment under AS/NZS 3548:1995:
(a) conformity with each applicable standard must be established under clause 12; and
(b) the device must be tested by an accredited testing body.
Testing route
12. (1) The device may be tested to determine if it meets the requirements of each applicable standard.
(2) The body that tests the device must issue a test report addressing:
(a) the tests it has used; and
(b) the results of those tests; and
(c) whether the results of the tests show that the device meets the requirements of each applicable standard.
Technical construction route
13. (1) The manufacturer or importer of a device may apply to a competent body for technical assessment of the characteristics of the device and the supporting documentation to establish if the device meets the requirements of each applicable standard.
(2) An application must be:
(a) in writing; and
(b) in English; and
(c) in non-electronic form;
and must contain:
(d) the information specified in at least 1 of the following subparagraphs in relation to the manufacturer or importer:
(i) business name and business address;
(ii) business name registered on the national business names register within the meaning of section 70 of the Corporations Act 1989;
(iii) personal name and address of place of business;
(iv) Australian Company Number under the Corporations Law;
(v) Australian Registered Body Number under of the Corporations Law; and
(e) a description of the device including:
(i) the brand name and model number under which it is to be sold or supplied in Australia; and
(ii) the name and address of the importer, if applicable; and
(iii) a description of the intended use of the device; and
(iv) a physical description including a block diagram and photographs of the device incorporating scaled measurements; and
(v) any test reports or references to test reports for sub-assemblies; and
(vi) test reports, if applicable, for any overseas certification of the device to relevant overseas or international standards; and
(vii) technical drawings such as circuit diagrams or assembly diagrams; and
(viii) lists of components used in the device; and
(ix) a list of all current variants of the device;
(f) the specifications contained in an applicable standard or equivalent standard and the specifications of the device relevant to its compliance with applicable standards including:
(i) any quality management systems that establish reasonable grounds for accepting consistency of the production output of the device; and
(ii) any supplier’s specifications on the correct use, operation, installation, interconnection and maintenance of the device required for the purpose of ensuring compliance of the device with applicable standards; and
(g) the numbers and titles of each applicable standard and any other specifications or codes of practice that the manufacturer or importer regards as applicable to the device; and
(h) details of the procedures, if any, used by the manufacturer in the production process aimed at ensuring that the device meets the requirements of each applicable standard; and
(i) if the device is covered by AS/NZS 2064.1 or 3548—a statement of whether class A (commercial) or class B (residential) requirements apply; and
(j) any other information of which the manufacturer or importer is aware that affects the ability of the device to meet each applicable standard; and
(k) a statement that the manufacturer or importer is not aware of any other information concerning the device that affects the ability of the device to meet the applicable standard; and
(l) a statement of whether a competent body has refused to issue a report for the device; and
(m) a statement that the manufacturer or importer has not made an application to another competent body for technical assessment of the characteristics of the device.
(3) In evaluating a device, a competent body:
(a) must, provide a written statement of reasons to an applicant if it considers that testing is required because the information supplied is incomplete or insufficient for the purpose of evaluating the device; and
(b) may require the applicant to provide further information about the device, including test reports; and
(c) may use the results of testing by an accredited testing body.
(4) If the competent body is satisfied that the application and accompanying material provides sufficient basis for concluding that the device meets the requirements of each applicable standard, it must issue a technical assessment in respect of the device.
(5) If the competent body refuses to issue an assessment, it must, if requested, give a statement of reasons to the manufacturer or importer.
PART 4—REQUIREMENTS TO BE MET AFTER LABELS AFFIXED
Division 1—Compliance
Compliance
14. (1) To comply with this Part, the manufacturer or importer of a device must retain, until the end of a period of 10 years after the device has ceased to be sold or supplied commercially in Australia:
(a) the original of the declaration of conformity relating to the device; and
(b) the original, or a copy certified by the person who issued it to the effect that the copy is identical in all relevant respects with the original, of:
(i) for compliance established under clause 12—the documents set out in clause 15; or
(ii) for compliance established clause 13—the documents set out in clause 16.
