Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001

Part 1—Preliminary

Simplified outline of Part 1

 Customer equipment is equipment that is used, or intended for use, on the customer side of the boundary of a telecommunications network.

 Customer cabling is a line that is used, or intended for use, on the customer side of the boundary of a telecommunications network.

 This Part defines general terms and acronyms used in this Notice, including the meaning and description of compliance records and items.

 This Notice applies to manufacturers, importers and their authorised agents of telecommunications customer equipment and customer cabling.

 If there is inconsistency between applicable standards, the supplier must choose which applicable standard to use and must prepare a statement including inconsistencies.

 Suppliers may comply with replacement standards before the expiry of older standards.

1.1 Name of Notice

This Notice is the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001.

1.2 Commencement

This Notice commences on gazettal.

1.3 Revocation

The following instruments are revoked:

• the Telecommunications Labelling (Customer Equipment and Cabling) Notice 1997
• the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice No. 2 of 1997 (Amendment No. 1 of 1998)
• the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice No. 2 of 1997 Amendment Notice 1998 (No. 2)
• the Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 1999 (No. 1)
• the Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2000 (No. 1)
• the Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2000 (No. 2).

1.4 Definitions

(1) In this Notice, unless the contrary intention appears:

accreditation body means a specified person or association that is determined by ACMA, under subsection 409(1) of the Act, to be an accreditation body for section 409 of the Act.

Act means the Telecommunications Act 1997.

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 21 of the Act.

applicable standard, for an item that is mentioned in column 2 of the tables in Part 2 of Schedule 1, means:

(a) a standard that:
(i) is mentioned in column 3 of the tables in that Part; and
(ii) applies to the item; or
(b) if a part of a standard that is mentioned in column 3 of the tables in Part 2 of Schedule 1 applies to the item, that part of the standard; or
(c) if a standard mentioned in column 3 of the tables in Part 2 has been amended, and subsection 6.1 (3) does not apply to the item, the standard as amended;

and includes a standard that has been revoked.

approving body means a specified person or association that is determined by ACMA, under subsection 410(1) of the Act, to be an approving body for section 410 of the Act.

associated cabling equipment means customer equipment that is mentioned in the Certified Components List that was maintained by AUSTEL as at 30 June 1997.

A-Tick mark means the mark set out in Part 2 of Schedule 3.

AUSTEL means the body corporate that continued in existence by force of section 34 of the Telecommunications Act 1991.

AUSTEL permit means a permit that was issued by AUSTEL under:

(a) section 118 of the Telecommunications Act 1989; or
(b) section 258 of the Telecommunications Act 1991.

authorised officer means:

(a) an inspector under subsection 533(1) of the Act; or
(b) a person authorised by the ACMA for this Notice.

built‑in display, for customer equipment, means an electronic display or screen integral to the customer equipment, and does not include a display or screen that can be used independently of the customer equipment.

CB Testing Laboratory has the same meaning as in the IECEE CB Rules of Procedure.

certification body means a specified person or association that is determined by an approving body, under subsection 410(2) of the Act, to be a certification body for Division 7 of Part 21 of the Act.

competent body means a specified person or association that is determined by an accreditation body, under subsection 409(3) of the Act, to be a competent body for Division 7 of Part 21 of the Act.

compliance label means a label that must be applied to an item in accordance with section 3.1.

compliance level, for an applicable standard, means a compliance level mentioned in Division 4.2.

compliance mark means the A-Tick mark or the RCM.

compliance records, for an item, means the records mentioned in section 1.5.

declaration of conformity means a declaration that:

(a) for equipment other than disability customer equipment:
(i) is in a form approved by the ACMA for equipment other than disability customer equipment; or
(ii) contains the information required in that approved form, whether or not the declaration is accompanied by other material; and
(b) for disability customer equipment:
(i) is in a form approved by the ACMA for disability customer equipment; or
(ii) contains the information required in that approved form, whether or not the declaration is accompanied by other material.

Note: The ACMA makes approved forms available on its website at www.acma.gov.au/complianceforms.

description of the item has the meaning given by section 1.6.

disability has the meaning given by section 4 of the Disability Discrimination Act 1992.

disability customer equipment means customer equipment that:

(a) is for use by a person with a disability; and
(b) has at least 1 feature:
(i) that is designed to assist a person with a disability to access a service supplied over the analogue public switched telephone network; and
(ii) that is not a feature mentioned in the Telecommunications Disability Standard (Requirements for Customer Equipment for use with the Standard Telephone Service—Features for special needs of persons with disabilities—AS/ACIF S040) 2002; and
(c) can connect only to the analogue public switched telephone network.

disability representative body means a body that:

(a) represents a group of persons with a disability; and
(b) is funded by the department administered by the Minister with administrative responsibility for family and community services; and
(c) is listed on ACMA website as a disability representative body.

endorsed test report means a test report for an item that shows the endorsement or mark of:

(a) an accreditation body; or
(b) a body with which an accreditation body has an agreement for the mutual recognition of test reports.

Note: Example of endorsement or mark

Note: The trade mark of National Association of Testing Authorities, Australia (NATA).

exempt item has the meaning given by section 2A.1.

Grant of Equipment Authorisation means a written authorisation issued by the FCC or by a Telecommunications Certification Body on behalf of the FCC in accordance with the Grant of Equipment Authorisation procedures prescribed in 47 CFR 2 of the Code of Federal Regulations of the United States of America, as in force from time to time.

IECEE CB Rules of Procedure means the Rules of Procedure of the IECEE Certification Body (CB) Scheme contained in the publication ‘IECEE 02—Scheme of the IECEE for Mutual Recognition of Test Certificates for Electrotechnical Equipment and Components (CB Scheme)—Rules of Procedure’ published by the IEC and as in force from time to time.

Note: The IECEE CB Scheme and the Rules of Procedure for the Scheme can be accessed through the following website: http://www.iecee.org/cbscheme/default.htm.

IECEE CB Test Certificate means a certificate issued by an Issuing and Recognising National Certification Body in accordance with the IECEE CB Rules of Procedure.

IECEE CB Test Report means a test report issued by a CB Testing Laboratory, in accordance with the IECEE CB Rules of Procedure, which accompanies the IECEE CB Test Certificate.

IECEE Certification Body (CB) Scheme means the ‘IECEE CB Scheme for Mutual Recognition of Test Certificates for Electrotechnical Equipment and Components (CB Scheme)’ established by the IEC.

importer, in relation to an item that was manufactured outside Australia, means a person who imports the item into Australia.

IMT‑2000 has the same meaning as in the Telecommunications Technical Standard (Requirements for Connection to an Air Interface of a Telecommunications Network—Part 4: IMT‑2000 Customer Equipment—AS/CA S042.4:2010) 2011.

Issuing and Recognising National Certification Body means an ‘Issuing and Recognizing National Certification Body’ as defined in the IECEE CB Rules of Procedure.

item means an item of customer equipment or customer cabling, and includes a modified item or an exempt item.

