This Notice is the Radiocommunications Devices (Compliance Labelling) Notice 2003.

This Notice commences on gazettal.

3 Radiocommunications Devices (Compliance Labelling) Notice 1996 — revocation

The Radiocommunications Devices (Compliance Labelling) Notice 1996 is revoked.

4 Definitions

(1) In this Notice:

accredited testing body means a laboratory that is accredited, for this Notice, by:

(a) NATA; or

(b) a body that:

(i) has entered into a mutual recognition agreement with NATA; or

(ii) has entered into a mutual recognition agreement under the Agreement on Mutual Recognition on Conformity Assessment Certification and Marking made between Australia and the European Community on 24 June 1998, as in force from time to time; or

(iii) has entered into a mutual recognition agreement under an agreement about mutual recognition on conformity assessment certification and marking made between Australia and a foreign country or the European Union.

Act means the Radiocommunications Act 1992.

agent, of a manufacturer or importer, means a person who is authorised in writing by the manufacturer or importer to act in Australia as an agent of the manufacturer or importer for Division 7 of Part 4.1 of the Act.

applicable standard, for a device, means a standard mentioned in Schedule 3 that applies to the device.

Note Standards are made under section 162 of the Act.

authorised officer means:

(a) an inspector under subsection 267 (1) of the Act; or

(b) a person authorised in writing by the ACA for sections 24 and 25.

compliance label has the meaning given by subsection 9 (1).

Note Section 6 extends some references to ‘compliance label’ in this Notice to include a compliance label under the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001.

compliance mark means the C-Tick mark or the RCM.

compliance record has the meaning given by subsection 19 (1).

C-Tick mark means the mark set out in Part 1 of Schedule 1.

declaration of conformity means a declaration that:

(a) is in the form set out in Schedule 5; or

(b) contains the information required in the form set out in Schedule 5, whether or not the declaration is accompanied by other material.

Note Suppliers are not required to copy the declaration set out in Schedule 5. They may create their own forms, which contain, as a minimum, the information mentioned in Schedule 5.

description of the device means sufficient information for a person to determine whether the device is the same as a device for which a declaration of conformity was prepared.

Note The description of a device may include a photograph or sketch or other pictorial representation of the device illustrating its internal and external aspects (including printed circuit boards).

Federal Chamber of Automotive Industries means the Federal Chamber of Automotive Industries, ACN 008 550 347.

high-risk device means a device which if operated in contravention of an applicable standard may have a high interference impact on other devices using the radiofrequency spectrum.

Examples of devices that are high-risk devices

1 A land mobile service base station, mobile and portable equipment.

2 Citizen band radio equipment.

3 An emergency position-indicating radiofrequency beacon.

4 A paging transmitter.

5 VHF international maritime mobile equipment.

low-risk device means a device which if operated in contravention of an applicable standard may have a low interference impact on other devices using the radiofrequency spectrum.

Examples of devices that are low-risk devices

1 A remote controlled model.

2 A garage door control.

3 A radio microphone.

4 A personal alarm transmitter.

medium-risk device means a device:

(a) which if operated in contravention of an applicable standard may have an interference impact on other devices using the radiofrequency spectrum; and

(b) that is not:

(i) a high-risk device; or

(ii) a low-risk device.

Example of a device that is a medium-risk device

A spread spectrum device.

NATA means the National Association of Testing Authorities, Australia (ACN 004 379 748).

New Zealand Compliance Notice means a notice, as in force from time to time, made under regulations 32 (1) (d), (e), (f), (g) and (h) of the Radiocommunications Regulations 2001 of New Zealand.

Note The current New Zealand Compliance Notice is available on the internet at http://www.med.govt.nz/rsm/standards/index.html. The New Zealand Radiocommunications Regulations 2001 are made under the New Zealand Radiocommunications Act 1989. The Act and Regulations are available on the internet at http://www.legislation.govt.nz/.

New Zealand Radio Standards Notice means a notice, as in force from time to time, made under regulations 32 (1) (a), (b), (c), (d) and (j) of the Radiocommunications Regulations 2001 of New Zealand.

