{"id":"F2005B00133","name":"Radiocommunications (Compliance Labelling - Incidental Emissions) Notice 2001","slug":"radiocommunications-compliance-labelling-incidental-emissions-notice-2001","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31719,"registerId":"commonwealth-F2005B00133-current","compilationNumber":null,"startDate":"2026-04-01","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Radiocommunications (Compliance Labelling - Incidental Emissions) Notice 2001","content":"![](image.001.png)\n\nRadiocommunications (Compliance Labelling — Incidental Emissions) Notice 2001\n\nThe AUSTRALIAN COMMUNICATIONS AUTHORITY issues this Notice under section 182 of the Radiocommunications Act 1992.\n\nDated 2 November 2001\n\nA.J SHAW Chair\n\nG.W LUTHER Senior Executive Manager\n\nAustralian Communications Authority\n\nContents\n\nPage\n\nPart 1 Preliminary\n\n1 Name of Notice 3\n\n2 Commencement 3\n\n3 Definitions 3\n\n4 Revocation 6\n\n5 Application of this Notice to devices 6\n\n6 Relationship between this Notice and the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001 7\n\nPart 2 Form and placement of a compliance label\n\n7 Who must apply a compliance label to a device 8\n\n8 What is a compliance label 8\n\nPart 3 Requirements to be met before a label may be applied\n\nDivision 3.1 Application of Part 3\n\n9 No application to variants of a device 10\n\nDivision 3.2 Permission to use regulatory marks and issue supplier code numbers\n\n10 Notification 10\n\n11 Declaration of conformity 11\n\nDivision 3.3 Compliance levels\n\n12 Compliance levels 11\n\n13 Compliance level 1 11\n\n14 Compliance level 2 11\n\n15 Compliance level 3 12\n\nDivision 3.4 Testing of devices\n\n16 Testing 12\n\nDivision 3.5 Technical assessment of devices\n\n17 Technical assessment 12\n\n18 Making an application for technical assessment 12\n\n19 Decision of competent body 13\n\nPart 4 Requirements to be met after labels applied\n\nDivision 4.1 Keeping of records\n\n20 Compliance records — general requirements 14\n\n21 Keeping of records 14\n\n22 Records showing compliance under section 16 — testing 14\n\n23 Records showing compliance under Division 3.5 — technical assessment 15\n\nDivision 4.2 Availability of compliance records for inspection\n\n24 Where compliance records are to be available 15\n\n25 Provision of information to authorised officer 15\n\n26 Testing of items by testing body 16\n\nPart 5 Requirements to be met after labels applied — devices imported from New Zealand\n\n27 Purpose of Part 5 17\n\n28 Application of Part 5 17\n\n29 Importer taken to have labelled device 17\n\n30 Provision of information to authorised officer 17\n\n31 Testing of items by testing body 18\n\nSchedule 1 Labels 19\n\nPart 1 The labels 19\n\nPart 2 The Marks 19\n\nSchedule 2 Standards 21\n\nSchedule 3 Notification and Application to use C‑Tick mark 22\n\nSchedule 4 Supplier’s Declaration of Conformity 24\n\nPart 1 Preliminary\n\n1 Name of Notice\n\nThis Notice is the Radiocommunications (Compliance Labelling — Incidental Emissions) Notice 2001.\n\n2 Commencement\n\nThis Notice commences on gazettal.\n\n3 Definitions\n\n(1) In this Notice, unless the contrary intention appears:\n\n> accredited testing body means a laboratory that is accredited, for this Notice, by:\n\n(a) NATA; or\n\n(b) a body that:\n\n(i) has entered into a mutual recognition agreement with NATA; or\n\n(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; or\n\n(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.\n\n> Act means the Radiocommunications Act 1992.\n\n> 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.\n\n> applicable standard, for a device, means a standard that applies to the device under the Radiocommunications (Electromagnetic Compatibility) Standard 2001.\n\n> authorised officer means:\n\n(a) an inspector under subsection 267 (1) of the Act; or\n\n(b) a person authorised in writing by the ACA for sections 25 and 26.\n\n> competent body means a body determined to be a competent body in an instrument made under subsection 183 (3) of the Act.\n\n> compliance label has the meaning given by subsection 8 (1).\n\n> 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.\n\n> compliance mark means any of the marks in Part 2 of Schedule 1.\n\n> compliance record has the meaning given by subsection 20 (1).\n\n> C-Tick mark means the mark set out in Part 2 of Schedule 1.\n\n> declaration of conformity means a declaration that:\n\n(a) is in the form set out in Schedule 4; or\n\n(b) contains the information required in the form set out in Schedule 4, whether or not the declaration is accompanied by other material.\n\n> Note Suppliers are not required to copy the declaration set out in Schedule 4. They may create their own forms, which contain, as a minimum, the information mentioned in Schedule 4.