Note: Customer equipment is defined in section 21 of the Act and customer cabling is defined in section 20 of the Act.

manufacturer, in relation to an item, means a person who:

(a) manufactures the item in Australia; or
(b) modifies the item in Australia (whether or not the item was manufactured in Australia).

metallic local loop, in relation to a carrier’s network, means a metallic twisted pair communications wire that provides connectivity between equipment in the network and a customer’s premises.

modified item means an item that:

(a) met the requirements of:
(i) each applicable standard for the item; or
(ii) if relevant, standard ACA TS 102‑1998—
at a particular time; and
(b) has since been modified.

national database means a database designated in writing by the ACMA for the purposes of Division 4.1A.

Note: A database may be designated by the ACMA for the purposes of Division 4.1A even if it forms part of another database or also serves purposes other than purposes provided for in this Notice.

Notified Body means a body that has been designated by a member state of the European Union, and notified to the European Commission, to assess whether equipment meets the R&TTE Directive.

Notified Body Expert Opinion means a written statement by a Notified Body issued in accordance with the conformity assessment procedures described in Annex IV to the R&TTE Directive.

Public Mobile Telecommunications Service has the meaning given by section 32 of the Act.

recognised testing authority means a specified person that is determined by an accreditation body, under subsection 409(2) of the Act, to be a recognised testing authority for Division 7 of Part 21 of the Act.

RCM means the Regulatory Compliance Mark set out in Part 1 of Schedule 3.

R&TTE Directive means the ‘Directive 1999/5/EC of the European Parliament and the Council of the European Union of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity’, as in force from time to time.

supplementary compliance document means a document mentioned in column 2 of Table 7.1 in Schedule 7.

Supplier, in relation to an item, means:

(a) the manufacturer or importer of the item; or
(b) an agent of the manufacturer or importer of the item.

supplier code number means a code number issued to a person:

(a) in accordance with a notice made by the ACMA under section 407 of the Act; or
(b) in accordance with a notice made by the ACMA under section 182 of the Radiocommunications Act 1992; or
(c) by Standards Australia International Limited under AS/NZS 4417.

supply includes supply (including re‑supply) by way of sale, exchange, lease, hire or hire‑purchase.

Telecom Authorisation means an authorisation of the type described in section 126 of the Telecommunications Act 1989 immediately before the repeal of that Act.

Telecommunications Certification Body means a body designated by the FCC to approve equipment and issue Grant of Equipment Authorisations.

test report, for an item, means a report in English that shows the results of a test of a sample of the item.

working day, for a place, means a day that is not:

(a) a Saturday or a Sunday; or
(b) a public holiday, or an Australian Public Service holiday, in the place.

(2) In this Notice, a reference to an action taken under this Notice by ACMA includes an action taken under this Notice by the former Australian Communications Authority before 1 July 2005.

Note: The Act defines ACMA to mean the Australian Communications and Media Authority. ACMA came into existence on 1 July 2005.

1.4A Acronyms

In this Notice, a reference to an acronym mentioned in column 1 of the following table is a reference to the term mentioned in column 2 of the table.

1.5 Meaning of compliance records

(1) The compliance records for a kind of item are: (a) the description of the item; and (b) a declaration of conformity, test report, endorsed test report or other document obtained by the supplier of the item under Part 4; and (c) any additional document required by this section.

Note: Section 25 of the Acts Interpretation Act 1901 defines document to include:

(a) any paper or other material on which there is writing; and
(b) any paper or other material on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; and
(c) any article or material from which sounds, images or writings are capable of being reproduced with or without the aid of any other article or device.

(2) If the item is a modified item, the compliance records include the statement about the item prepared under subsection 4.7(2). (3) If section 1.7 applies to the item, the compliance records include the statement about the item prepared under paragraph 1.7(2)(b). (4) If the item is an exempt item, the compliance records include the entry in relation to the item on the register mentioned in section 2A.4. (5) If the item is an item of disability customer equipment, the compliance records include a written statement from a disability representative body to the effect that the equipment has a feature that will assist a person with a disability to access a service supplied over the analogue public switched telephone network. (6) If subsection 4.9(1) applies to the item, the compliance records include the written permission obtained by the supplier and mentioned in paragraph 4.9(2)(a). (7) If a compliance label is not applied to the item because of subsection 3.6(3) or (4), the compliance records include the records mentioned in subsection 3.6(6).

1.6 Meaning of description of the item

For the purposes of this Notice, a description of the item must include the following information: (a) the current model number for the item and, if relevant, any related model numbers for the item; (b) a photograph, or photographs, of the item showing the item’s internal and external aspects (including the printed circuit boards); (c) if the item incorporates software—the version of the software; (d) if it is intended to apply a compliance label to the item, or if it is an exempt item—sufficient information for a person to determine whether the item is the same as an item for which: (i) a declaration of conformity, test report, endorsed test report or statement by a competent body or certification body was prepared; or (ii) an Austel permit, or a Telecom Authorisation, was granted before 1 July 1997;

Note: Example for paragraph (d)

Note: Information that includes a block diagram of the item.

(e) if the item is an item of disability customer equipment, a description of each feature of the equipment that is designed to assist a person with a disability to access a service supplied over the analogue public switched telephone network.

1.7 Inconsistency between applicable standards

(1) This section applies if: (a) a kind of item meets the requirements of more than 1 applicable standard; but (b) the applicable standards are inconsistent with each other. (2) The supplier of the item must: (a) choose the standard that the supplier will use as the applicable standard; and (b) prepare a statement that: (i) sets out which provisions of the standards are inconsistent; and (ii) identifies the standard that the supplier has chosen as the applicable standard; and (c) keep the statement as part of the compliance records for the kind of item. (3) After the supplier prepares the statement: (a) the standard chosen by the supplier is taken to be an applicable standard for the kind of item; and (b) the standard with which that standard is inconsistent is taken not to be an applicable standard for the kind of item. (4) The supplier is not permitted to revoke or change the choice of a standard while the chosen standard is in force.

1.8 Compliance with replacement standard before expiry of old standard

(1) This section applies in relation to an item mentioned in a category in Part 2 of Schedule 1 if: (a) a technical standard (the old standard) mentioned in column 3 of that category has an expiry date listed for that standard in column 3 of Table 1.1 in Schedule 1; and (b) another technical standard (the replacement standard) mentioned in column 3 of that category is a replacement standard for the old standard; and (c) at the time when the item was first manufactured or imported, both the old standard and the replacement standard would, apart from this section, have been applicable standards for the item.

Note 1: Under subclause 1(3) of Part 1 of Schedule 1, if an expiry date for an old standard has passed, a reference to that standard in Part 2 is to be ignored so that the old standard is no longer applicable for the item.

Note 2: To find out if a technical standard has been replaced by a replacement standard, consult the table of technical standards in Part 1 of Schedule 1.

(2) The supplier of the item must ensure that the item complies with either the old standard or the replacement standard. (3) If the item complies with the old standard, the supplier may, at any time while the replacement standard is in force, have the item tested against the replacement standard for compliance with that standard. (4) If the supplier has the item tested against the replacement standard under subsection (3), the supplier must complete a new declaration of conformity showing that the item complies with the replacement standard. (5) Whichever standard the item complies with is taken to be the applicable standard for the item when it was first manufactured or imported, and the other standard is taken not to be the applicable standard for the item at that time.

Part 2—Application of this Notice

Simplified outline of Part 2

 This Part specifies the kind of items to which this Notice applies (only those items listed in Schedule 1 are subject to the telecommunications regulatory arrangements).