Note The current New Zealand Radio Standards Notice is available on the internet at http://www.med.govt.nz/rsm/standards/index.html. The New Zealand Radiocommunications Regulations 2001 are made under the New Zealand Radiocommunications Act 1989. The Act and Regulations are available on the internet at http://www.legislation.govt.nz/.

product identification code, for a device, means the written information used by the supplier of the device to identify the device.

RCM means the Regulatory Compliance Mark set out in Part 2 of Schedule 1.

Note The RCM is reproduced from the Appendix to AS/NZS 4417.

supplier means:

(a) in relation to an imported device — the importer or an agent of the importer; and

(b) in relation to a device manufactured in Australia — the manufacturer or an agent of the manufacturer.

supplier code number means a code number issued to a person:

(a) in accordance with a notice made by the ACA under section 407 of the Telecommunications Act 1997; or

(b) in accordance with this notice or the Radiocommunications Devices (Compliance Labelling) Notice 1996; or

variant, of a device, means a version of the device that is not identical to the device but is not sufficiently different from the device to affect the application to that version of an applicable standard for the device.

working day, in relation to a request under section 24, 25, 29 or 30, 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 place where the request is made.

(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 document with the prefix ‘AS/NZS’ is a reference to a document that is a joint Australian and New Zealand Standard approved for publication on behalf of Standards Australia and Standards New Zealand, as in force from time to time.

(4) A reference in this Notice to a device that complies with New Zealand labelling legislation is a reference to a device for which the following criteria are satisfied:

(a) the device complies, within the meaning of the New Zealand Radio Standards Notice, with an applicable standard mentioned in Table 1 of that Notice, which has a level of conformity of 1, 2 or 3;

(b) the supplier of the device, within the meaning of the New Zealand Compliance Notice, has the documents mentioned in paragraph 4 (a) of the New Zealand Compliance Notice for level of conformity 1, 2 or 3;

5 Application

(1) Subject to subsections (2) and (3), this Notice applies to a device that:

(a) is manufactured in or imported into Australia for supply; and

(b) is a device to which an applicable standard applies.

(2) This Notice does not apply to a device that is imported or manufactured otherwise than for supply in Australia.

(3) Parts 2, 3 and 4 of this Notice do not apply to a device that:

(a) is imported into Australia from New Zealand for supply; and

(b) complies with New Zealand labelling legislation.

Note Subsection 4 (4) explains when a device complies with New Zealand labelling legislation.

6 Relationship between this Notice and the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001

If a device to which this Notice applies is also an item of customer equipment or customer cabling to which the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001, as in force from time to time, applies:

(a) the requirements in this Notice (other than Part 2) are additional to the requirements under that Notice; and

(b) Part 2 of this Notice does not apply in relation to the device; and

(c) a reference in this Notice (except in subsection 4 (1)) to a compliance label includes a reference to a compliance label under that Notice.

Note An effect of paragraph (b) is that the supplier of a device that is to be labelled with an A-Tick under the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001 is not required to label the device with a C-Tick as well.

7 Relationship between this Notice and the Radiocommunications (Compliance Labelling — Electromagnetic Radiation) Notice 2003

If a device to which this Notice applies is also a device to which the Radiocommunications (Compliance Labelling — Electromagnetic Radiation) Notice 2003, as in force from time to time, applies, the requirements in this Notice are additional to the requirements under that Notice.

Note An effect of section 7 is that a C-Tick mark can only be applied to a device if it complies with the requirements of this Notice and the Radiocommunications (Compliance Labelling — Electromagnetic Radiation) Notice 2003.

Part 2 Form and placement of compliance labels

8 Who must apply a compliance label to a device

(1) If a device is manufactured in Australia, a label must be applied to the device as a compliance label by 1 of the following persons:

(a) the manufacturer;

(b) an agent of the manufacturer;

(c) a person who is authorised by the manufacturer, or an agent of the manufacturer, to apply labels on behalf of the manufacturer or agent.