\n\n> 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, test report or statement by a competent body was prepared.\n\n> 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).\n\n> device means a device to which a standard applies.\n\n> high-risk device has the meaning given by subsection (3).\n\n> low-risk device means a device:\n\n(a) the operation of which has a low interference impact on other devices using the radiofrequency spectrum; and\n\n(b) that contains any of the following items:\n\n(i) manually operated switches;\n\n(ii) simple relays;\n\n(iii) brushless squirrel cage induction motors;\n\n(iv) conventional AC/AC transformers;\n\n(v) resistive elements (for instance, heating elements).\n\nExamples of devices that are not low-risk devices\n\n1 A switched mode power supply.\n\n2 An electronic transformer.\n\n3 A lighting ballast or an electronic lighting ballast.\n\n4 A microprocessor or other clocked digital device.\n\n5 A commutator or slip ring motor.\n\n6 A motor speed controller.\n\n> medium-risk device means a device that is not:\n\n(a) a high-risk device; or\n\n(b) a low-risk device.\n\n> NATA means the National Association of Testing Authorities, Australia.\n\n> New Zealand Notice means the New Zealand Radiocommunications (Electromagnetic Compatibility Compliance) Notice 2001, as in force from time to time.\n\n> Note The New Zealand Radiocommunications (Electromagnetic Compatibility Compliance) Notice 2001 is made under subregulation 32 (1) of the New Zealand Radiocommunications Regulations 2001. Those Regulations are made under paragraph 134 (1) (g) of the New Zealand Radiocommunications Act 1989.\n\n> product identification code, for a device, means the written information used by the supplier of the device to identify the device.\n\n> RCM means the Regulatory Compliance Mark set out in Part 2 of Schedule 1.\n\n> Note The RCM is reproduced from the Appendix to AS/NZS 4417.\n\n> standard means a standard specified in Schedule 2.\n\n> Note Standards are made under section 162 of the Act.\n\n> supplier means:\n\n(a) in relation to an imported device — the importer or agent of the importer; and\n\n(b) in relation to a device manufactured in Australia — the manufacturer or the agent of the manufacturer.\n\n> supplier code number means a code number issued to a person:\n\n(a) in accordance with a notice made by the ACA under section 407 of the Telecommunications Act 1997; or\n\n(b) in accordance with a notice made by the ACA under section 182 of the Act; or\n\n(c) by Standards Australia International Limited under AS/NZS 4417.\n\n> variant means a version of a device that is not identical 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.\n\n> working day, in relation to a request, means a day other than:\n\n(a) a Saturday or a Sunday; or\n\n(b) a day that is a public holiday or an Australian Public Service holiday in the place where the request is made.\n\n(2) A reference in this Notice to a standard is a reference to the standard as in force from time to time.\n\n(3) For this Notice, a high-risk device means a device that includes any of the following equipment:\n\n(a) Group 2 ISM equipment for AS/NZS 2064 (which deals with industrial, scientific and medical radiofrequency equipment);\n\n(b) telecommunications terminal equipment for AS/NZS 3548 (which deals with information technology equipment).\n\n(4) Paragraph (3) (b) applies for the period of 2 years starting on the date of commencement of this Notice.\n\n(5) 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 the Standards organisations of those countries, as in force from time to time.\n\n(6) Reference may be made in this Notice to an Australian and New Zealand Standard by number alone without inclusion of the edition or year of publication of the standard.\n\nExample\n\nAS/NZS 4417.1:1996 may be referred to as AS/NZS 4417.1.\n\n(7) 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:\n\n(a) the device complies, within the meaning of the New Zealand Notice, with an applicable standard mentioned in table 2, 3 or 4 of Schedule A to that Notice;\n\n(b) the supplier of the device, within the meaning of the New Zealand Notice, has the documents mentioned in paragraph 7 (a) of that Notice;\n\n(c) the device is labelled with a compliance mark within the meaning of the New Zealand Notice.\n\n4 Revocation\n\nThe following instruments are revoked:\n\n- Radiocommunications (Compliance Labelling — Incidental Emissions) Notice 1998, made on 21 December 1998\n- Radiocommunications (Compliance Labelling — Incidental Emissions) Amendment Notice 2000 (No. 1), made on 11 August 2000.\n\n5 Application of this Notice to devices\n\n(1) Subject to subsection (3), this Notice applies to any device that:\n\n(a) is manufactured in or imported into Australia for supply; and\n\n(b) is a device to which a standard applies.