Testing route requirements after label affixed
15. The documents to which subparagraph 14 (1) (b) (i) refers are:
(a) the test report from a testing body demonstrating that the device complies with the applicable standard; and
(b) a description of the device including the information mentioned in paragraph 13 (2) (e); and
(c) specifications for conformity; and
(d) for a variant—a statement by the manufacturer or importer that:
(i) identifies the device and its variant; and
(ii) describes the differences between the device and its variant; and
(iii) provides a technical rationale for the conformity of the variant.
Technical construction route requirements after label affixed
16. The documents to which subparagraph 14 (1) (b) (ii) refers are:
(a) the documents required to be submitted with an application for a technical assessment by a competent body under subclause 13 (2); and
(b) the technical assessment by the competent body.
Division 2—Access to records
Where records are to be retained
17. A record mentioned in Division 1 in relation to a device must be retained:
(a) in the case of a record relating to a device that was manufactured in Australia—at the principal business address in Australia of the manufacturer of the device; and
(b) in the case of a record relating to a device that was not manufactured in Australia—at the principal business address in Australia of the importer of the device.
Provision of certain information for inspection
18. (1) At the written request of an authorised officer, the manufacturer or importer of a device must produce to the authorised officer in non-electronic form in English:
(a) within 10 working days of a day specified in the request—a specified record mentioned in clause 17; and
(b) within 30 working days of a day specified in the request—a specified circuit diagram or manual, or copy of the diagram or manual, relating to the device.
(2) The authorised officer may, on issue of a receipt to the manufacturer or importer, retain the record, circuit diagram or manual for a period of not more than 60 days.
Provision of certain articles for testing
19. (1) At the written request of an authorised officer, the manufacturer or importer of a device must, within 10 working days of a day specified in the request, produce to a laboratory accredited by NATA for the purpose of this notice and named by the officer up to 3 samples of the device, as specified by the officer, for testing whether the device complies with an applicable standard.
(2) The laboratory must issue a receipt to the manufacturer or importer and may retain a sample of the device for a period of not more than 60 days.
(3) In this clause, “device” includes a variant of that device.
(4) If, in the opinion of an authorised officer, the records required to be retained by the manufacturer or importer do not provide sufficient evidence of product conformity with each applicable standard, the officer may require, by notice in writing, that the manufacturer or importer must, within 30 working days of a day specified in the request, provide:
(a) a test report from an accredited testing body demonstrating that the device complies with each applicable standard; or
(b) a report from a competent body verifying the claims and supporting documentation of the manufacturer or importer that the device complies with each applicable standard.
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SCHEDULE 1 Clause 2
STANDARDS
Column 1
Item no.
Column 2
Standard
1
Radiocommunications Standards (Electromagnetic Compatibility) No.1 of 1996
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SCHEDULE 2 Subclause 6 (1)
[or RCM mark set out in the appendix to A/NZS 4417.1:1996]
Information required under subclause 6 (2)
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SCHEDULE 3 Paragraph 10
DECLARATION OF CONFORMITY
I/We.....................................................................................................
(name of manufacturer or importer)
of..........................................................................................................
(address of manufacturer or importer)
Australian Company Number (ACN)..................................................
(if applicable)
Australian Registered Business Number.............................................
(if applicable)
Supplier code number........................................................................
declare that the following device:
.............................................................................................................
.............................................................................................................
(name, type and model and, if available, lot, batch and serial numbers)
to which this Declaration relates complies with the following applicable standard(s):
.............................................................................................................
(title(s), identification number(s) and date(s) of issue of standard(s))
AND I/We intend to affix a label to the device identifying the manufacturer/importer of the device as:
.............................................................................................................
(manner of identification intended to be used on the label).
Information about the person making this declaration
(The person making this declaration must hold a senior position in the manufacturing or importing organisation and must have authority to make the Declaration which must be signed in Australia)
.............................................................................................................
(signature of declarant)
.............................................................................................................
(full name of declarant)
.............................................................................................................
(position held in the manufacturing or importing organisation)
.............................................................................................................
(date of Declaration)
[NOTE: It is an offence under section 302 of the Radiocommunications Act 1992 knowingly or recklessly to make a false or misleading statement. Penalty: $10,000.]
