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 in relation to conformity assessment, certificates and markings between the European Community and Australia – Final Act – Joint Declarations” signed 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 prescribed by equipment rules mentioned in Schedule 2 that apply to the device.
AS/NZS 4417.1 means AS/NZS 4417.1 Marking of electrical and electric products to indicate compliance with regulations Part 1: General rules for use of the mark published by Standards Australia, as in force or existing from time to time.
authorised officer means:
(a) an inspector under subsection 267(1) of the Act; or
(b) a person authorised in writing by the ACMA for sections 24, 25, 29 and 30.
built‑in display, for a device, means an electronic display or screen integral to the device, and does not include a display or screen that can be used independently of the device.
Class Licence means the Radiocommunications (Low Interference Potential Devices) Class Licence 2015 as in force from time to time.
Note 1: The Radiocommunications (Low Interference Potential Devices) Class Licence 2015 is registered on the Federal Register of Legislation kept under the Legislation Act 2003. See www.legislation.gov.au.
Note 2: For incorporation of an instrument as in force from time to time, see subsection 314A(2) of the Act.
CMEIG means Construction & Mining Equipment Industry Group Inc, an incorporated association registered under the Associations Incorporation Act 2009 (NSW), with incorporation number INC9879927.
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 an instrument made under subsection 407(1) of the Telecommunications Act 1997.
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 a form approved by the ACMA; or
(b) contains the information required in that approved form, whether or not the declaration is accompanied by other material.
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).
FCAI means the Federal Chamber of Automotive Industries (ACN 008 550 347).
Federal Communications Commission means the United States government body of that name.
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.
low interference potential device means a radiocommunications device the operation of which is authorised by the Class Licence.
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.
Note: Examples of devices that are low‑risk devices
Note: 1 A remote controlled model.
Note: 2 A garage door control.
Note: 3 A radio microphone.
Note: 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.
Note: Example of a device that is a medium‑risk device:
Note: A Digital Enhanced Cordless Telecommunications (DECT) device.
motor vehicle means a motor-powered road vehicle (including a 4 wheel drive vehicle).
NATA means the National Association of Testing Authorities Australia ACN 004 379 748.
national database means a database designated in writing by the ACMA for the purposes of Division 3.2.
Note: A database may be designated by the ACMA for the purposes of Division 3.2 even if it forms part of another database or also serves purposes other than purposes provided for in this Notice.
New Zealand Compliance Notice means the Radiocommunications (Compliance) Notice 2013 No. 2, 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 Radiocommunications (Compliance) Notice 2013 No. 2 is available on the Radio Spectrum Management website, www.rsm.govt.nz. 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 the Radiocommunications (Radio Standards) Notice 2010, 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 t Radiocommunications (Radio Standard) Notice 2010 is available on the Radio Spectrum Management websitewww.rsm.govt.nz. 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.
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 ACMA under section 407 of the Telecommunications Act 1997; or
(b) in accordance with this notice or the Radiocommunications Devices (Compliance Labelling) Notice 2003; or
(c) by SAI Global Limited ACN 050 611 642 under AS/NZS 4417.1.
TMA means Tractor and Machinery Association of Australia (ACN 004 237 209).
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.
vehicle means equipment that is:
(a) self-propelled; and
(b) capable of being used only on land.
wireless audio transmitter means a low interference potential device that is of a type mentioned at in column 1 at Item 28 of Schedule 1 to the Class Licence that is capable of being operated in the 694 – 820 MHz frequency range.
working day, in relation to a request, 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.
Note: The following words and expressions used in this Notice have the meaning given by the Act:
ACMA (section 5)
device (subsection 9(1)).
(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 or existing 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 section 4 of the New Zealand Compliance Notice for level of conformity 1, 2 or 3;
(c) the device is labelled with a compliance mark within the meaning of the New Zealand Compliance Notice.
4A References to other instruments
In this Notice, unless the contrary intention appears:
(a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and
(b) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force or in existence from time to time.
Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.
Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.