Statutory Rules 1996 No. 3091
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Radiocommunications Devices (Compliance Labelling) 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 13 December 1996.
CHRISTINE M. GOODE
Spectrum Manager
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PART 1—PRELIMINARY
Citation
1. This Notice may be cited as the Radiocommunications Devices (Compliance Labelling) Notice.
[NOTE: This Notice commences on gazettal: see Acts Interpretation Act 1901, s. 48.]
Interpretation
2. (1) In this Notice, unless the contrary intention appears:
“accrediting body” means:
(a) NATA; or
(b) a body that has entered into a mutual recognition agreement with NATA;
“Act” means the Radiocommunications Act 1992;
“authorised officer” means:
(a) an inspector; or
(b) a person authorised in writing by the Spectrum Manager for the purposes of clauses 15 and 16;
“compliance level”, in relation to a device, means the compliance level specified in Schedule 1 in relation to a standard that applies to the device;
“declaration of conformity” means a declaration made under paragraph 7 (1) (b);
“device”:
(a) means a device, other than a device that is imported into Australia for the personal use of the importer, that is included in a class of devices to which a standard applies; and
(b) includes a variant of the device;
“label” means a label in a form prescribed in clause 4;
“NATA” means the National Association of Testing Authorities, Australia;
“product identification code”, in relation to a device, means the writing that is used:
(a) in the case of a device manufactured in Australia—by the manufacturer to identify the device; and
(b) in the case of a device manufactured outside Australia—by the importer of the device to identify the device;
“standard” means a standard specified in Schedule 1;
“supplier code number” means the number issued under clause 7 to the manufacturer or importer of a device;
“technical test report” means a report in English that:
(a) shows the results of testing of a sample of the devices included in a class of devices; and
(b) establishes that a device included in that class meets the requirements of a standard that applies to the device;
being testing conducted in accordance with the standard by the SMA or a recognised testing authority that is accredited by an accrediting body;
“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) A reference in this Notice to a technical test report is a reference to a report of a recognised testing authority that is endorsed:
(a) if NATA is the accrediting body for the authority—with the NATA logo; and
(b) if a body that has entered into a mutual recognition agreement with NATA is the accrediting body for the authority—with the logo of the body.
(4) 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.
PART 2—COMPLIANCE AND LABELLING
Requirement to affix labels
3. (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; and
(b) in the case of a device manufactured outside Australia—by the importer of the device, unless the device has been labelled in accordance with an arrangement under subclause (2).
(2) The importer of a device may arrange for a label to be affixed to the device by the manufacturer of the device if the importer has first complied with the requirements of the compliance level in Part 3 that relates to the device.
(3) The manufacturer or importer of a device must not affix a label to the device until the manufacturer or importer complies with the requirements of the compliance level in Part 3 that relates to the device.
[NOTE: The compliance level in relation to a device is the compliance level set out in Schedule 1 in relation to a standard that applies to the device.]
Form of labels
4. (1) Subject to this clause, the form of a label is set out in Part 1 of Schedule 2.
(2) A label relating to a device must include the information specified in at least 1 of the following paragraphs:
(a) if the manufacturer or importer of the device trades under a registered business name—the business name and business address of the manufacturer or importer;
(b) the Australian Company Number, or the Australian Registered Body Number, for the purposes of the Corporations Law, of the manufacturer or importer;
(c) if the manufacturer or importer is an individual who does not trade under a business name—his or her name and address of place of business;
(d) the supplier code number of the manufacturer or importer.
(3) If a device to which a label is to be affixed displays on the external surface of the device:
(a) the product identification code for the device; or
(b) information required under subclause (2);
the label is not required to display:
(c) if paragraph (a) applies—the product identification code; and
(d) if paragraph (b) applies—the information displayed on the external surface of the device.
(4) If a device to which a label is to be affixed displays on an external surface of the device:
(a) the product identification code for the device; and
(b) information required under subclause (2);
the label may be in the form set out in Part 2 of Schedule 2.
(5) A label must be:
(a) legible and made of durable material; and
(b) affixed:
(i) to the external surface of a device to which the label relates; and
(ii) if the external surface of the device displays the product identification code for the device—as near as practicable to that code.
Requirements after labels affixed
5. After a label is affixed to a device, the manufacturer or importer of the device must comply with the requirements of the compliance level in Part 4 that relates to the device.
PART 3—REQUIREMENTS TO BE MET BEFORE LABELS AFFIXED
Application
6. 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 do not affect the compliance of the variant with any standard that applies to the device.