2.1 Items to which this Notice applies

This Notice applies to an item of a kind: (a) that is mentioned in column 2 of the tables in Part 2 of Schedule 1; and (b) to which an applicable standard applies.

Note: The item may have been manufactured or imported.

2.2 Items to which this Notice does not apply

This Notice does not apply to an item of a kind mentioned in Schedule 2.

Part 2A—Exemption from compliance labelling for certain items

Simplified outline of Part 2A

 Some items are exempt items and may be exempt from compliance labeling but not from the requirement to meet applicable standards or, for the suppliers of those items, the requirement to maintain compliance records.

 Suppliers must give ACMA notice of intention not to label certain exempt items.

 A supplier must maintain a publicly available register of all exempt items on the internet. This Part specifies the form and information content of the register.

2A.1 Exempt items

An item is an exempt item if: (a) it complies with any of ACA TS008‑1997, AS/ACIF S008‑2001, AS/ACIF S008‑2006 or AS/CA S008‑2011; and (b) it may be installed only by a person mentioned in subsection 420(1) of the Act.

2A.2 Exemption from compliance labelling

Despite section 3.1, an exempt item is not required to bear a compliance label if the supplier of the item: (a) has complied with the requirements set out in section 2A.3; and (b) has established a register in accordance with section 2A.4; and (c) has listed the exempt item on the register; and (d) complies with the requirements mentioned in Part 5.

Note: An exempt item must bear a compliance label in accordance with section 3.1 if the supplier has not complied with this section.

2A.3 Supply of exempt items without a compliance label

(1) A supplier must, before supplying an exempt item without a compliance label, give the ACMA a written notice that it will be a supplier of exempt items that do not bear a compliance label and: (a) be registered on the national database in accordance with section 4.2A; or (b) if the ACMA has not designated in writing a national database for the purposes of Division 4.1A—have obtained a supplier code number from the ACMA. (2) A supplier is only required to give the ACMA one written notice under subsection (1) even if the supplier supplies more than one type of exempt item without a compliance label. (3) The written notice of intention must be in a form approved by the ACMA.

Note: The ACMA makes approved forms available on its website.

Transitional arrangements (4) A supplier who, before the commencement day, gave the ACMA a written notice in relation to an exempt item under the former notice provision is taken to have complied with the requirement in subsection (1) to give the ACMA a written notice. (5) In this section:

commencement day means the day the Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2013 (No. 1) commences.

former notice provision means paragraph 2A.3(1)(a) of the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001 as in force immediately before the commencement day.

2A.4 Register of exempt items that do not bear a compliance label

(1) A supplier must, before supplying an exempt item without a compliance label: (a) establish on the internet a publicly available register that: (i) states the name of the supplier; and (ii) lists each of the exempt items that do not bear a compliance label; and (iii) includes, for each exempt item listed on the register, the information mentioned in subsection (2); and (b) tell ACMA the internet address for the register. (2) For subparagraph (1)(a)(iii), the information is: (a) for an item of customer cabling: (i) the information mentioned in paragraphs 3.7(a) and (b); and (ii) the number of pairs within the item of cabling; and (b) for an item of associated customer equipment, the information mentioned in paragraphs 3.8(2)(a) and (b). (3) An entry for an item on a register for subsection (1) may also include other information that may help to identify the item. (4) A register for subsection (1) must: (a) include only exempt items that do not bear a compliance label; and (b) list the exempt items in groups of like items, according to: (i) the technical characteristics of the item; or (ii) the function of the item; or (iii) the purposes for which the item is used, or for which it is intended that the item be used; or (iv) the location of the item; and (c) be separated from any other lists of products. (5) A supplier must ensure that an entry for an item on a register for subsection (1) remains on the register for at least 5 years after the item ceases to be supplied in Australia. Transitional arrangements (6) A supplier who, before the commencement day, established a publicly available register and told the ACMA the internet address for that register in accordance with the former exempt items register provision is taken to have complied with the requirement in subsection (1). (7) In this section:

commencement day means the day the Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2013 (No. 1) commences.

former exempt items register provision means section 2A.4 of the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001 as in force immediately before the commencement day.

Part 3—Form and placement of labels, marks and information

Simplified outline of Part 3

 Compliance labels must have certain characteristics (durability, size and position on the item).

 A compliance label may, in certain circumstances, be placed on the packaging of an item. This Part specifies requirements for the characteristics of such a label.

 If an item is non-compliant, statements about non‑compliance must be printed on the external surface of the packaging and also be incorporated into the documentation supplied.

 Labels may be applied electronically to customer equipment that has a built‑in display.

 Customer cabling and associated cabling equipment must also be marked with particular information.

 Equipment which may be installed or operated in a non‑compliant manner must be supplied with documentation to avoid such non‑compliance.

3.1 Compliance label

(1) Subject to Part 2A if: (a) an applicable standard, other than standard ACA TS 102‑1998 applies to an item; and (b) the item complies with the applicable standard; and (c) the documentation obligation referred to in subsection (1B) does not apply, the item must bear a compliance label. (1A) Subject to Part 2A if: (a) an applicable standard, other than standard ACA TS 102‑1998 applies to an item; and (b) the item complies with the applicable standard; and (c) the documentation obligation referred to in subsection (1B) applies, the item must bear a compliance label and, after the label has been applied to the item, the item may only be supplied if it is accompanied by documentation of the kind referred to in subsection (1B). (1B) For the purposes of this section the documentation obligation applies if it is appropriate that the item be supplied with documentation that sets out specifications for its correct installation and operation to minimise the possibility that the item will be used in a way that: (a) is inconsistent with the standards that apply to it; and (b) causes a risk to the safety of the public. (2) A compliance label consists of: (a) the RCM; or (b) if the label is applied before 1 March 2016—either of the compliance marks. (3) If: (a) standard ACA TS 102‑1998 applies to an item; and (b) the item complies with that standard; and (c) the documentation obligation referred to in subsection (1B) does not apply, the item must bear a label in the same form as the label that was required to be affixed to the item by the Austel Permit or Telecom Authorisation for the item. (4) If: (a) standard ACA TS 102‑1998 applies to an item; and (b) the item complies with that standard; and (c) the documentation obligation referred to in subsection (1B) applies, the item must bear a label in the same form as the label that was required to be affixed to the item by the Austel Permit or Telecom Authorisation for the item, and after the label has been applied to the item, the item may only be supplied if it is accompanied by documentation of the kind referred to in subsection (1B). (5) An item to which subsections (3) or (4) applies may also bear a compliance mark.

3.2 Statements of non‑compliance

(1) Subject to Part 2A, if an item does not meet the requirements of each applicable standard, or has not been tested against each applicable standard, the item must be accompanied by the statements set out in Parts 1 and 2 of Schedule 9. (2) The statement set out in Part 1 of Schedule 9 must be printed on the external surface of the packaging used for the item in capital letters at least 5 mm high. (3) The statement set out in Part 2 of Schedule 9 must be: (a) printed on the external surface of the packaging used for the item in letters of at least 12 point; and (b) incorporated into the documentation supplied with the item.

Note: If an item described in subsection 3.2(1) is also an item to which a notice made by the ACMA under section 182 of the Radiocommunications Act 1992 applies and the item meets the requirements of that notice and that notice requires the RCM be applied to the item, the RCM must be applied to the item in accordance with that notice.