\n\n(2) This Notice does not apply to a device that is imported or manufactured otherwise than for supply in Australia.\n\n(3) Parts 2, 3 and 4 of this Notice do not apply to any device that:\n\n(a) is imported into Australia from New Zealand for supply; and\n\n(b) complies with New Zealand labelling legislation.\n\n> Note Subsection 3 (7) explains when a device complies with New Zealand labelling legislation.\n\n6 Relationship between this Notice and the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001\n\nIf a device to which this Notice applies is also 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:\n\n(a) the requirements in this Notice are additional to the requirements under that Notice; and\n\n(b) Part 2 of this Notice does not apply in relation to the device; and\n\n(c) a reference in this Notice (except subsection 3 (1)) to a compliance label includes a reference to a compliance label under that Notice.\n\n> 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.\n\n \n\nPart 2 Form and placement of a compliance label\n\n7 Who must apply a compliance label to a device\n\n(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:\n\n(a) the manufacturer;\n\n(b) an agent of the manufacturer;\n\n(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.\n\n> Note A compliance label is described in subsection 8 (1).\n\n(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:\n\n(a) the importer;\n\n(b) an agent of the importer;\n\n(c) a person outside Australia who is authorised by the importer or agent to apply labels on behalf of the importer or agent.\n\n(3) This section does not apply to a low-risk device.\n\n8 What is a compliance label\n\n(1) A compliance label for a device is a label that meets the requirements of this section.\n\n(2) The label must be in the form set out in Part 1 of Schedule 1.\n\n(3) The label must include the information specified in at least 1 of the paragraphs in subsection (4) about:\n\n(a) in relation to an imported device — the importer; and\n\n(b) in relation to a device manufactured in Australia — the manufacturer.\n\n(4) The information is the following:\n\n(a) business name and business address in Australia;\n\n(b) business name registered on the national business names register within the meaning of section 147 of the Corporations Act 2001;\n\n(c) personal name and address of place of business in Australia;\n\n(d) Australian Company Number or ACN under section 118 of the Corporations Act 2001;\n\n(e) Australian Registered Body Number or ARBN under Part 5B.2 of the Corporations Act 2001;\n\n(f) Australian Business Number or ABN under the A New Tax System (Australian Business Number) Act 1999;\n\n(g) registered trade mark under the Trade Marks Act 1995;\n\n(h) supplier code number issued by the ACA, or in respect of the RCM, by Standards Australia International Limited.\n\n(5) Subject to subsections (6) and (7), the label must be:\n\n(a) legible, with alphanumeric characters of at least 1 mm high and the compliance mark at least 3 mm high; and\n\n(b) made of durable material; and\n\n(c) applied to the device:\n\n(i) permanently; or\n\n(ii) in a way that would make it difficult to obliterate or remove the label; and\n\n(d) applied:\n\n(i) to the external surface of the device; and\n\n(ii) if the external surface of the device displays the product identification code for the device, as near as practicable to that code.\n\n(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.\n\n(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):\n\n(a) to the outer surface of the packaging;\n\n(b) to the instructions for use;\n\n(c) to the warranty or guarantee certificates.\n\n(8) Before applying a label under subsection (7), the supplier must:\n\n(a) apply in writing to the ACA for approval to apply the label, setting out the reasons why subsection (7) should apply; and\n\n(b) tell the ACA about the intended placement of the label; and\n\n(c) obtain written approval from the ACA to apply the label.\n\n \n\nPart 3 Requirements to be met before a label may be applied\n\nDivision 3.1 Application of Part 3\n\n9 No application to variants of a device\n\nThis Part does not apply in relation to a variant of a device if:\n\n(a) the relevant requirements of this Part have been met in relation to the device; and\n\n(b) the radiofrequency emission characteristics of the variant are not likely to exceed those of the device.\n\nDivision 3.2 Permission to use regulatory marks and issue supplier code numbers\n\n10 Notification\n\n(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:\n\n(a) permission to use the C-Tick mark as part of the label; and\n\n(b) a supplier code number.\n\n(2) An application for permission and the supplier code number must be:\n\n(a) in the form set out in Schedule 3; or\n\n(b) in writing setting out the information required in the form set out in Schedule 3, whether or not the application is accompanied by other material.