25

25 Testing of items by testing body

(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. (2) The supplier must comply with the request within 10 working days after the day specified in the request. (3) The supplier must attempt to obtain from the laboratory a receipt that specifies the samples have been received and the date when they were received. (4) On receiving a request from the ACMA, the supplier must: (a) give the receipt to the ACMA; or (b) if the supplier is unable to obtain a receipt—satisfy the ACMA that the supplier made reasonable attempts to obtain a receipt. (5) The ACMA must make arrangements to ensure that the samples are returned to the supplier within a reasonable period after they have been tested. (6) If testing required under section 25 shows that the device does not comply with the standard, the supplier must meet the financial costs of the testing. (7) If testing required under section 25 shows that the device complies with the standard, the ACMA must meet the financial costs of the testing. (8) In this section:

device includes a variant of the device.