Note A compliance label is described in subsection 9 (1).

(2) If a device is manufactured outside Australia, a label must be applied to the device as a compliance label by 1 of the following persons:

(a) the importer;

(b) an agent of the importer;

(c) a person who is authorised in writing by the importer or agent to act outside Australia as an agent of the importer for Division 7 of Part 4.1 of the Act.

(3) If a device:

(a) is either:

(i) manufactured as part of a motor vehicle, or installed in a motor vehicle, by a member of the Federal Chamber of Automotive Industries; or

(ii) imported as part of an imported motor vehicle by a member of the Federal Chamber of Automotive Industries; and

(b) is an integral part of the motor vehicle; and

subsections (1) and (2) do not apply in relation to the device.

Note See also sections 12 and 18 in relation to a high-risk device or a medium-risk device to which subsection 8 (3) applies.

9 What is a compliance label

(1) A compliance label for a device is a label that meets the requirements of this section.

(2) The label must be in the form set out in Schedule 2.

(3) The label must include the information specified in at least 1 of the paragraphs in subsection (4) about:

(a) in relation to an imported device — the importer; and

(b) in relation to a device manufactured in Australia — the manufacturer.

(4) The information is the following:

(a) business name and business address in Australia;

(b) business name registered on the national business names register within the meaning of section 147 of the Corporations Act 2001;

(d) Australian Company Number or ACN under section 118 of the Corporations Act 2001;

(e) Australian Registered Body Number or ARBN under Part 5B.2 of the Corporations Act 2001;

(f) Australian Business Number or ABN under the A New Tax System (Australian Business Number) Act 1999;

(g) registered trade mark under the Trade Marks Act 1995;

(h) supplier code number issued by the ACA, or in respect of the RCM, by Standards Australia International Limited.

(5) Subject to subsections (6) and (7), the label must be:

(a) legible, with alphanumeric characters of at least 1 mm high and the compliance mark at least 3 mm high; and

(b) made of durable material; and

(i) permanently; or

(ii) in a way that would make it difficult to obliterate or remove the label; and

(d) applied:

(i) to the external surface of the device; and

(ii) if the external surface of the device displays the product identification code for the device, as near as practicable to that code.

(6) If it is not possible to apply the label to the external surface of the device because of the size or physical nature of the device, the label must be applied to the labelling or outer surface of the packaging associated with the device.

(7) If it is possible, but not practical, to apply the label to the external surface of the device, the label must be applied to 1 of the following items associated with the device (listed in order of priority):

(a) the outer surface of the packaging;

(b) the instructions for use;

(8) Before applying a label under subsection (7), the supplier must:

(a) apply in writing to the ACA for approval to apply the label, setting out the reasons why subsection (7) should apply; and

(b) tell the ACA about the intended placement of the label; and

Part 3 Requirements to be met before a compliance label is applied

Division 3.1 Application of Part 3

10 No application to variants of a device

This Part does not apply in relation to a variant of a device if the relevant requirements of this Part have been met in relation to the device.

Division 3.2 Permission to use compliance marks and issue of supplier code numbers

11 Notification

(1) Before a supplier applies a label with a C-Tick mark to a device as a compliance label for the first time, the supplier must have obtained from the ACA:

(a) permission to use the C-Tick mark as part of the label; and

(b) a supplier code number.

(2) An application for permission and the supplier code number must be:

(a) in the form set out in Schedule 4; or

(b) in writing setting out the information required in the form set out in Schedule 4, whether or not the application is accompanied by other material.

Note Suppliers are not required to copy Schedule 4. They may create and submit their own forms, which must contain as a minimum the information mentioned in Schedule 4.

(3) Before a supplier applies a label with the RCM to a device as a compliance label for the first time, the supplier must register the supplier’s use of the RCM with the ACA in accordance with clause 4.6 of AS/NZS 4417.1, as if references in that Standard to the Spectrum Management Agency and SMA were references to the ACA.