\n\n> Note Suppliers are not required to copy Schedule 3. They may create and submit their own forms, which must contain as a minimum the information mentioned in Schedule 3.\n\n(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.\n\n(4) This section does not apply if the ACA has previously issued the supplier with a supplier code number and:\n\n(a) an approval to use a mark under the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001, as in force from time to time; or\n\n(b) an approval to use a mark under the Radiocommunications Devices (Compliance Labelling) Notice 1996, as in force from time to time.\n\n11 Declaration of conformity\n\n(1) Before a supplier of a device applies a label to the device as a compliance label, the supplier must make a declaration of conformity for the device.\n\n(2) Subsection (1) is taken to be satisfied by an importer of a device, or an agent of the importer, who applies a label to the device as a compliance label without making a declaration of conformity for the device if:\n\n(a) the device complies with an applicable standard; and\n\n(b) the device was manufactured outside Australia; and\n\n(c) the manufacturer of the device made a declaration of conformity for the device before the label was applied to the device.\n\n(3) A reference to manufacturer in a declaration of conformity made in accordance with paragraph (2) (c) is taken to include a reference to a person who manufactures a device outside Australia.\n\nDivision 3.3 Compliance levels\n\n12 Compliance levels\n\n(1) Before a supplier applies a compliance label to a device, the supplier must comply with the compliance level for the device.\n\n(2) The compliance level for a device is:\n\n(a) for a low-risk device — compliance level 1; and\n\n(b) for a medium-risk device — compliance level 2; and\n\n(c) for a high-risk device — compliance level 3.\n\n13 Compliance level 1\n\nTo comply with compliance level 1, the supplier of a device must:\n\n(a) prepare a description of the device; and\n\n(b) make a declaration of conformity for the device in accordance with section 11.\n\n> Note Subsection 11 (2) sets out the circumstances in which the requirement for a supplier of a device to make a declaration of conformity is taken to be satisfied by the overseas manufacturer of the device making the declaration.\n\n14 Compliance level 2\n\nTo comply with compliance level 2, the supplier of a device must:\n\n(a) comply with compliance level 1; and\n\n(b) show conformity with an applicable standard by a report of the results of:\n\n(i) tests under section 16; or\n\n(ii) a technical assessment under Division 3.5.\n\n15 Compliance level 3\n\nTo comply with compliance level 3, the supplier of a device must:\n\n(a) comply with compliance level 1; and\n\n(b) show conformity with an applicable standard by a report of the results of:\n\n(i) tests under section 16 by an accredited testing body; or\n\n(ii) a technical assessment under Division 3.5.\n\nDivision 3.4 Testing of devices\n\n16 Testing\n\n(1) If a device is tested for conformity with an applicable standard, the body that tests the device must issue a test report addressing:\n\n(a) the tests it has used; and\n\n(b) the results of those tests, including test data; and\n\n(c) whether the results of the tests show that the device meets the applicable standard.\n\n(2) A device tested for compliance level 3 must be carried out by an accredited testing body.\n\nDivision 3.5 Technical assessment of devices\n\n17 Technical assessment\n\nThis Division applies if the supplier of a device applies to a competent body for technical assessment of the device and the supporting documentation to show that the device conforms with each applicable standard.\n\n18 Making an application for technical assessment\n\n(1) An application for technical assessment must:\n\n(a) include sufficient information to enable technical assessment to be made; and\n\n(b) be in writing; and\n\n(c) be in English.\n\n(2) An application under subsection (1) may be made in electronic form.\n\n19 Decision of competent body\n\n(1) If a competent body is satisfied that the application and accompanying material is not a sufficient basis for evaluating a device, the competent body:\n\n(a) may tell the applicant to have the device tested by an accredited testing body; and\n\n(b) may use the test results for evaluating the device; and\n\n(c) may require the applicant to give it further information about the device, including test reports.\n\n(2) If a competent body is satisfied, after evaluating a device, that the application and accompanying material is a sufficient basis for concluding that the device meets each applicable standard, the competent body must issue a technical assessment for the device.