Commonwealth Numbered Regulations - Explanatory Statements

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RADIOCOMMUNICATIONS DEVICES (COMPLIANCE LABELLING) NOTICE 1996 NO. 309

Statutory Rules 1996 No. 309

Issued by the authority of the Spectrum Management Agency ('SMA')

Radiocommunications Devices (Compliance Labelling) Notice

Radiocommunications Act 1992

Legislative Provisions

Under s. 182(1)(a) of the Radiocommunications Act 1992 ('the Act) the SMA may, by notice published in the Gazette, require the manufacturers and importers of devices to affix a label to each device that indicates whether the device meets the requirements of standards specified in the notice.

The standards referred to in s.182(1)(a) are. standards made by the SMA under s. 162 of the Act.

Under s.182(2) the label must be in the form specified by the SMA. Subsections 182(4) and s. 1 82(4A) of the Act allow the SMA to specify requirements which must be met before the label can be affixed to the device, and requirements which must be met after the label has been affixed.

Section 183 allows the SMA to determine recognised testing authorities for the purpose of issuing compliance certificates under s. 184 which certify that a device m a sample complies with the requirements of the standard.

Background

Under s.163(2) of the Act, the SMA has entered into a Memorandum of Understanding with the Standards Association of Australia (SAA) for it to prepare standards and engage in public consultation on behalf of the SMA. This arrangement has been entered into so that the SMA can consider adopting the standards made by the SAA as mandatory standards under s. 162 of the Act. The standards which the SMA has made under s.162 are listed in Schedule 1 of the Radiocommunications Devices (Compliance Labelling) Notice ('the Notice').

The SMA has had extensive consultation with the Radiocommunications Consultative Council (RCC) and RCC working groups on compliance with s.162 standards and labelling requirements under s.182 of the Act. A publicity and information campaign was conducted aimed at the known manufacturers or importers of radiocommunications products. Visits by SMA staff to industry were conducted and showed the acceptance of the proposed compliance and labelling scheme.

The Notice is intended to ensure compliance of devices with s.162 standards,. The Notice imposes a requirement to label radiocommunications devices that are covered by specified standards, and it will therefore only apply to standards that cover radiocommunications devices. Examples of radiocommunications devices are citizen band radios, land-mobile radios, wireless microphones and maritime mobile radios. There are separate standards and a s. 182 notice that applies to the electromagnetic compatibly of non-radiocommunications devices such as household goods and industrial equipment.

The Notice is not intended to cover devices that are imported or manufactured on other than a commercial basis. Tourists who bring back radiocommunications devices from an overseas trip and hobbyists who make them for their own use are therefore not covered.

The compliance levels in Part 3 of the Notice set out the requirements which must be met before the label can be affixed to the device. After the label is affixed, there are also requirements specified in Part 4 of the Notice which relate to the retention and production of records.

The Notice has three separate levels of compliance all of which include a declaration of compliance of the device with the relevant standard by the manufacturer or importer. This requirement is within the spirit of selfcertification embodied in s. 155 (2) (e) of the Act.

Th ere is a schedule to the notice which sets out the level of compliance which applies to devices which are covered by specified s.162 standards. The intention is that when additional standards are made they can be added to the schedule with the relevant compliance level.

Notes on the instrument

Clause 1 - Citation

Clause 1 is a citation provision.

Clause 2 - Interpretation

Clause 3 defines the terms used in the instrument.

Clause 3 - Requirement to affix labels

This clause provides that where devices are subject to a standard specified in Schedule 1, labels must be affixed to the devices by the manufacturer of devices made in Australia, or in the case of devices manufactured overseas, by the importer. (However where the importer meets the requirements in Part 3, cl. 3(2) allows the overseas manufacturer to affix the label on behalf of the importer). The label can not be affixed until the requirements of the relevant compliance level in Part 3 of the Notice are met.