(4) This section does not apply if the ACA has previously issued the supplier with a supplier code number and an approval to use a compliance mark under the Radiocommunications Devices (Compliance Labelling) Notice 1996, as in force immediately before the commencement of this Notice.

Division 3.3 Compliance levels

12 Compliance levels

(1) Before a supplier applies a compliance label to a device, the supplier must ensure that the device complies with each applicable standard at the compliance level mentioned in column 3 of Schedule 3 for the standard.

(2) The supplier of a high-risk device or a medium-risk device to which subsection 8 (3) applies must ensure that the device complies with each applicable standard at the compliance level mentioned in column 3 of Schedule 3 for the standard.

13 Compliance level 1

To comply with compliance level 1 for an applicable standard, the supplier of a device must:

(a) prepare a description of the device; and

(b) complete and sign a declaration of conformity for the device.

14 Compliance level 2

(1) To comply with compliance level 2 for an applicable standard, the supplier of a device must:

(a) comply with compliance level 1; and

(b) obtain and retain reasonable written evidence that the device complies with the standard.

(2) For paragraph (1) (b), the reasonable written evidence must include at least one of the following:

(a) written authority by the Federal Communications Commission for a device to operate in the United States of America (USA), along with documented information showing how the device has been altered to meet Australian requirements where these diverge from USA requirements;

(b) a test report prepared by an accredited testing body endorsed in accordance with the body’s accreditation criteria;

(d) a manufacturer’s performance specifications for the device.

15 Compliance level 3

To comply with compliance level 3 for an applicable standard, the supplier of a device must:

(a) comply with compliance level 1; and

(b) obtain and retain evidence that the device conforms with the standard in the form of a test report produced under section 16.

Division 3.4 Testing of devices

16 Testing

(1) This section applies if a device is to be tested for conformity with an applicable standard for compliance level 3.

(2) A test under this section must be carried out by an accredited testing body.

(3) The accredited testing body that tests a device must give a test report to the supplier of the device setting out:

(a) the tests it has used; and

(b) the results of those tests, including test data; and

17 Test results

(1) This section applies to a device tested for conformity with an applicable standard under section 16.

(2) A device conforms with the standard if:

(a) the test measurement is within the relevant test limit; and

(b) the uncertainty range is within the relevant test limit.

(3) A device does not conform with the standard if:

(a) the test measurement is not within the relevant test limit; or

(b) the uncertainty range, or a part of the uncertainty range, is not within the relevant test limit.

(4) For measurements of radiated emissions, a device is to be assessed for conformity or non-conformity with the standard according to paragraphs (2) (a) and (3) (a) only.

(5) In this section:

test limit means a maximum or minimum value set by an applicable standard for a particular quantity subject to measurement.

test measurement means a value attributed to a particular quantity subject to measurement according to an applicable standard.

uncertainty range means a range of values relating to a test measurement, within which the dispersion of test measurements for the quantity subject to measurement could reasonably be expected to fall.

Part 4 Requirements to be met after compliance label applied — devices to which Part 5 does not apply

Division 4.1 Application

18 Application of Part 4

This Part applies to:

(a) a device, other than a device to which Part 5 applies, if a supplier of the device applies a label to the device as a compliance label; and

(b) a high-risk device or a medium-risk device to which subsection 8 (3) applies.

Division 4.2 Record keeping

19 Compliance records — general requirements

(1) A compliance record is a record that must be kept under section 20.

(2) A compliance record:

(a) must be in English; and

(b) may be a copy of an original record; and

20 Keeping of records

(1) The supplier of the device must keep, for 5 years after the device has ceased to be supplied in Australia:

(a) the declaration of conformity relating to the device; and

(b) the description of the device; and

(c) for a high-risk device that is shown, under section 16, to comply with an applicable standard — the records mentioned in section 21; and

(d) for a medium-risk device — the records mentioned in section 22; and

(e) for a device to which a label is not applied under subsection 9 (7) — records of the documents and information mentioned in subsection 9 (8).