\n\n(3) If a competent body is not satisfied, after evaluating a device, that the application and accompanying material is a sufficient basis for concluding that the device meets each applicable standard, the competent body must tell the applicant that it is not satisfied and give the applicant a written statement of the reasons why it is not satisfied.\n\n> Note Under section 174 of the Act, a person does not contravene section 160 of the Act by supplying a non-standard device in accordance with the ACA’s written permission. If the ACA decides to refuse to give such permission to a person who has applied to the ACA for it in a form approved by the ACA, the ACA must give to the person a written notice setting out reasons for its decision. In addition, the decision to refuse permission is reviewable under Part 5.6 of the Act.\n\n \n\nPart 4 Requirements to be met after labels applied\n\nDivision 4.1 Keeping of records\n\n20 Compliance records — general requirements\n\n(1) A compliance record is a record that must be kept under section 21.\n\n(2) A compliance record:\n\n(a) must be in English; and\n\n(b) may be a copy of an original record; and\n\n(c) may be kept in electronic form.\n\n21 Keeping of records\n\n(1) If a supplier of a device applies a label to the device as a compliance label, the supplier must keep, for 5 years after the device has ceased to be supplied in Australia:\n\n(a) the declaration of conformity relating to the device; and\n\n(b) the description of the device; and\n\n(c) for a medium-risk device or high-risk device for which compliance is shown under section 16 — the records mentioned in section 22; and\n\n(d) for a medium-risk device or high-risk device for which compliance is shown under Division 3.5 — the records mentioned in section 23; and\n\n(e) for a device to which a label is applied under subsection 8 (7) — records of the documents and information mentioned in subsection 8 (8).\n\n(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.\n\n22 Records showing compliance under section 16 — testing\n\nFor paragraph 21 (1) (c), the records are:\n\n(a) the test report from a testing body showing that the device meets the applicable standard; and\n\n(b) for a variant — a statement by the supplier that:\n\n(i) identifies the device and its variant; and\n\n(ii) describes the differences between the device and its variant; and\n\n(iii) provides a technical rationale for the conformity of the variant.\n\n23 Records showing compliance under Division 3.5 — technical assessment\n\nFor paragraph 21 (1) (d), the records are:\n\n(a) documents submitted with an application for a technical assessment by a competent body; and\n\n(b) the technical assessment by the competent body.\n\nDivision 4.2 Availability of compliance records for inspection\n\n24 Where compliance records are to be available\n\nIf a supplier of a device applies a label to the device as a compliance label, the supplier must ensure that the compliance records for the device are available at the principal business address in Australia of the supplier.\n\n25 Provision of information to authorised officer\n\n(1) If a supplier of a device applies a label to the device as a compliance label, an authorised officer may, in writing, require the supplier to give to the officer specified compliance records for the device.\n\n(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.\n\n(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.\n\n(4) After receiving the information from the supplier, the authorised officer must give the supplier a receipt for the information supplied.\n\n(5) The authorised officer must return the records to the supplier as soon as practicable and, in any case, not more than 60 days after receiving the document.\n\n(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:\n\n(a) a test report from an accredited testing body showing that the device either complies or does not comply with each applicable standard; or\n\n(b) a report from a competent body confirming or rejecting the claims in the documentation of the supplier that the device complies with each applicable standard.\n\n26 Testing of items by testing body\n\n(1) If a supplier of a device applies a label to the device as a compliance label, an authorised officer may, in writing, require the supplier of a device to give up to 3 samples of the device to a laboratory accredited by NATA and specified by the officer, for testing whether the device complies with an applicable standard.\n\n(2) The supplier must comply with the request within 10 working days after the day specified in the request.\n\n(3) The supplier must attempt to obtain from the laboratory a receipt for the samples, specifying that they have been received and the date when they were received.\n\n(4) On receiving a request from the ACA, the supplier must:\n\n(a) give the receipt to the ACA; or\n\n(b) if the supplier has been unable to obtain a receipt, satisfy the ACA that the supplier made reasonable attempts to obtain a receipt.