3.3 Who must apply a compliance label to an item

(1) If an item is manufactured in Australia, the compliance label must be applied to the item 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 compliance labels on behalf of the manufacturer or agent. (2) If an item is manufactured outside Australia, the compliance label must be applied to the item 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 compliance labels on behalf of the importer or agent.

3.4 Durability of compliance labels

(1) A compliance label must be durable. (2) A compliance label must be applied to an item: (a) permanently; or (b) in a way that makes removal or obliteration difficult.

3.5 Size of compliance mark

A compliance mark must be at least 3 mm high.

Note: This Notice does not prevent a supplier from applying its own additional supplier identification details onto an item.

3.6 Placement of compliance labels on items

(1) Subject to subsections (3) and (4) and section 3.6A, a compliance label must be placed on an item on a place that is accessible by the user.

Note: Subsections (3) and (4) deal with situations where applying a compliance label to the surface of an item is not possible or practical. Section 3.6A gives a supplier the option of labelling some types of item electronically.

(2) A compliance label is not accessible if it is necessary to use a specialised tool to gain access to it. (3) For customer equipment, if it is not possible to apply a compliance label to the surface of the equipment because of the size or physical nature of the equipment, or it is not practical to apply a compliance label to the surface of the equipment, the label must be applied to: (a) the external surface of the packaging used for the equipment; and (b) the documentation (including any warranty or guarantee certificates) that accompanies the equipment when it is supplied to the user. (4) For customer cabling, if it is not possible to apply the compliance label to a surface of the cabling because of the size or physical nature of the cabling, or it is not practical to apply a label to the surface of the cabling, the label must be applied to the external surface of the packaging used for the cabling. (5) A compliance label applied to the external surface of the packaging used for an item must: (a) occupy an area that is greater than 1% of that external surface; and (b) be clearly visible. (6) The supplier of an item to which subsection (3) or (4) applies must make and keep a record of: (a) the reasons why subsection (3) or (4) applies to the item; and (b) where each compliance label is applied.

3.6A Electronic labelling

(1) A supplier may apply a compliance label to customer equipment using the built‑in display of the customer equipment. (2) The supplier must ensure that the documentation that accompanies the device when it is supplied to the user sets out a method for displaying the label. (3) The label must be applied to the device in a way that would make it difficult to prevent the display of the label when the method set out in the documentation is used. (4) Section 3.4 and subsections 3.6(1), (3) and (5) do not apply to a compliance label applied under this section.

3.7 Marking customer cabling

A supplier of customer cabling must ensure that there is displayed on the sheath of the cabling at regular intervals of not more than 2 metres: (a) a company name, trade name or trade mark; and (b) a part number, identification number, product name or part name.

Note: The company name, trade name or trade mark may be the name or mark of:

an Australian‑based manufacturer or importer; or
an overseas manufacturer; or
a vendor that buys the customer cabling from a manufacturer.

3.8 Marking associated cabling equipment

(1) This section applies in relation to associated cabling equipment to which standard ACA TS 102‑1998 applies. (2) The supplier must ensure that the following information is recorded on the equipment: (a) a company name, trade name or trade mark; (b) a part number, identification number, product name or part name; (c) if applicable, the international protection rating assessed in accordance with Australian Standard AS/NZS 1939; (d) if the equipment is designed so that it may be used in non‑telecommunications applications, markings that are: (i) distinguishable from other markings used on hazardous circuits; and (ii) readily visible when the equipment is installed.

Note: The company name, trade name or trade mark may be the name or mark of:

an Australian‑based manufacturer or importer; or
an overseas manufacturer; or
a vendor that buys the customer cabling from a manufacturer.

(3) The item must not include any markings of hazardous electrical services as defined in Australian Standard AS/NZS 3260.

Part 1—Preliminary

Simplified outline of Part 1

 Customer equipment is equipment that is used, or intended for use, on the customer side of the boundary of a telecommunications network.

 Customer cabling is a line that is used, or intended for use, on the customer side of the boundary of a telecommunications network.

 This Part defines general terms and acronyms used in this Notice, including the meaning and description of compliance records and items.

 This Notice applies to manufacturers, importers and their authorised agents of telecommunications customer equipment and customer cabling.

 If there is inconsistency between applicable standards, the supplier must choose which applicable standard to use and must prepare a statement including inconsistencies.

 Suppliers may comply with replacement standards before the expiry of older standards.

1.1 Name of Notice

This Notice is the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001.

1.2 Commencement

This Notice commences on gazettal.

1.3 Revocation

The following instruments are revoked:

• the Telecommunications Labelling (Customer Equipment and Cabling) Notice 1997
• the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice No. 2 of 1997 (Amendment No. 1 of 1998)
• the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice No. 2 of 1997 Amendment Notice 1998 (No. 2)
• the Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 1999 (No. 1)
• the Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2000 (No. 1)
• the Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2000 (No. 2).

1.4 Definitions

(1) In this Notice, unless the contrary intention appears:

accreditation body means a specified person or association that is determined by ACMA, under subsection 409(1) of the Act, to be an accreditation body for section 409 of the Act.

Act means the Telecommunications Act 1997.

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 21 of the Act.

applicable standard, for an item that is mentioned in column 2 of the tables in Part 2 of Schedule 1, means:

(a) a standard that:
(i) is mentioned in column 3 of the tables in that Part; and
(ii) applies to the item; or
(b) if a part of a standard that is mentioned in column 3 of the tables in Part 2 of Schedule 1 applies to the item, that part of the standard; or
(c) if a standard mentioned in column 3 of the tables in Part 2 has been amended, and subsection 6.1 (3) does not apply to the item, the standard as amended;

and includes a standard that has been revoked.

approving body means a specified person or association that is determined by ACMA, under subsection 410(1) of the Act, to be an approving body for section 410 of the Act.

associated cabling equipment means customer equipment that is mentioned in the Certified Components List that was maintained by AUSTEL as at 30 June 1997.

A-Tick mark means the mark set out in Part 2 of Schedule 3.

AUSTEL means the body corporate that continued in existence by force of section 34 of the Telecommunications Act 1991.

AUSTEL permit means a permit that was issued by AUSTEL under:

(a) section 118 of the Telecommunications Act 1989; or
(b) section 258 of the Telecommunications Act 1991.

authorised officer means:

(a) an inspector under subsection 533(1) of the Act; or
(b) a person authorised by the ACMA for this Notice.

built‑in display, for customer equipment, means an electronic display or screen integral to the customer equipment, and does not include a display or screen that can be used independently of the customer equipment.

CB Testing Laboratory has the same meaning as in the IECEE CB Rules of Procedure.

certification body means a specified person or association that is determined by an approving body, under subsection 410(2) of the Act, to be a certification body for Division 7 of Part 21 of the Act.

competent body means a specified person or association that is determined by an accreditation body, under subsection 409(3) of the Act, to be a competent body for Division 7 of Part 21 of the Act.

compliance label means a label that must be applied to an item in accordance with section 3.1.

compliance level, for an applicable standard, means a compliance level mentioned in Division 4.2.

compliance mark means the A-Tick mark or the RCM.

compliance records, for an item, means the records mentioned in section 1.5.

declaration of conformity means a declaration that:

(a) for equipment other than disability customer equipment:
(i) is in a form approved by the ACMA for equipment other than disability customer equipment; or
(ii) contains the information required in that approved form, whether or not the declaration is accompanied by other material; and
(b) for disability customer equipment:
(i) is in a form approved by the ACMA for disability customer equipment; or
(ii) contains the information required in that approved form, whether or not the declaration is accompanied by other material.