(2) If an agent of a manufacturer or importer keeps records for the manufacturer or importer that must be kept under subsection (1), the agent must also keep a copy of its agency agreement with the manufacturer or importer for the same period as those records are kept.

21 Records of compliance with applicable standard

For paragraph 20 (1) (c), the records are:

(a) the test report showing that the device conforms with the applicable standard; and

(b) for a variant of the device — a statement by the supplier that:

(i) identifies the device and the variant; and

(ii) describes the differences between the device and the variant; and

(iii) includes an explanation of how the differences mentioned in subparagraph (ii) do not affect the variant’s conformity with the applicable standard.

22 Records of compliance with compliance level 2

For paragraph 20 (1) (d), the records are records of the reasonable written evidence mentioned in paragraph 14 (1) (b).

Division 4.3 Availability of compliance records for inspection

23 Where compliance records are to be available

The supplier must ensure that the compliance records for the device are available at the principal business address in Australia of the supplier.

24 Provision of information to authorised officer

(1) An authorised officer may, in writing, require the supplier to give to the officer specified compliance records for the device.

(2) If the request is for a specified record, the supplier must produce the record within 10 working days after the day specified in the request.

(3) If the request is for a specified circuit diagram or manual for the device, the supplier must produce the document within 30 working days after the day specified in the request.

(4) After receiving the information from the supplier, the authorised officer must give the supplier a receipt for the information supplied.

(5) The authorised officer must return the records to the supplier as soon as practicable and, in any case, within 60 days after receiving the document.

(6) If an authorised officer believes that the records kept by the supplier do not provide sufficient evidence that the device complies with each applicable standard, the officer may, in writing, require the supplier to give to the officer a test report from an accredited testing body showing that the device either complies or does not comply with each applicable standard.

25 Testing of items by testing body

(1) An authorised officer may, in writing, require the supplier of a device to give up to 3 samples of the device to an accredited testing body specified by the officer, for testing to determine whether the device complies with an applicable standard.

(2) The supplier must comply with the request within 10 working days after the day specified in the request.

(3) The supplier must attempt to obtain from the body a receipt for the samples, specifying that the samples have been received by the body and the date when the samples were received by the body.

(4) On receiving a request from the ACA, the supplier must:

(a) give the receipt to the ACA; or

(b) if the supplier has been unable to obtain a receipt, satisfy the ACA that the supplier made reasonable attempts to obtain a receipt.

(5) The ACA must make arrangements with the body to ensure that the samples are returned to the supplier within a reasonable period after they have been tested.

(6) In this section, device includes a variant of the device.

Schedule 1 Compliance marks

(subsection 4 (1), definitions of C-Tick mark and RCM)

Part 1 C-Tick mark

Note The C-Tick mark is a protected symbol for section 188A of the Radiocommunications Act 1992.

Part 2 RCM

Note The RCM is a trademark owned by Australian and New Zealand regulators. Manufacturers or importers who intend to use the RCM should register with Standards Australia International Limited in accordance with AS/NZS 4417.1.

Schedule 2 Compliance labels

(subsection 4 (1), definition of compliance label, and subsection 9 (2))


Either the C-Tick mark or the RCM	Information required under subsection 9 (3)

Schedule 3 Applicable standards and compliance levels

(subsection 4 (1), definition of applicable standard)

