Division 2.2Registration on national database and issue of supplier code numbers

Division 2.2—Registration on national database and issue of supplier code numbers

10 Use of RCM subject to registration on national database or issue of supplier code number

(1) Before a supplier applies a compliance label consisting of the RCM to a device, the supplier must:

(a) be registered on the national database; or

(b) if the ACMA has not designated in writing a national database for the purposes of this Division—have been issued a supplier code number.

Note Under section 187 of the Act, a supplier that fails to comply with requirements that must be met before a label has been applied to a device may be subject to a pecuniary penalty.

(2) If the ACMA designated in writing a national database for the purposes of Division 2.2 of the Radiocommunications (Compliance Labelling – Electromagnetic Radiation) Notice 2003, that database is taken to have been designated in writing by the ACMA for the purposes of this Division.

10A Registration on national database

(1) To be registered on the national database a supplier must, using a method which the database indicates is a method for including information on the database, provide:

(a) information identifying the supplier;

(b) the supplier’s address in Australia; and

(c) the name and contact details of a representative of the supplier.

(2) For paragraph (1)(a), information identifying a supplier consists of the supplier’s ABN and 1 of the following pieces of information in relation to the supplier:

(a) if the supplier is a body corporate, the name of the body corporate;

(b) if the supplier is an individual, the name of the individual;

(c) a business name used by the supplier in connection with its business as a supplier and registered as a business name under the Business Names Registration Act 2011.

(3) If the information provided by a supplier for inclusion in the national database subsequently changes, the supplier must, within 30 days after the change occurs, update the national database with the changed information using a method which the database indicates is a method for updating information on the database.

(4) In this section:

representative of the supplier means:

(a) an employee of the supplier;

(b) an officer of the supplier; or

(c) a person authorised in writing for the purposes of this section by the supplier or an employee or officer of the supplier.

officer of the supplier means:

(a) if the supplier is a corporation for the purposes of the Corporations Act 2001, an officer of a corporation as that term is defined in section 9 of the Corporations Act 2001; or