Note: The ACMA makes approved forms available on its website at www.acma.gov.au/complianceforms.

description of the item has the meaning given by section 1.6.

disability has the meaning given by section 4 of the Disability Discrimination Act 1992.

disability customer equipment means customer equipment that:

(a) is for use by a person with a disability; and
(b) has at least 1 feature:
(i) that is designed to assist a person with a disability to access a service supplied over the analogue public switched telephone network; and
(ii) that is not a feature mentioned in the Telecommunications Disability Standard (Requirements for Customer Equipment for use with the Standard Telephone Service—Features for special needs of persons with disabilities—AS/ACIF S040) 2002; and
(c) can connect only to the analogue public switched telephone network.

disability representative body means a body that:

(a) represents a group of persons with a disability; and
(b) is funded by the department administered by the Minister with administrative responsibility for family and community services; and
(c) is listed on ACMA website as a disability representative body.

endorsed test report means a test report for an item that shows the endorsement or mark of:

(a) an accreditation body; or
(b) a body with which an accreditation body has an agreement for the mutual recognition of test reports.

Note: Example of endorsement or mark

Note: The trade mark of National Association of Testing Authorities, Australia (NATA).

exempt item has the meaning given by section 2A.1.

Grant of Equipment Authorisation means a written authorisation issued by the FCC or by a Telecommunications Certification Body on behalf of the FCC in accordance with the Grant of Equipment Authorisation procedures prescribed in 47 CFR 2 of the Code of Federal Regulations of the United States of America, as in force from time to time.

IECEE CB Rules of Procedure means the Rules of Procedure of the IECEE Certification Body (CB) Scheme contained in the publication ‘IECEE 02—Scheme of the IECEE for Mutual Recognition of Test Certificates for Electrotechnical Equipment and Components (CB Scheme)—Rules of Procedure’ published by the IEC and as in force from time to time.

Note: The IECEE CB Scheme and the Rules of Procedure for the Scheme can be accessed through the following website: http://www.iecee.org/cbscheme/default.htm.

IECEE CB Test Certificate means a certificate issued by an Issuing and Recognising National Certification Body in accordance with the IECEE CB Rules of Procedure.

IECEE CB Test Report means a test report issued by a CB Testing Laboratory, in accordance with the IECEE CB Rules of Procedure, which accompanies the IECEE CB Test Certificate.

IECEE Certification Body (CB) Scheme means the ‘IECEE CB Scheme for Mutual Recognition of Test Certificates for Electrotechnical Equipment and Components (CB Scheme)’ established by the IEC.

importer, in relation to an item that was manufactured outside Australia, means a person who imports the item into Australia.

IMT‑2000 has the same meaning as in the Telecommunications Technical Standard (Requirements for Connection to an Air Interface of a Telecommunications Network—Part 4: IMT‑2000 Customer Equipment—AS/CA S042.4:2010) 2011.

Issuing and Recognising National Certification Body means an ‘Issuing and Recognizing National Certification Body’ as defined in the IECEE CB Rules of Procedure.

item means an item of customer equipment or customer cabling, and includes a modified item or an exempt item.

Note: Customer equipment is defined in section 21 of the Act and customer cabling is defined in section 20 of the Act.

manufacturer, in relation to an item, means a person who:

(a) manufactures the item in Australia; or
(b) modifies the item in Australia (whether or not the item was manufactured in Australia).

metallic local loop, in relation to a carrier’s network, means a metallic twisted pair communications wire that provides connectivity between equipment in the network and a customer’s premises.

modified item means an item that:

(a) met the requirements of:
(i) each applicable standard for the item; or
(ii) if relevant, standard ACA TS 102‑1998—
at a particular time; and
(b) has since been modified.

national database means a database designated in writing by the ACMA for the purposes of Division 4.1A.

Note: A database may be designated by the ACMA for the purposes of Division 4.1A even if it forms part of another database or also serves purposes other than purposes provided for in this Notice.

Notified Body means a body that has been designated by a member state of the European Union, and notified to the European Commission, to assess whether equipment meets the R&TTE Directive.

Notified Body Expert Opinion means a written statement by a Notified Body issued in accordance with the conformity assessment procedures described in Annex IV to the R&TTE Directive.

Public Mobile Telecommunications Service has the meaning given by section 32 of the Act.

recognised testing authority means a specified person that is determined by an accreditation body, under subsection 409(2) of the Act, to be a recognised testing authority for Division 7 of Part 21 of the Act.

RCM means the Regulatory Compliance Mark set out in Part 1 of Schedule 3.

R&TTE Directive means the ‘Directive 1999/5/EC of the European Parliament and the Council of the European Union of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity’, as in force from time to time.

supplementary compliance document means a document mentioned in column 2 of Table 7.1 in Schedule 7.

Supplier, in relation to an item, means:

(a) the manufacturer or importer of the item; or
(b) an agent of the manufacturer or importer of the item.

supplier code number means a code number issued to a person:

(a) in accordance with a notice made by the ACMA under section 407 of the Act; or
(b) in accordance with a notice made by the ACMA under section 182 of the Radiocommunications Act 1992; or
(c) by Standards Australia International Limited under AS/NZS 4417.

supply includes supply (including re‑supply) by way of sale, exchange, lease, hire or hire‑purchase.

Telecom Authorisation means an authorisation of the type described in section 126 of the Telecommunications Act 1989 immediately before the repeal of that Act.

Telecommunications Certification Body means a body designated by the FCC to approve equipment and issue Grant of Equipment Authorisations.

test report, for an item, means a report in English that shows the results of a test of a sample of the item.

working day, for a place, means a day that is not:

(a) a Saturday or a Sunday; or
(b) a public holiday, or an Australian Public Service holiday, in the place.

(2) In this Notice, a reference to an action taken under this Notice by ACMA includes an action taken under this Notice by the former Australian Communications Authority before 1 July 2005.

Note: The Act defines ACMA to mean the Australian Communications and Media Authority. ACMA came into existence on 1 July 2005.

1.4A Acronyms

In this Notice, a reference to an acronym mentioned in column 1 of the following table is a reference to the term mentioned in column 2 of the table.

1.5 Meaning of compliance records

(1) The compliance records for a kind of item are: (a) the description of the item; and (b) a declaration of conformity, test report, endorsed test report or other document obtained by the supplier of the item under Part 4; and (c) any additional document required by this section.

Note: Section 25 of the Acts Interpretation Act 1901 defines document to include:

(a) any paper or other material on which there is writing; and
(b) any paper or other material on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; and
(c) any article or material from which sounds, images or writings are capable of being reproduced with or without the aid of any other article or device.