Compliance level 1
7. (1) To comply with compliance level 1, the manufacturer or importer of a device must:
(a) have applied for, and been issued with, a supplier code number; and
(b) make a declaration of conformity in relation to each standard that applies to the device, being a declaration in the form set out in Schedule 3.
(2) For the purposes of paragraph (1) (a):
(a) the manufacturer or importer of a device must apply to the SMA in the form set out in Schedule 4 for a supplier code number; and
(b) as soon as practicable after receipt of an application, the SMA must:
(i) allocate a supplier code number to the manufacturer or importer of the device; and
(ii) inform the manufacturer or importer in writing of the number.
Compliance level 2
8. To comply with compliance level 2, the manufacturer or importer of a device must:
(a) comply with compliance level 1; and
(b) have obtained:
(i) a compliance certificate, and a technical test report, to the effect that the device complies with each standard that applies to the device; or
(ii) a copy of that certificate or report certified by the person who issued the certificate or authorised the report to the effect that the copy is identical in all relevant respects with the original.
Compliance level 3
9. To comply with compliance level 3, the manufacturer or importer of a device must:
(a) comply with compliance level 2; and
(b) hold a quality management system certificate:
(i) indicating that the manufacturer (whether in or outside Australia) of the device is quality certified in accordance with International Standards Organisation ISO 9003 or Australian/New Zealand Standard AS/NZS 9003, or a standard recognised by the SMA as being equivalent to, or more stringent than, either of those standards; and
(ii) issued by a quality management system certifier who is accredited under the Joint Accreditation System of Australia and New Zealand or listed in the International Standards Organisation Directory of Quality System Registration Bodies;
or a copy of that certificate.
PART 4—REQUIREMENTS TO BE MET AFTER LABELS AFFIXED
Application
10. 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 do not affect the compliance of the variant with any standard that applies to the device.
Compliance level 1
11. To comply with compliance level 1, the manufacturer or importer of a device must retain the original of the declaration of conformity relating to each standard that applies to the device until the end of 10 years after the device has ceased to be sold or otherwise supplied commercially in Australia by the manufacturer or importer of the device.
Compliance level 2
12. To comply with compliance level 2, the manufacturer or importer of a device must:
(a) comply with compliance level 1; and
(b) retain:
(i) the compliance certificate, and the technical test report, referred to in subparagraph 8 (b) (i); or
(ii) the copy of that certificate or report that is referred to in subparagraph 8 (b) (ii);
until the end of 10 years after the device to which the certificate or report relates has ceased to be sold or otherwise supplied commercially in Australia by the manufacturer or importer of the device.
Compliance level 3
13. To comply with compliance level 3, the manufacturer or importer of a device must:
(a) comply with compliance level 2; and
(b) retain:
(i) the quality management system certificate referred to in paragraph 9 (b); or
(ii) the copy of the certificate referred to in that paragraph;
until the end of 10 years after the device has ceased to be sold or otherwise supplied commercially in Australia by the manufacturer or importer of the device.
Where records are to be retained
14. (1) A record that is required to be retained under this Part must be held at a place in Australia the address of which is notified in writing to the SMA by the manufacturer or importer of the device before the device is sold or otherwise supplied commercially in Australia.
(2) If a record to which subclause (1) relates is moved to a place other than the place mentioned in that subclause, the manufacturer or importer of the device to which the record relates must notify the SMA in writing of the address of the other place not later than 14 working days after the day on which the record is moved.
Provision of certain information for inspection
15. (1) At the written request of an authorised officer, the manufacturer or importer of a device must:
(a) within 10 working days of a specified day—produce to the authorised officer a specified record that is required to be retained under this Part; and
(b) within 30 working days of a specified day—produce to the authorised officer a specified circuit diagram or manual, or copy of the diagram or manual, for the device.
(2) An 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 inspection
16. (1) At the written request of an authorised officer, the manufacturer or importer of a device must, within 10 working days of a specified day, produce to the authorised officer up to 3 samples of the device, as specified by the officer, for the purpose of ascertaining whether the device complies with each standard that applies to the device.
(2) An authorised officer may, on the issue of a receipt to the manufacturer or importer, retain a sample produced to the officer for a period of not more than 60 days.
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SCHEDULE 1 Clause 2
STANDARDS AND COMPLIANCE LEVELS
Column 1
Item No.
