Part 3Form and placement of a compliance label

Part 3—Form and placement of a compliance label

17 Application of Part 3

(1) This Part applies to a device if the supplier for the device has complied with the compliance level for the device under Part 2.

(2) This Part also applies to a variant of the device.

Note This Part does not apply to a device that 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; see paragraph 8(b).

18 Who must apply a compliance label to a device

(1) If a device is manufactured in Australia, a label must be applied to the device as a compliance label by 1 of the following persons:

(a) the manufacturer;

(b) an agent of the manufacturer;

(c) a person who is authorised by the manufacturer, or an agent of the manufacturer, to apply labels on behalf of the manufacturer or agent.

Note A compliance label is described in subsection 19(1).

(2) If a device is manufactured outside Australia, a label must be applied to the device as a compliance label by 1 of the following persons:

(a) the importer;

(b) an agent of the importer;

(c) a person outside Australia who is authorised by the importer or agent to apply labels on behalf of the importer or agent.

(3) If a device:

(a) is either:

(i) manufactured as part of a motor vehicle, or installed in a motor vehicle, by a member of the FCAI ; or

(ii) imported as part of an imported motor vehicle by a member of the FCAI; and

(b) is an integral part of the motor vehicle; and

(c) complies with each applicable standard;

subsections (1) and (2) do not apply in relation to the device.

(4) If a device:

(a) is manufactured or imported by a member of the FCAI; and

(b) can only be operated if it is installed in a motor vehicle; and

(c) complies with each applicable standard;

subsections (1) and (2) do not apply in relation to the device.

(5) If a device:

(a) is either:

(i) manufactured as part of a vehicle, or installed in a vehicle, by either:

(A) a member of CMEIG; or

(B) a member of TMA; or

(ii) imported as part of an imported vehicle by either:

(A) a member of CMEIG; or

(B) a member of TMA; and

(b) complies with each applicable standard;