"Device" is defined in cl.2 so that the requirement to label only applies to devices which are imported or manufactured for commercial purposes and also includes variants of the device.

Clause 4 - Form of labels

This clause sets out the form of the label for the purposes of 182(2) of the Act.

Clause 5 - Requirements after labels affixed

This clause requires compliance with the record retention requirements set out in Part 4 of the Notice after the label has been affixed to the device.

Clause 6 - Application

This clause provides that Part 3, which sets out the requirements which must be met before the device may be labelled, does not apply to variants of devices subject to certain conditions. Variants of devices are required to be labelled. However prior to being labelled, they are not required to meet the requirements in Part 3 provided that the relevant conditions are met. The conditions would allow manufacturers and importers to affix the label to a variant which has, for example, only cosmetic differences between the device and the variant, without having to comply with the relevant compliance level in relation to the variant.

Clause 7 - Compliance level 1

This clause sets out the requirements which must be met by devices which are covered by compliance level 1 before the label can be affixed to the device. This includes the requirement to apply for a supplier code number to the SMA and to make a declaration of conformity in the form set out in Schedule 3.

Clause 8 - Compliance Level 2

This clause sets out the requirements which must be met by devices which are covered by compliance level 2 before the label can be affixed to the device. This includes the requirement to meet compliance level 1 and requirements to relating to test reports and compliance certificates issued by recognised testing authorities or the SMA under s. 184 of the Act.

Clause 9 - Compliance Level 3

This clause sets out the requirements which must be met by devices which are covered by compliance level 3 before the label can be affixed to the device. This includes the requirement to meet compliance level 1 and 2 and requirements relating to that the manufacturer of the device in Australia or overseas holding a quality assurance certification.

Clause 10 -Application

This clause provides that Part 4, which sets out the requirements which must be met after the device is labelled, does not apply to variants of devices subject to certain conditions. Variants of devices are required to be labelled. However after being labelled, they are not required to meet the requirements in Part 4 provided that the relevant conditions are met. Where the conditions are met, manufacturers and importers can comply with the Notice without having keep the records specified in Part 4 in relation to the variant.

Clause 11 - Compliance level 1

This clause sets out the requirements which must be met after the label has been affixed to the device by the manufacturers and importers of devices covered by compliance level 1. The records specified must be kept for a period of 10 years after the device has ceased to be sold commercially by the manufacturer or importer.

Clause 12 - Compliance level 2

This clause sets out the requirements which must be met after the label has been affixed to the device by the manufacturers and importers of devices covered by compliance level 2. The records specified must be kept for a period of 10 years after the device has ceased to be sold commercially by the manufacturer or importer.

Clause 13 - Compliance level 3

This clause sets out the requirements which must be met after the label has been affixed to the device by the manufacturers and importers of devices covered by compliance level 3. The records specified must be kept for a period of 10 years after the device has ceased to be sold commercially by the manufacturer or importer.

Clause 14 - Where records are to be retained

This clause sets out where the manufacturer and importer must retain the relevant records. They are to be retained at an address notified to the SMA and the SMA is to be kept informed if the location of the records changes.

Clause 15 - Provision of certain information for inspection

This clause allows an inspector under the Act, or a person who is authorised for the purposes of this clause, to request the production of the records required to be retained and also circuit diagrams and other technical information concerning the device.

Clause 16 - Provision of certain articles for inspection

This clause allows an inspector under the Act, or a person who is authorised for the purposes of this clause, to request the production of up to three samples of the device which may not be retained for more than 60 days.

SCHEDULE 1

Schedule 1 sets out the relevant standards and the compliance level applicable to devices to which the standard applies for the purposes of cl.2. This will be added to as additional standards applicable to radiocommunications devices are made under s.162 of the Act.

SCHEDULE 2

Schedule 2 sets out the form of the label for the purposes of cl. 4.

SCHEDULE 3

This schedule sets out the form of the declaration for the purposes of cl.7(1)(b).