\n\n(5) The ACA must make arrangements to ensure that the samples are returned to the supplier within a reasonable period after they have been tested.\n\n(6) In this section, device includes a variant of the device.\n\n \n\nPart 5 Requirements to be met after labels applied — devices imported from New Zealand\n\n27 Purpose of Part 5\n\nThis Part provides ways for the ACA to work out whether a device imported into Australia from New Zealand complies with New Zealand labelling legislation.\n\n> Note Subsection 3 (7) explains when a device complies with New Zealand labelling legislation.\n\n28 Application of Part 5\n\nThis Part applies to a device that is imported into Australia from New Zealand.\n\n29 Importer taken to have labelled device\n\nFor this Part, the importer of a device is taken to have labelled the device under Part 2.\n\n30 Provision of information to authorised officer\n\n(1) An authorised officer may, in writing, require the importer of a device to give to the officer specified New Zealand compliance records for the device.\n\n(2) If the request is for a specified record, the importer must produce the record within 10 working days after the day specified in the request.\n\n(3) If the request is for a specified circuit diagram or manual for the device, the importer must produce the document within 30 working days after the day specified in the request.\n\n(4) After receiving the information from the importer, the authorised officer must give the importer a receipt for the information supplied.\n\n(5) The authorised officer must return the records to the importer as soon as practicable and, in any case, not more than 60 days after receiving the document.\n\n(6) If an authorised officer believes that records provided under this section by the importer do not provide sufficient evidence that the device complies with New Zealand labelling legislation, the officer may, in writing, require the importer to give to the officer:\n\n(a) a test report from an accredited testing body showing that the device either complies or does not comply with an applicable standard under this Notice; or\n\n(b) a report from a competent body that the device either complies or does not comply with an applicable standard under this Notice.\n\n> Note The applicable standard under this Notice for a device is the same standard as the applicable standard mentioned in table 2, 3 or 4 of Schedule A to the New Zealand Notice for the device.\n\n(7) In this section:\n\n> New Zealand compliance records means the documents mentioned in paragraph 7 (a) of the New Zealand Notice.\n\n31 Testing of items by testing body\n\n(1) An authorised officer may, in writing, require the importer of a device to give up to 3 samples of the device to a laboratory accredited by NATA and specified by the officer, for testing whether the device complies with an applicable standard under this Notice.\n\n> Note The applicable standard for a device under this Notice is the same standard as the applicable standard mentioned in table 2, 3 or 4 of Schedule A to the New Zealand Notice for the device.\n\n(2) The importer must comply with the request within 10 working days after the day specified in the request.\n\n(3) The importer must attempt to obtain from the laboratory a receipt for the samples, specifying that they have been received and the date when they were received.\n\n(4) On receiving a request from the ACA, the importer must:\n\n(a) give the receipt to the ACA; or\n\n(b) if the importer has been unable to obtain a receipt, satisfy the ACA that the supplier made reasonable attempts to obtain a receipt.\n\n(5) The ACA must make arrangements to ensure that the samples are returned to the importer within a reasonable period after they have been tested.\n\n(6) In this section, device includes a variant of the device.\n\n \n\nSchedule 1 Labels\n\n(subsections 3 (1) and 8 (1))\n\nPart 1 The labels\n\n| | |\n| --------------------------------- | ------------------------------------------- |\n| Either the C-tick mark or the RCM | Information required under subsection 8 (3) |\n| | |\n\nPart 2 The Marks\n\nThe C-Tick mark\n\n![](image.002.png)\n\n> Note The C-Tick mark is a protected symbol for section 188A of the Radiocommunications Act 1992.\n\nThe RCM\n\n![](image.003.png)\n\n> 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.\n\nSchedule 2 Standards\n\n(subsection 3 (1))\n\n| Item | Standard |\n| ---- | ----------------------------------------------------------------- |\n| 1 | Radiocommunications (Electromagnetic Compatibility) Standard 2001 |\n\nSchedule 3 Notification and Application to use C‑Tick mark\n\n(subsection 10 (2))\n\n| | | |\n| --- | --- | --- |\n\n## Application to use the C-Tick mark\n\n```html\n

