Note 2 Both of these events must occur before this Notice commences.
3 Revocation
The Radiocommunications (Compliance Labelling—Electromagnetic Radiation) Notice 2003 [F2005B00259] is revoked.
4 Definitions
(1) In this Notice:
ABN has the same meaning as in the A New Tax System (Australian Business Number) Act 1999.
accredited testing body means a laboratory that is described in subsection (2).
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 means the Radiocommunications (Electromagnetic Radiation—Human Exposure) Standard 2014, as in force from time to time.
ARPANSA standard means the Radiation Protection Standard for Maximum Exposure Levels to Radiofrequency Fields—3 kHz to 300 GHz published by the Australian Radiation Protection and Nuclear Safety Agency.
Note The ARPANSA standard may be obtained from the Australian Radiation Protection and Nuclear Safety Agency website http://www.arpansa.gov.au.
AS/NZS 4417.1 means the Australian/New Zealand Standard Regulatory compliance mark for electrical and electronic equipment – Use of the mark published by Standards Australia Limited.
Note The AS/NZS 4417.1 may be obtained from SAI Global Ltd through its website http://www.saiglobal.com
authorised officer means:
(a) an inspector under subsection 267(1) of the Act; or
(b) a person authorised in writing by the ACMA to act as an authorised officer for the purposes of this Notice.
aware user device means a hand‑held or body‑worn radiocommunications transmitter that operates on a push‑to‑talk basis and is intended for use as:
(a) an ambulatory station; or
(b) a land mobile system station; or
(c) a maritime ship station; or
(d) a citizens band radio station; or
(e) an amateur station.
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.
category A device has the meaning given by section 5.
category B device means a device that is not a category A device.
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 19(1).
compliance mark means the C‑Tick mark or the RCM.
compliance record has the meaning given by section 20.
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, test report or assessment against the applicable standard 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).
device means a mobile station to which the applicable standard applies.
FCAI means the Federal Chamber of Automotive Industries (ACN 008 550 347).
human body means the head, neck and trunk but not the limbs.
mobile station means a transmitter that is established for use:
(a) in motion, whether on land, on water or in the air; or
(b) in a stationary position at unspecified points whether on land, on water or in the air.
Note: Examples of a mobile station
Note: 1 A wireless modem operating in a laptop computer.
Note: 2 A hand‑held cellular or PCS telephone with a radiating antenna in the handpiece.
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 2.2.
Note A database may be designated by the ACMA for the purposes of Division 2.2 even if it forms part of another database or also serves purposes other than purposes provided for in this Notice.
non‑aware user device means a device other than an aware user device.
normal position of use, of a device, means:
(a) the position specified in the measurement method applicable to the device in section 9, 10 or 11 of the applicable standard; or
(b) if paragraph (a) does not apply, the common use spatial orientation of the device with respect to the user; or
(c) if paragraphs (a) and (b) do not apply, the spatial orientation of the device with respect to the user recommended by the manufacturer.
old standard means the Radiocommunications (Electromagnetic Radiation – Human Exposure) Standard 2003.
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.
Specific Absorption Rate, or SAR, means the rate at which RF energy is absorbed in body tissues, expressed as watts per kilogram (‘W/kg’).
supplier means:
(a) in relation to an imported device—the importer or agent of the importer; and
(b) in relation to a device manufactured in Australia—the manufacturer or the agent of the manufacturer.
supplier code number means a code number issued to a person:
(a) in accordance with an instrument made by the ACMA under section 407 of the Telecommunications Act 1997; or
(b) in accordance with a notice made by the ACMA under section 182 of the Act; or
(c) by Standards Australia Limited under AS/NZS 4417.1.
TMA means Tractor and Machinery Association of Australia (ACN 004 237 209).
variant has the meaning given by section 4A.
vehicle means equipment that is:
(a) self-propelled; and
(b) capable of being used only on land.
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 in the place where the request is made.
(2) An accredited testing body is a laboratory that is accredited by:
(a) NATA; or
(b) an accreditation body of a foreign country, being a body with whom NATA has a mutual recognition arrangement or agreement;
to conduct tests for SAR.
Note Category B devices whose normal position of use is not more than 20cm from the human body must have tests for SAR conducted only by an accredited testing body, see paragraphs 12(2)(c) and 15(b).
(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 the Standards organisations of those countries, as in force from time to time.
(4) 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.
Note: Example
Note: AS/NZS 4417.1:2012 may be referred to as AS/NZS 4417.1.
(5) A term that is:
(a) used (but not defined) in this Notice; and
(b) defined in the Glossary of the ARPANSA standard;
has the meaning given by that Glossary.
4A Definition of variant
(1) This section sets out when a device is a variant of another device.
(2) If, in relation to a device (the first device), the applicable standard requires that a particular method be used for assessing whether the first device meets the applicable standard, then another device (the second device) is a variant of the first device if:
(a) the second device is not identical to the first device; and
(b) the method required by the applicable standard to be used for assessing whether the first device meets the applicable standard:
(i) is the same method required by the standard to be used for assessing whether the second device meets the standard; and
(ii) when used to assess whether the second device meets the standard, is used in the same manner as when used to assess whether the first device meets the standard.
5 Category A devices
(1) A category A device is a device that meets the criteria in subsection (2) or (3).
(2) The criteria in this subsection are that the device:
(a) is an aware user device; and
(b) is not required to be evaluated under section 5.2 of Schedule 5 to the ARPANSA standard.
(3) The criteria in this subsection are that the device:
(a) is a non‑aware user device; and
(b) is not required to be evaluated under section 5.3 of Schedule 5 to the ARPANSA standard.
6 Transitional
(1) If:
(a) the applicable standard applies to a device;
(b) the device is taken to comply with the applicable standard because the device complies with the old standard; and
(c) the supplier of the device complied with the Radiocommunications (Compliance Labelling—Electromagnetic Radiation) Notice 2003 in relation to the device;
the supplier is taken to comply with this Notice in relation to that device.
(2) Despite the revocation of the Radiocommunications (Compliance Labelling—Electromagnetic Radiation) Notice 2003, that notice applies to a device or supplier for the purposes of this section as if the notice had not been revoked.
(3) Subsections (1) and (2) cease to apply 12 months after the commencement of this Notice.
7 Application of this Notice to devices
(1) This Notice applies to a device if:
(a) the device is manufactured in Australia, or imported, for supply; and
(b) the applicable standard applies to it.
(2) This Notice does not apply to a device that is imported or manufactured otherwise than for supply in Australia.
(3) This Notice does not apply to a category B device for which there is no applicable measurement method under the applicable standard.
8 Relationship between this Notice and a labelling instrument made under the Telecommunications Act 1997
If a device to which this Notice applies is also customer equipment or customer cabling to which an instrument made under subsection 407(1) of the Telecommunications Act 1997, as in force from time to time, applies:
(a) the requirements in this Notice are additional to the requirements under that instrument; and
(b) Part 3 of this Notice does not apply in relation to the device; and
(c) a reference in this Notice (except subsection 4(1)) to a compliance label includes a reference to a compliance label under that instrument.
8A Relationship between this Notice and another labelling notice made under the Radiocommunications Act 1992
If a device to which this Notice applies is also a device to which another notice made under subsection 182(1) of the Act, as in force from time to time, applies, the requirements in this Notice are additional to the requirements under that notice.
Note An effect of this section is that a compliance mark can only be applied to a device if it complies with the applicable requirements of this Notice and any other notice made under subsection 182(1) of the Act.