(2) If the item is a modified item, the compliance records include the statement about the item prepared under subsection 4.7(2). (3) If section 1.7 applies to the item, the compliance records include the statement about the item prepared under paragraph 1.7(2)(b). (4) If the item is an exempt item, the compliance records include the entry in relation to the item on the register mentioned in section 2A.4. (5) If the item is an item of disability customer equipment, the compliance records include a written statement from a disability representative body to the effect that the equipment has a feature that will assist a person with a disability to access a service supplied over the analogue public switched telephone network. (6) If subsection 4.9(1) applies to the item, the compliance records include the written permission obtained by the supplier and mentioned in paragraph 4.9(2)(a). (7) If a compliance label is not applied to the item because of subsection 3.6(3) or (4), the compliance records include the records mentioned in subsection 3.6(6).

1.6 Meaning of description of the item

For the purposes of this Notice, a description of the item must include the following information: (a) the current model number for the item and, if relevant, any related model numbers for the item; (b) a photograph, or photographs, of the item showing the item’s internal and external aspects (including the printed circuit boards); (c) if the item incorporates software—the version of the software; (d) if it is intended to apply a compliance label to the item, or if it is an exempt item—sufficient information for a person to determine whether the item is the same as an item for which: (i) a declaration of conformity, test report, endorsed test report or statement by a competent body or certification body was prepared; or (ii) an Austel permit, or a Telecom Authorisation, was granted before 1 July 1997;

Note: Example for paragraph (d)

Note: Information that includes a block diagram of the item.

(e) if the item is an item of disability customer equipment, a description of each feature of the equipment that is designed to assist a person with a disability to access a service supplied over the analogue public switched telephone network.

1.7 Inconsistency between applicable standards

(1) This section applies if: (a) a kind of item meets the requirements of more than 1 applicable standard; but (b) the applicable standards are inconsistent with each other. (2) The supplier of the item must: (a) choose the standard that the supplier will use as the applicable standard; and (b) prepare a statement that: (i) sets out which provisions of the standards are inconsistent; and (ii) identifies the standard that the supplier has chosen as the applicable standard; and (c) keep the statement as part of the compliance records for the kind of item. (3) After the supplier prepares the statement: (a) the standard chosen by the supplier is taken to be an applicable standard for the kind of item; and (b) the standard with which that standard is inconsistent is taken not to be an applicable standard for the kind of item. (4) The supplier is not permitted to revoke or change the choice of a standard while the chosen standard is in force.

1.8 Compliance with replacement standard before expiry of old standard

(1) This section applies in relation to an item mentioned in a category in Part 2 of Schedule 1 if: (a) a technical standard (the old standard) mentioned in column 3 of that category has an expiry date listed for that standard in column 3 of Table 1.1 in Schedule 1; and (b) another technical standard (the replacement standard) mentioned in column 3 of that category is a replacement standard for the old standard; and (c) at the time when the item was first manufactured or imported, both the old standard and the replacement standard would, apart from this section, have been applicable standards for the item.

Note 1: Under subclause 1(3) of Part 1 of Schedule 1, if an expiry date for an old standard has passed, a reference to that standard in Part 2 is to be ignored so that the old standard is no longer applicable for the item.

Note 2: To find out if a technical standard has been replaced by a replacement standard, consult the table of technical standards in Part 1 of Schedule 1.

(2) The supplier of the item must ensure that the item complies with either the old standard or the replacement standard. (3) If the item complies with the old standard, the supplier may, at any time while the replacement standard is in force, have the item tested against the replacement standard for compliance with that standard. (4) If the supplier has the item tested against the replacement standard under subsection (3), the supplier must complete a new declaration of conformity showing that the item complies with the replacement standard. (5) Whichever standard the item complies with is taken to be the applicable standard for the item when it was first manufactured or imported, and the other standard is taken not to be the applicable standard for the item at that time.

Part 2—Application of this Notice

Simplified outline of Part 2

 This Part specifies the kind of items to which this Notice applies (only those items listed in Schedule 1 are subject to the telecommunications regulatory arrangements).

2.1 Items to which this Notice applies

This Notice applies to an item of a kind: (a) that is mentioned in column 2 of the tables in Part 2 of Schedule 1; and (b) to which an applicable standard applies.

Note: The item may have been manufactured or imported.

2.2 Items to which this Notice does not apply

This Notice does not apply to an item of a kind mentioned in Schedule 2.

Part 2A—Exemption from compliance labelling for certain items

Simplified outline of Part 2A

 Some items are exempt items and may be exempt from compliance labeling but not from the requirement to meet applicable standards or, for the suppliers of those items, the requirement to maintain compliance records.

 Suppliers must give ACMA notice of intention not to label certain exempt items.

 A supplier must maintain a publicly available register of all exempt items on the internet. This Part specifies the form and information content of the register.

2A.1 Exempt items

An item is an exempt item if: (a) it complies with any of ACA TS008‑1997, AS/ACIF S008‑2001, AS/ACIF S008‑2006 or AS/CA S008‑2011; and (b) it may be installed only by a person mentioned in subsection 420(1) of the Act.

2A.2 Exemption from compliance labelling

Despite section 3.1, an exempt item is not required to bear a compliance label if the supplier of the item: (a) has complied with the requirements set out in section 2A.3; and (b) has established a register in accordance with section 2A.4; and (c) has listed the exempt item on the register; and (d) complies with the requirements mentioned in Part 5.

Note: An exempt item must bear a compliance label in accordance with section 3.1 if the supplier has not complied with this section.

2A.3 Supply of exempt items without a compliance label

(1) A supplier must, before supplying an exempt item without a compliance label, give the ACMA a written notice that it will be a supplier of exempt items that do not bear a compliance label and: (a) be registered on the national database in accordance with section 4.2A; or (b) if the ACMA has not designated in writing a national database for the purposes of Division 4.1A—have obtained a supplier code number from the ACMA. (2) A supplier is only required to give the ACMA one written notice under subsection (1) even if the supplier supplies more than one type of exempt item without a compliance label. (3) The written notice of intention must be in a form approved by the ACMA.

Note: The ACMA makes approved forms available on its website.

Transitional arrangements (4) A supplier who, before the commencement day, gave the ACMA a written notice in relation to an exempt item under the former notice provision is taken to have complied with the requirement in subsection (1) to give the ACMA a written notice. (5) In this section:

commencement day means the day the Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2013 (No. 1) commences.

former notice provision means paragraph 2A.3(1)(a) of the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001 as in force immediately before the commencement day.

2A.4 Register of exempt items that do not bear a compliance label

(1) A supplier must, before supplying an exempt item without a compliance label: (a) establish on the internet a publicly available register that: (i) states the name of the supplier; and (ii) lists each of the exempt items that do not bear a compliance label; and (iii) includes, for each exempt item listed on the register, the information mentioned in subsection (2); and (b) tell ACMA the internet address for the register. (2) For subparagraph (1)(a)(iii), the information is: (a) for an item of customer cabling: (i) the information mentioned in paragraphs 3.7(a) and (b); and (ii) the number of pairs within the item of cabling; and (b) for an item of associated customer equipment, the information mentioned in paragraphs 3.8(2)(a) and (b). (3) An entry for an item on a register for subsection (1) may also include other information that may help to identify the item. (4) A register for subsection (1) must: (a) include only exempt items that do not bear a compliance label; and (b) list the exempt items in groups of like items, according to: (i) the technical characteristics of the item; or (ii) the function of the item; or (iii) the purposes for which the item is used, or for which it is intended that the item be used; or (iv) the location of the item; and (c) be separated from any other lists of products. (5) A supplier must ensure that an entry for an item on a register for subsection (1) remains on the register for at least 5 years after the item ceases to be supplied in Australia. Transitional arrangements (6) A supplier who, before the commencement day, established a publicly available register and told the ACMA the internet address for that register in accordance with the former exempt items register provision is taken to have complied with the requirement in subsection (1). (7) In this section:

commencement day means the day the Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2013 (No. 1) commences.

former exempt items register provision means section 2A.4 of the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001 as in force immediately before the commencement day.

