300ATransitional—failure to comply with requirements to be met after a label has been applied to a device

#### 300A Transitional—failure to comply with requirements to be met after a label has been applied to a device General rule (1) If: (a) before the commencement of this section, the ACMA gave a notice under repealed subsection 182(1); and (b) the notice specified requirements to be met after a label has been applied to a device; a manufacturer or importer must comply with those requirements in relation to a label that was applied to a device before the commencement of this section. Civil penalty: 20 penalty units. (2) Subsection (1) does not apply if the manufacturer or importer has a reasonable excuse. Corporations power (3) If: (a) before the commencement of this section, the ACMA gave a notice under repealed subsection 182(1); and (b) the notice specified requirements to be met after a label has been applied to a device; and (c) a manufacturer or importer is a constitutional corporation; the manufacturer or importer must comply with those requirements in relation to a label that was applied to a device before the commencement of this section. Civil penalty: 20 penalty units. (4) Subsection (3) does not apply if the manufacturer or importer has a reasonable excuse. Other legislative powers (5) If: (a) before the commencement of this section, the ACMA gave a notice under repealed subsection 182(1); and (b) the notice specified requirements to be met after a label has been applied to a device; and (c) before the commencement of this section, a manufacturer or importer manufactured or imported a device for the purposes of supply: (i) in the course of, or in relation to, constitutional trade or commerce; or (ii) to the Commonwealth; or (iii) to a Territory; or (iv) to an authority or instrumentality of the Commonwealth; or (v) to an authority or instrumentality of a Territory; the manufacturer or importer must comply with those requirements in relation to a label that was applied to the device before the commencement of this section. Civil penalty: 20 penalty units. (6) Subsection (5) does not apply if the manufacturer or importer has a reasonable excuse. Constitutional trade or commerce (7) For the purposes of this section, constitutional trade or commerce means: (a) trade or commerce between Australia and places outside Australia; or (b) trade or commerce among the States; or (c) trade or commerce within a Territory, between a State and a Territory or between 2 Territories. Transitional (8) If: (a) a notice was in force under repealed section 182 immediately before the commencement of this section; and (b) the notice specified requirements to be met after a label has been applied to a device; then, despite the repeal of that section by the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020, the notice, so far as it specified those requirements, continues in force, in relation to a label applied to a device before the commencement of this section, as if that section had not been repealed.