Item	Applicable standard	Compliance Level
1	Radiocommunications Standard (Analogue Speech (Angle Modulated) Equipment) No. 1 of 1995	3
2	Radiocommunications Standard (Radiocommunications Devices Used in the Inshore Boating Radio Services Band) No. 1 of 1996	3
3	Radiocommunications Standard (HF CB and Handphone Radio Transmitters) No. 1 of 1996	3
4	Radiocommunications Standard (UHF CB Radio Transmitters) No. 1 of 1996	3
5	Radiocommunications Standard (Short Range Devices) No. 1 of 1996	1
6	Radiocommunications Standard (406 MHz Satellite Distress Beacons) No. 1 of 1996	3
7	Radiocommunications Standard (VHF Radiotelephone Equipment—Maritime Mobile Service) No. 1 of 1997	3
8	Radiocommunications Standard (Cordless Telephone) No. 1 of 1997	1
9	Radiocommunications Standard (Short Range Devices — 9 kHz to 25 MHz Radio Equipment and 9 kHz to 30 MHz Inductive Loop Systems) 1999	1
10	Radiocommunications (118MHz to 137MHz Amplitude Modulated Equipment — Aeronautical Radio Service) Standard 2002	3
11	Radiocommunications (MF and HF Radiotelephone Equipment — International Maritime Mobile Service) Standard 2002	3
12	Radiocommunications (Paging Service Equipment) Standard 2002	3
13	Radiocommunications (121.5 MHz and 243.0 MHz Emergency Position Indicating Radio Beacons) Standard 2003	3
14	Radiocommunications (MF and HF equipment — Land Mobile Service) Standard 2003	3
15	Radiocommunications (Data Transmission Equipment Using Spread Spectrum Modulation Techniques) Standard 2003	2

Schedule 4 Application form

(section 11)

	Australian Government
	Australian Communications Authority

Application to use the C-Tick mark

Instructions for Completion:
Please print clearly. Illegible, unclear or incomplete application forms may delay processing. Send completed forms by mail or fax to either: Manager — Radiocommunications Standards Compliance Officer Australian Communications Authority Radio Spectrum Management PO Box 78 Private Bag 92061, Auckland Mail Centre BELCONNEN ACT 2616 Auckland NEW ZEALAND Facsimile: (02) 6219 5133 or Facsimile: + 64 9 916 4561
Supplier (ie, manufacturer, importer or an authorised agent) Details:
Name of Australian/New Zealand company (or partnership, trading trust or individual)	Australian Company Number (ACN), or Australian Registered Body Number (ARBN), or Australian Business Number (ABN), or New Zealand Company Number (NZCN), or New Zealand GST Number

Postal address	Street address (if same as postal address, write ‘same as postal address’)
Postcode	Postcode
Contact numbers
Phone ( )	Fax ( )
Mobile ( )	Email:
Street address where compliance records are accessible (if same as postal address, write ‘as above’)
Postcode

Declaration:
I advise that it is our intention to market radiocommunications devices in Australia or New Zealand under the C-Tick mark. I understand that products marked with the C-Tick mark may only be marketed where a complete Declaration of Conformity relating to the products has been made and there are adequate technical grounds for making a Declaration of Conformity.	Signature of supplier / agent	Date

	Name (Print)

	Position in Organisation


For your information
Under Division 136 of the Criminal Code, it is an offence in Australia to make a statement that is false or misleading in a material particular in an application. Penalty: Imprisonment for 12 months.

Schedule 5 Declaration of conformity

(subsection 4 (1), definition of declaration of conformity)

	Australian Government
	Australian Communications Authority

Supplier’s Declaration of Conformity

(For compliance levels 1, 2 and 3 in Australia and Levels of Conformity 1, 2 and 3 in New Zealand)

As required by Notices under:

section 182 of the Australian Radiocommunications Act 1992;
section 134 of the New Zealand Radiocommunications Act 1989.

Instructions for Completion:

KEEP THIS DOCUMENT WITH YOUR COMPLIANCE RECORDS.

DO NOT RETURN TO THE ACA or THE MED

Supplier (ie, manufacturer, importer or an authorised agent) Details:
Name of Manufacturer, Importer or Agent		ACN, ARBN, ABN, NZCN or NZ GST Number

Address of Manufacturer, Importer or Agent		ACA / MED Supplier Code Number

Postcode

Product Details:

Product Description — Brand Name, Model, Lot, Batch or Serial Number (if available)

Applicable Standards Details:

Standard Title, Number, Edition and if applicable the Test Report Number

Declaration:
I hereby declare that the product mentioned above complies with the above mentioned standards and all products supplied under this Declaration will be identical to the sample identified above.	Signature of supplier / agent	Date

	Name (Print)

	Position in Organisation