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 Product Declaration Officer

Australian Communications Authority Ministry of Economic Development

PO Box 78 PO Box 8562 Riccarton

BELCONNEN ACT 2616 CHRISTCHURCH New Zealand

Facsimile: (02) 6219 5133 or Facsimile: (03) 343 1219

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 electrical and electronic devices in Australia or New Zealand under the C-Tick mark. When marketing products in New Zealand I agree to the C-Tick licence conditions.

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 in the form of a test report or Technical Construction File.

Signature of supplier / agent

Date

Name (Print)

Position in Organisation

For your information

It is an offence to make a false statement in connection with the operation of the Radiocommunications Act 1992 in Australia and the Radiocommunications Act 1989 in New Zealand.

Penalty: 100 penalty units. (Australia)

\n```\n\nSchedule 4 Supplier’s Declaration of Conformity\n\n(subsection 3 (1))\n\n| | | |\n| --- | --- | --- |\n\n## Supplier’s Declaration of Conformity\n\n(For compliance levels 1, 2 and 3 in Australia and Levels of Conformity 1, 2 and 3 in New Zealand)\n\nAs required by Notices under:\n\n- section 182 of the Australian Radiocommunications Act 1992;\n- section 134 of the New Zealand Radiocommunications Act 1989.\n\n| Instructions for Completion: |\n| ----------------------------------------------------------------------------------- |\n| KEEP this document WITH YOUR COMPLIANCE RECORDS.DO NOT RETURN TO THE ACA or THE MED |\n\n```html\n

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

\n```\n\n| Product Details: |\n| ----------------------------------------------------------------------------------- |\n| Product Description — Brand Name, Model, Lot, Batch or Serial Number (if available) |\n| |\n| |\n| |\n| |\n\n| Applicable Standards Details: |\n| ------------------------------------------------------------------------ |\n| Standard Title, Number, Edition and if applicable the Test Report Number |\n| |\n| |\n| |\n| |\n\n```html\n