Part 3—Form and placement of labels, marks and information

Simplified outline of Part 3

 Compliance labels must have certain characteristics (durability, size and position on the item).

 A compliance label may, in certain circumstances, be placed on the packaging of an item. This Part specifies requirements for the characteristics of such a label.

 If an item is non-compliant, statements about non‑compliance must be printed on the external surface of the packaging and also be incorporated into the documentation supplied.

 Labels may be applied electronically to customer equipment that has a built‑in display.

 Customer cabling and associated cabling equipment must also be marked with particular information.

 Equipment which may be installed or operated in a non‑compliant manner must be supplied with documentation to avoid such non‑compliance.

3.1 Compliance label

(1) Subject to Part 2A if: (a) an applicable standard, other than standard ACA TS 102‑1998 applies to an item; and (b) the item complies with the applicable standard; and (c) the documentation obligation referred to in subsection (1B) does not apply, the item must bear a compliance label. (1A) Subject to Part 2A if: (a) an applicable standard, other than standard ACA TS 102‑1998 applies to an item; and (b) the item complies with the applicable standard; and (c) the documentation obligation referred to in subsection (1B) applies, the item must bear a compliance label and, after the label has been applied to the item, the item may only be supplied if it is accompanied by documentation of the kind referred to in subsection (1B). (1B) For the purposes of this section the documentation obligation applies if it is appropriate that the item be supplied with documentation that sets out specifications for its correct installation and operation to minimise the possibility that the item will be used in a way that: (a) is inconsistent with the standards that apply to it; and (b) causes a risk to the safety of the public. (2) A compliance label consists of: (a) the RCM; or (b) if the label is applied before 1 March 2016—either of the compliance marks. (3) If: (a) standard ACA TS 102‑1998 applies to an item; and (b) the item complies with that standard; and (c) the documentation obligation referred to in subsection (1B) does not apply, the item must bear a label in the same form as the label that was required to be affixed to the item by the Austel Permit or Telecom Authorisation for the item. (4) If: (a) standard ACA TS 102‑1998 applies to an item; and (b) the item complies with that standard; and (c) the documentation obligation referred to in subsection (1B) applies, the item must bear a label in the same form as the label that was required to be affixed to the item by the Austel Permit or Telecom Authorisation for the item, and after the label has been applied to the item, the item may only be supplied if it is accompanied by documentation of the kind referred to in subsection (1B). (5) An item to which subsections (3) or (4) applies may also bear a compliance mark.

3.2 Statements of non‑compliance

(1) Subject to Part 2A, if an item does not meet the requirements of each applicable standard, or has not been tested against each applicable standard, the item must be accompanied by the statements set out in Parts 1 and 2 of Schedule 9. (2) The statement set out in Part 1 of Schedule 9 must be printed on the external surface of the packaging used for the item in capital letters at least 5 mm high. (3) The statement set out in Part 2 of Schedule 9 must be: (a) printed on the external surface of the packaging used for the item in letters of at least 12 point; and (b) incorporated into the documentation supplied with the item.

Note: If an item described in subsection 3.2(1) is also an item to which a notice made by the ACMA under section 182 of the Radiocommunications Act 1992 applies and the item meets the requirements of that notice and that notice requires the RCM be applied to the item, the RCM must be applied to the item in accordance with that notice.

3.3 Who must apply a compliance label to an item

(1) If an item is manufactured in Australia, the compliance label must be applied to the item 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 compliance labels on behalf of the manufacturer or agent. (2) If an item is manufactured outside Australia, the compliance label must be applied to the item 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 compliance labels on behalf of the importer or agent.

3.4 Durability of compliance labels

(1) A compliance label must be durable. (2) A compliance label must be applied to an item: (a) permanently; or (b) in a way that makes removal or obliteration difficult.

3.5 Size of compliance mark

A compliance mark must be at least 3 mm high.

Note: This Notice does not prevent a supplier from applying its own additional supplier identification details onto an item.

3.6 Placement of compliance labels on items

(1) Subject to subsections (3) and (4) and section 3.6A, a compliance label must be placed on an item on a place that is accessible by the user.

Note: Subsections (3) and (4) deal with situations where applying a compliance label to the surface of an item is not possible or practical. Section 3.6A gives a supplier the option of labelling some types of item electronically.

(2) A compliance label is not accessible if it is necessary to use a specialised tool to gain access to it. (3) For customer equipment, if it is not possible to apply a compliance label to the surface of the equipment because of the size or physical nature of the equipment, or it is not practical to apply a compliance label to the surface of the equipment, the label must be applied to: (a) the external surface of the packaging used for the equipment; and (b) the documentation (including any warranty or guarantee certificates) that accompanies the equipment when it is supplied to the user. (4) For customer cabling, if it is not possible to apply the compliance label to a surface of the cabling because of the size or physical nature of the cabling, or it is not practical to apply a label to the surface of the cabling, the label must be applied to the external surface of the packaging used for the cabling. (5) A compliance label applied to the external surface of the packaging used for an item must: (a) occupy an area that is greater than 1% of that external surface; and (b) be clearly visible. (6) The supplier of an item to which subsection (3) or (4) applies must make and keep a record of: (a) the reasons why subsection (3) or (4) applies to the item; and (b) where each compliance label is applied.

3.6A Electronic labelling

(1) A supplier may apply a compliance label to customer equipment using the built‑in display of the customer equipment. (2) The supplier must ensure that the documentation that accompanies the device when it is supplied to the user sets out a method for displaying the label. (3) The label must be applied to the device in a way that would make it difficult to prevent the display of the label when the method set out in the documentation is used. (4) Section 3.4 and subsections 3.6(1), (3) and (5) do not apply to a compliance label applied under this section.

3.7 Marking customer cabling

A supplier of customer cabling must ensure that there is displayed on the sheath of the cabling at regular intervals of not more than 2 metres: (a) a company name, trade name or trade mark; and (b) a part number, identification number, product name or part name.

Note: The company name, trade name or trade mark may be the name or mark of:

an Australian‑based manufacturer or importer; or
an overseas manufacturer; or
a vendor that buys the customer cabling from a manufacturer.

3.8 Marking associated cabling equipment

(1) This section applies in relation to associated cabling equipment to which standard ACA TS 102‑1998 applies. (2) The supplier must ensure that the following information is recorded on the equipment: (a) a company name, trade name or trade mark; (b) a part number, identification number, product name or part name; (c) if applicable, the international protection rating assessed in accordance with Australian Standard AS/NZS 1939; (d) if the equipment is designed so that it may be used in non‑telecommunications applications, markings that are: (i) distinguishable from other markings used on hazardous circuits; and (ii) readily visible when the equipment is installed.

Note: The company name, trade name or trade mark may be the name or mark of:

an Australian‑based manufacturer or importer; or
an overseas manufacturer; or
a vendor that buys the customer cabling from a manufacturer.

