Commonwealth Numbered Regulations - Explanatory Statements

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RADIOCOMMUNICATIONS (COMPLIANCE LABELLING-INCIDENTAL EMISSIONS) NOTICE 1996NO. 294

Statutory Rules 1996 No. 294

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

Radiocommunications (Compliance Labelling-Incidental Emissions) 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.

Subsection 182 (2) provides that the label must be in the form specified by the SMA. Subsections 182 (4) and s. 182 (4A) of the Act allow the SMA to specify requirements that must be met before the label can be affixed to the device, and requirements that 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 in 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. When the SAA makes standards the SMA can then consider adopting all or part of them as standards for the purposes of s. 162 of the Act.

The SMA, as the agency responsible for management of the radiofrequency spectrum, is concerned with managing the levels of electromagnetic interference ('EMI'). All electrical and electronic equipment creates EMI. The Increase in the extent of the EMI problem threatens the effective use of the radiofrequency spectrum and has led the SMA to establish a scheme to minimise EMI caused by electrical and electronic equipment. This scheme is known as the EMC framework. The EMC framework is aimed primarily at devices that have a purpose other than radiocommunications.

The EMC framework consists of standards made under s. 162 of the Act for the performance of devices and a notice made under s. 182 of the Act. There will be standards that specify the maximum emissions that a device may produce ('Emission Standards'), and standards that specify protection levels for devices that are susceptible to EMI ('immunity Standards'). The other part of the EMC framework is the notice made under s. 182 of the Act. The s. 182 Notice requires manufacturers and importers of devices to which Emission Standards and Immunity Standards apply to affix labels to their devices stating that they comply with the relevant standard.

The SMA has had extensive consultation with industry, within Australia and overseas, 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 products. Visits by SMA staff to industry were conducted, and these showed the acceptance of the proposed compliance and labelling scheme.

The Radiocommunications Devices (Compliance Labelling-incidental Emissions) Notice ('the Notice') is made under s. 182 (1) of the Act.

The Notice is not intended to cover devices that are imported or manufactured for a purpose other than a commercial one. Tourists who bring back devices from an overseas trip and a hobbyist who makes them for their personal use are, therefore, not covered.

The Notice provides requirements that manufacturers and importers must comply with, both before and after affixing a label to a device.

Before affixing a label, the manufacturer or importer must establish that the device complies with the relevant standard. This must be done in one of two ways. One option is that the manufacturer or importer may have the device tested by an accredited testing body. The other option is for the manufacturer to arrange for a competent body to assess whether or not the device complies with the relevant standard The latter option will not usually involve testing the device but will be an assessment based on the expertise of the competent body. This should provide a significant saving to industry in many cases.

Notes on the instrument

Clause 1 -Citation

Clause 1 is a citation provision.

Clause 2 - Interpretation

Clause 2 defines the terms used in the instrument.

Clause 3 - Application

Clause 3 sets out the scope of application of the instrument. The intention of the clause is that the instrument will apply to devices that are manufactured in, or imported into, Australia for sale or supply to the public, i.e. it will exclude the situation where international travellers bring a device with them into Australia.

The clause also excludes the application of the instrument to components of a device, except where such a component is an assembly of components that is itself to be sold or supplied to the Public. An example of this would be a power supply in a television set. A power supply is a component of a television set, but is also an assembly that is made up of smaller components. If the power supply was imported for separate sale or supply (not incorporated into the television set) it would be subject to the requirements of the Notice. However, the components that make up the power supply would not be subject to the Notice, even if they are manufactured in or imported into Australia for individual sale or supply to the public. Clause 3 also excludes from the application of the Notice devices that are supplied under a rental agreement.

Subclause 3 (1) sets out various dates on which the Notice will apply to devices. The application of the Notice will be delayed for some devices.

Clause 4 - Form of labels

Clause 4 provides for the appointment of "competent bodies". These bodies will make an assessment of whether a device complies with a standard or not. The requirement that they be accredited by NATA or a body with a mutual recognition agreement with NATA, or is subject to a mutual recognition agreement with between Australia, and a foreign country will ensure that the body has sufficient expertise to be able to assess compliance without the need to test the device. However, a competent body may arrange for a device to be tested if it considers it necessary for the purposes of their assessment.

