3.1Compliance labels

3.1 Compliance labels

Requirement for devices (other than low risk devices) to bear compliance label (1) If an applicable standard applies to a device that is not a low risk device, and the device complies with the standard, the device must bear a compliance label, consisting of either: (a) the RCM; or (b) if the label is applied before 1 March 2016—either of the compliance marks.

Note 1: The effect of section 4.2 is that a supplier must not apply a compliance label, consisting of the RCM to a device unless:

(a) the supplier is registered on the national database; or
(b) if the ACMA has not designated in writing a national database for the purposes of Part 4—the supplier has been issued a supplier code number.

Note 2: The effect of section 4.2B is that a supplier must not apply a compliance label, consisting of the C‑Tick mark to a device unless the supplier has been issued a supplier code number by the ACMA. In accordance with section 4.2C, the ACMA will cease issuing supplier code numbers at the time the ACMA designates in writing a national database.

Note 3: The effect of section 2.3 is to exempt a device that:

(a) is imported into Australia from New Zealand for supply; and
(b) bears a New Zealand compliance mark that complies with New Zealand labelling legislation,

Note: from the requirement for the device to bear a compliance label.

Note 4: Section 3.2 deals with the relationship between low risk devices and the labelling obligations. Suppliers must meet the same compliance level and record‑keeping obligations in relation to low risk devices even if a compliance label has not been applied to the device.

Note 5: A device that does not comply with an applicable standard is defined by subsection 9(2) of the Act to be a non‑standard device, and is regulated under Division 2 of Part 4.1 of the Act.

Note 6: Paragraph 2.4(b) provides that Part 3 of this Notice does not apply in relation to a device to which the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001 applies. Consequently, a device that is to be labelled with an A‑Tick mark under the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001 before 1 March 2016 is not required to be labelled with a compliance mark under this Notice.

Location of compliance label (2) Subject to sections 3.6 and 3.6A, the compliance label must be placed on the device on a place that is accessible by the user.