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

\n```","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":1900},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The Notice maintains its original technical scope as an electromagnetic compatibility labelling instrument. The inclusion of New Zealand mutual recognition provisions and the relationship with telecommunications labelling rules are integral to the regulatory scheme, not scope expansions. The instrument replaces earlier 1998 and 2000 notices without expanding beyond the core purpose of regulating incidental radio emissions."},"complexity_factors":["Three-tier risk classification system (low/medium/high) with distinct compliance pathways for each category","Dual compliance mark regime (C-Tick vs RCM) with different registration and permission requirements","Extensive cross-referencing to external standards (AS/NZS), the Radiocommunications Act 1992, Corporations Act 2001, and New Zealand legislation","Conditional labelling placement rules with hierarchy (device surface → packaging → documentation) and requirement for ACA approval in some cases","23 defined terms including technical definitions (ISM equipment, variants, competent body, accredited testing body)","Mutual recognition arrangements requiring parallel analysis of New Zealand compliance status","Multiple exceptions and carve-outs (variants, low-risk devices, NZ imports, telecommunications equipment overlaps)"],"plain_english_summary":"This Notice sets labelling and compliance rules for electronic devices that incidentally emit radio frequencies—affecting manufacturers and importers selling in Australia. It requires most devices to carry a C-Tick or RCM mark showing they meet EMC standards, with risk-based testing, supplier registration, recordkeeping for five years, and enforcement powers to inspect records or samples. \n\nDevices compliant under New Zealand rules are accepted in Australia. The regime protects radio services and sensitive equipment from interference."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Notice applies to devices to which the electromagnetic compatibility standard applies and replaces earlier 1998/2000 instruments (s4). It preserves exemptions for New Zealand‑compliant imports (s5(3), Part 5) and confines regulation to devices supplied in Australia; it does not broaden the category of regulated devices beyond those covered by the referenced standards."},"complexity_factors":["Multiple compliance levels with different evidence standards (ss12–15)","Choice between testing by accredited bodies and technical assessment by competent bodies (ss16,17–19)","Accreditation and mutual recognition requirements for testing bodies (s3(1))","Pre‑approval/registration to use regulatory marks and supplier code (s10)","Detailed labelling form, placement and alternative‑placement approval process (s8(2)–(8))","Record‑keeping obligations and time limits (s21: 5 years)","ACA inspection, information production and sample testing powers with specified timeframes (ss24–26, 30–31)","Interaction with separate Telecommunications Labelling Notice and New Zealand compliance rules (ss6,3(7), Part 5)","Definitions and device‑risk categorisation that affect procedural path (s3: low/medium/high risk)","Revocation of earlier instruments and reliance on external standards and schedules (s4, Schedule 2)"],"plain_english_summary":"This Notice imposes mandatory labelling and conformity steps for devices governed by the Radiocommunications (Electromagnetic Compatibility) Standard: it sets who must place a C‑Tick or RCM, what must appear on the label, where it must be placed, and the pre‑label proof of conformity (supplier declaration, testing or technical assessment).\n\nIt affects manufacturers, importers and their agents supplying devices in Australia (and importers from New Zealand). Suppliers bear testing and record‑keeping costs and face ACA inspection, sample testing and approval requirements (see ss10,16,19,21,25–26)."}},"importantCases":[],"_links":{"self":"/api/acts/radiocommunications-compliance-labelling-incidental-emissions-notice-2001","history":"/api/acts/radiocommunications-compliance-labelling-incidental-emissions-notice-2001/history","analysis":"/api/acts/radiocommunications-compliance-labelling-incidental-emissions-notice-2001/analysis","conflicts":"/api/acts/radiocommunications-compliance-labelling-incidental-emissions-notice-2001/conflicts","importantCases":"/api/acts/radiocommunications-compliance-labelling-incidental-emissions-notice-2001/important-cases","documents":"/api/acts/radiocommunications-compliance-labelling-incidental-emissions-notice-2001/documents"}}