Clause 4 also sets out requirements that a competent body must comply with and prescribes the manner of appointment of competent bodies.

Clause 5 - Requirement that labels be affixed

Clause 5 imposes the requirement for manufacturers and importers to affix labels to devices. However, they must not affix a label unless they have ensured that the device complies with the relevant standard.

Clause 6 - Form of labels

Clause 6 sets out the form of the label for the purposes of s. 182 (2) of the Act, and prescribes information that must be included in a label. The purpose of requiring the information described in subclause 6 (2) is so that the manufacturer or importer can be identified from the label.

Clause 7 - Requirements after label affixed

Clause 7 imposes the requirement that after a label has been affixed, the manufacturer or importer must comply with the requirements in Part 4.

Clause 8 - Application of Part 3 to variant

"Device" is defined in clause 2, so that the requirement to label only applies to devices that are imported or manufactured for sale or supply and also includes variants of the device.

Clause 8 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 in certain circumstances. However, this does not change the fact that variants of devices are required to be labelled. The circumstances where compliance with Part 3 would not be required are where the manufacturer or importer has complied with Part 3 with respect to the device from which the variant is derived, and the variant has less potential to cause interference than the device.

Clause 9 - Notification to SMA

Clause 9 sets out the notification requirements that the manufacturer or importer must satisfy before the label can be affixed to the device, Clause 9 also requires a manufacturer or importer to obtain permission from the SMA to use the C-Tick mark.

Clause 10 - Declaration of conformity

Clause 10 imposes the requirement that before affixing a label, a manufacturer or importer must have completed a Declaration of Conformity in relation to the device.

Clause 11 - Conformity requirements

Clause 11 sets out the requirements that a manufacturer or importer must satisfy in making a Declaration of Conformity (declaring that a device complies with the relevant standard).

Clause 12 - Testing route

Clause 12 provides for testing of devices by accredited testing bodies to enable a manufacturer or importer to declare that the devices comply with the relevant standard based on a test report.

Clause 13 - Technical Construction Route

Clause 13 provides for the assessment of conformity of a device with the relevant standard by a competent body. Clause 13 provides that a manufacturer or importer must apply to a competent body in a prescribed form if it wishes the competent body to assess if the device conforms to the standard. The form must contain information that sufficiently identifies the manufacturer or importer, and that fully describes the device to be assessed.

Clause 14 - Certain records to be retained

Clause 14 sets out requirements that must be satisfied after the label has been affixed to the device by a manufacturer or importer. The requirements relate to the retention of records for a period of 10 years after the device has ceased to be sold commercially in Australia.

Clause 15 - Testing route requirements after label affixed

Clause 15 sets out the testing and ether documents that are required to be retained under subparagraph 14 (1) (b) (i) where conformity to a standard has been declared on the basis of the testing route.

Clause 16 - Technical construction route requirements after label affixed

Clause 16 sets out the documents that are required to be retained under subparagraph 14 (1) (b) (ii) where conformity to a standard has been declared on the basis of the technical construction route (by assessment by a competent body).

Clause 17 - Where records must be retained

Clause 17 provides that if records in relation to devices are required to be retained under Part 4 Division 1 of the Notice, they must be kept at the places described in clause 17.

Clause 18 - Production of records

Clause 18 provides that a manufacturer or importer must produce certain records if requested to do so in writing by an authorised officer.

Clause 19 - Production of records

Clause 19 provides that a manufacturer or importer must produce samples of a device, and in certain circumstances a test report or report from a competent body, if requested to do so in writing by an authorised officer.

SCHEDULE l

Schedule 1 Sets out the relevant standards applicable to devices to which the standard applies for the purposes of clause 2. This will be added to as additional standards for devices are made under s. 162 of the Act.

SCHEDULE 2

Schedule 2 sets out the form of the label for the purposes of subclause 6 (1).

SCHEDULE 3

Schedule 3 sets out the form of the declaration of conformity for the purposes of paragraph 10 (1) (b).

SCHEDULE 4

Schedule 2 sets out the form of notification for the purposes of paragraph 9 (1) (a).

SCHEDULE 5

Schedule 5 sets out requirements that a competent body must satisfy for the purposes of clause 4.