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SCHEDULE 4 Paragraph 9 (1) (a)
Notification and application to use C-Tick Mark
Please return this form to the SMA
Manager
Radiocommunications Standards
Spectrum Management Agency
PO Box 78, BELCONNEN ACT 2616
By facsimile (06) 253 2424
I/We...................................................................................... ACN....................................................
(REGISTERED NAME OF SUPPLIER)
of..........................................................................................................................................................
(ADDRESS OF REGISTERED PLACE OF BUSINESS)
Telephone (..........)....................................... Facsimile (..........)........................................................
advise that it is my/our intention to market electrical and electronic devices in Australia under the
C-Tick Compliance Mark. Devices for which I am/we are responsible will be marked using the format indicated below: (Please tick appropriate format)
q
Registered Name and Address of Supplier
Supplier Pty Ltd
10 Electronics Drive
Sparkville NSW 2000
q
Australian Company Number
ACN --- --- ---
q
Supplier Code issued by SMA
S123
q
Registered Trademark/Name
Trademark/name
I/We understand that products marked with C-Tick may only be marketed if a complete Declaration of Conformity relating to the products has been made and there are adequate technical grounds for making a Declaration of Conformity in the form of a Compliance Folder or Technical Construction File.
I/We will be marketing products covered by the following standard/s: (Please tick appropriate box)
q
Generic Emission Standard
AS/NZS 4251.1:1994
q
Electrical motor operated and thermal appliances for household and similar purposes electrical tools and similar apparatus
AS/NZS 1044:1995
q
Sound and television receivers and associated equipment
AS/NZS 1053:1992
q
Industrial Scientific and Medical equipment
AS/NZS 2064 1/2:1992
q
Vehicles, motor boats and spark ignition engine driven devices
AS/NZS 2557:1992
q
Information technology equipment
AS/NZS 3548:1995
q
Electrical lighting and similar equipment
AS/NZS 4051:1994
q
Microwave Ovens
AS/NZS 4052:1992
.......................................................................... .............................................................................................................................
(NAME OF AUTHORISED PERSON) (TITLE OF AUTHORISED PERSON)
.......................................................... .................................................................................................
(SIGNATURE OF AUTHORISED PERSON) (DATE)
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SCHEDULE 5 Subclauses 4 (1) and (2)
REQUIREMENTS FOR COMPETENT BODIES
1. A person or body that is appointed to be a competent body must:
(a) participate in an association of competent bodies and in peer review programs;
(b) maintain a schedule of fees and charges for services provided as a competent body;
(c) maintain and abide by all technical notes, supplementary requirements and directions issued by NATA relevant to maintaining accreditation as a recognised testing authority;
(d) hold all records and applications in relation to devices securely and not release or pass information provided by an importer or manufacturer or in any report issued by the competent body for this notice to any person or organisation (other than the SMA or an authorised officer) for any purpose unless with the written approval of the importer or manufacturer;
(k) indemnify the Commonwealth and its employees from all liability arising from the exercise of its function as a competent body;
(l) maintain public liability insurance with respect to its function as a competent body;
(m) display a copy of the Gazette notice of its appointment in a public area in all places of business;
(n) exercise its functions with due care, skill, integrity and technical competence.
2. (1) An association of competent bodies under paragraph 1 (a):
(a) must not refuse membership, or exclude a member from any of the rights of membership, for reasons other than those specified in its constitution; and
(b) must have in its constitution provision for a code of ethics that is enforced by disciplining members that breach it.
3. A competent body assessing an application for a technical assessment must:
(a) provide the applicant with a summary of the expected work involved in processing the application; and
(b) provide the applicant with a written estimate of all costs associated with processing the application; and
(c) not accept an application that it has reason to believe cannot be dealt with within 30 days without first obtaining the written agreement of the applicant; and
(d) keep only those records provided by the applicant that are necessary to identify the device and to establish the contents of reports, decisions and opinions expressed in relation to the applicant.
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NOTE
1. Notified in the Commonwealth of Australia Gazette on 13 December 1996.