Column 2
Standard
Column 3
Compliance level
1
Radiocommunications Standard (Analogue Speech (Angle Modulated) Equipment) No. 1 of 1995
2
2
Radiocommunications Standard (Radiocommunications Devices used in the Inshore Boating Radio Services Band) No. 1 of 1996
2
3
Radiocommunications Standard (121.5MHz and 243.0MHz Emergency Position Indicating Radio Beacons) No. 1 of 1996
3
4
Radiocommunications Standard (HF CB and Handphone Radio Transmitters) No. 1 of 1996
2
5
Radiocommunications Standard (UHF CB Radio Transmitters) No. 1 of 1996
2
6
Radiocommunications Standard (Short Range Devices) No. 1 of 1996
1
7
Radiocommunications Standard (406 MHz Satellite Distress Beacons) No. 1 of 1996
3
SCHEDULE 2 Clause 4
FORM OF LABELs
PART 1
Information required under subclause 4 (2)
[not required if shown on external surface of device]
Product identification
code
(e.g. M5678)
[not required if shown on external surface of device]
PART 2
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SCHEDULE 3 Paragraph 7 (1) (b)
DECLARATION OF CONFORMITY
I/We.....................................................................................................
(name of manufacturer or importer)
of..........................................................................................................
(address of manufacturer or importer)
Australian Company Number (ACN)..................................................
(if applicable)
Australian Registered Body Name (ARBN)................................................................................................(if applicable)
Supplier code number........................................................................
declare that a device included in the following class of devices:
.............................................................................................................
.............................................................................................................
(name, type and model and, if available, lot, batch and serial numbers)
conforms with the following standard(s):
.............................................................................................................
(title(s) and identification number(s) of standard(s))
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)
.............................................................................................................
(signature of declarant)
.............................................................................................................
(full name of declarant)
SCHEDULE 3—continued
.............................................................................................................
(position held in the manufacturing or importing organisation)
.............................................................................................................
(date of Declaration)
It is an offence under section 302 of the Radiocommunications Act 1992 to knowingly or recklessly make a false or misleading statement. Penalty: $10,000.
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SCHEDULE 4 Paragraph 7 (2) (a)
APPLICATION FOR SUPPLIER CODE NUMBER
For Your Information
• The information pamphlet Radiocommunications Standards:
Compliance and Labelling should be read before completing this application
Return your completed form to:
• Radiocommunications Standards Team
Spectrum Management Agency
PO Box 78
BELCONNEN ACT 2616
• It is an offence under section 302 of the Radiocommunications Act 1992 to knowingly or recklessly make a false or misleading statement. Penalty : $10,000.
How can I obtain additional information?
Please contact your nearest
Spectrum Management Agency (SMA) office
• Incomplete or illegible forms may be returned
to the applicant
• The authority to collect the information in this form is provided by paragraph 7 (2) (a) of the Radiocommunications Devices (Compliance Labelling) Notice made under section 182 of the Radiocommunications Act 1992.
The information in this form is required to issue a supplier code number that will be included in a register and used for the purposes of administering the standards compliance and labelling scheme and auditing of compliance folders.
Applicant’s Details
Types of Radiocommunications Equipment
Name of company (or partnership, trading trust or individual)
Tick the box that indicates the types of radiocommunications equipment manufactured or imported:
q VHF Aeronautical Radios
q HF Citizen Band Radios
q UHF Citizen Band Radios
Australian Company Number (ACN) or Australian Registered Body Number (ARBN) (if applicable)
q 1.7/30/40 MHz Cordless Telephones
q 121.5/243 MHz Emergency Position Indicating Radio Beacons
q 406 MHz Satellite Distress Beacons
Postal address
Postcode
q 27 MHz Marine Radios
Street address of applicant
(if same as postal address, write ‘as above’)
q MF/HF SSB International Maritime Mobile Services Radio
Postcode
q VHF International Maritime Mobile Service Radios
Contact numbers
q VHF or UHF Land Mobile Radios
intended for analogue speech
Phone ( )
q VHF or UHF Land Mobile Radios
intended for data transmission
Fax ( )
q MF/HF SSB Land Mobile Radios
Street address where compliance folder to be retained
(if same as postal address, write ‘as above’)
q Paging Transmitters
Postcode
q Low Power Devices not specified
above
Declaration
I declare that the contents of this application are true and correct.
Signature of applicant
Position in Company, etc
Name (Print)
Date
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NOTE
1. Notified in the Commonwealth of Australia Gazette on 20 December 1996.