(3) The item must not include any markings of hazardous electrical services as defined in Australian Standard AS/NZS 3260.

Part 4—Compliance levels

Division 4.1—General

View image in the official source

Simplified outline of Part 4

• Before applying a compliance label to an item, a supplier must:
  • be registered on the national database;
  • if a national database has not been designated by the ACMA—have been issued a supplier code number.
• Suppliers must meet the requirements (including keeping compliance records) of the compliance level for an applicable standard that is selected for an item.
• There are additional requirements imposed on suppliers of modified items, disability customer equipment and customer equipment used in the supply of public mobile telecommunications service.

4.1 Application of Part 4

(1) This Part applies in relation to an item to which a compliance label is to be applied. (2) Divisions 4.2 and 4.3 also apply to an exempt item to which a compliance label will not be applied.

Division 4.1A—Registration on national database and issue of supplier code numbers

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

A supplier must, before a compliance label consisting of the RCM is applied to an item, either: (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.

4.2A 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:

ABN has the same meaning as in the A New Tax System (Australian Business Number) Act 1999.

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
(b) if the supplier is an entity that is neither an individual nor a corporation for the purposes of the Corporations Act 2001, an officer of that entity as defined in section 9 of the Corporations Act 2001.

Note 1: The requirement for a supplier to update the information provided by it for inclusion in the national database imposed under subsection 4.2A(3) is an ongoing requirement. Under section 187A of the Act, a supplier that fails to comply with a specific requirement that must be met after a label has been applied to an item may be subject to a pecuniary penalty.

Note 2: Information provided by a supplier for inclusion on the national database for the purposes of this Notice will be made publicly available.

4.2B Use of A-Tick mark

Before a supplier applies a compliance label consisting of the A-Tick mark to an item, the supplier must have been issued a supplier code number by the ACMA.

4.2C Issue of a supplier code number

(1) This section applies unless the ACMA has designated in writing a national database for the purposes of Part 4. (2) A supplier may apply in writing to the ACMA for a supplier code number. (3) The application must be in a form approved by the ACMA.

Note: The ACMA makes approved forms available on its website.

(4) Upon such application being made, the ACMA may issue to the supplier a supplier code number.

Division 4.2—Compliance levels

4.3 Meeting compliance levels

(1) Before an item of a kind mentioned in a category in Part 2 of Schedule 1 is connected to a network or facility, or is supplied, the supplier must: (a) prepare a description of the item; and (b) complete and sign a declaration of conformity in relation to the item; and (c) for each applicable standard for the item—meet the requirements for the compliance level for the applicable standard.

Note 1: These records are to be kept, and made available, in accordance with Part 5.

Note 2: If the item is a modified item, Division 4.3 also applies.

Note 3: ACMA recommends that the requirements of this section be met before a compliance label is applied to the item.

Note 4: See Part 6 for special requirements when there is a change in the applicable standards for an item or in the compliance levels for the standards.

(2) In this section:

requirements, for the compliance level for an applicable standard mentioned in column 3 of a category in a table in Part 2 of Schedule 1, means the requirements:

(a) set out in sections 4.4, 4.5 and 4.6; and
(b) explained in the instruction notes for the applicable standard referred to in column 5 of that category.

4.4 Compliance level 1

There are no requirements if the compliance level for an applicable standard is compliance level 1.

4.5 Compliance level 2

(1) If the compliance level for an applicable standard is compliance level 2, the supplier must have enough of the information mentioned in subsection (2) to show that the item meets the requirements of the applicable standard.

Note: If the information in the compliance record is adequate to demonstrate that the item meets the requirements of an applicable standard, the information may be a single document from the list in subsection (2) or a combination of documents.

(2) The information is: (a) a test report about one or more requirements of the applicable standard; and (b) a written statement by a certification body about one or more requirements of the applicable standard; and (c) if it is impracticable to test the item because of its size, location or nature—a written statement by a competent body certifying that reasonable efforts have been made to avoid a contravention of the applicable standard; and (d) one or more of the supplementary compliance documents that is relevant to the applicable standard, supported by: (i) a test report stating that the item meets any requirements in the applicable standard that differ from the requirements in the standard, or the part of the standard, under which the supplementary compliance document was given; or (ii) a written statement by a certification body to the same effect as subparagraph (i); or (iii) if it is impracticable to test the item because of its size, location or nature—a written statement by a competent body to that effect. (3) For the purposes of paragraph (2)(d), a supplementary compliance document is relevant to the applicable standard if it is mentioned in column 2 of Table 7.1 adjacent to the applicable standard mentioned in column 1 of that Table.

4.6 Compliance level 3

(1) If the compliance level for an applicable standard is compliance level 3, the supplier must have enough of the information mentioned in subsection (2) to show that the item meets the requirements of the applicable standard.

Note 1: If the information in the compliance record is adequate to demonstrate that the item meets the requirements of an applicable standard, the information may be a single document from the list in subsection (2) or a combination of documents.

Note 2: The difference between compliance levels 2 and 3 is that all test reports for compliance level 3 must be obtained from a recognised testing authority.

(2) The information is: (a) an endorsed test report by a recognised testing authority about one or more requirements of the applicable standard; and (b) a written statement by a certification body about one or more requirements of the applicable standard; and (c) if it is impracticable to test the item because of its size, location or nature—a written statement by a competent body certifying that reasonable efforts have been made to avoid a contravention of the applicable standard; and (d) one or more of the supplementary compliance documents that is relevant to the applicable standard, supported by: (i) an endorsed test report by a recognised testing authority stating that the item meets any requirements in the applicable standard that differ from the requirements in the standard, or the part of the standard, under which the supplementary compliance document was given; or (ii) a written statement by a certification body to the same effect as subparagraph (i); or (iii) if it is impracticable to test the item because of its size, location or nature—a written statement by a competent body to that effect. (3) For the purposes of paragraph (2)(d), a supplementary compliance document is relevant to the applicable standard if it is mentioned in column 2 of Table 7.1 adjacent to the applicable standard mentioned in column 1 of that Table.

Division 4.3—Additional requirements for modified items

4.7 Modified items

(1) This section applies in relation to a modified item. (2) The supplier must prepare a written statement: (a) identifying the modified item; and (b) identifying the modification; and (c) describing the difference between the modified item and the unmodified item. (3) The supplier must ensure that the modified item is tested against each applicable standard relevant to the modification.

Note: A supplier should consult a recognised testing authority or a certification body if unsure about which provisions of an applicable standard are relevant to the modification.

(4) The supplier must not apply a compliance label to the modified item unless the item meets the requirements of each applicable standard against which it is tested. (5) The supplier must complete a separate declaration of conformity for the modified item: (a) showing the standards against which the unmodified item was tested; and (b) the requirements in standards against which the modified item was tested in compliance with subsection (3). (6) The supplier must keep a record of the results of each test carried out for subsection (3).

Division 4.4—Additional requirements for disability customer equipment

4.8 Labelling disability customer equipment

(1) This section applies in relation to disability customer equipment. (2) The supplier must complete a declaration of conformity that: (a) is in a form approved by the ACMA for disability customer equipment; or (b) contains the information required in that approved form, whether or not the declaration is accompanied by other material.

Note: The ACMA makes approved forms available on its website at www.acma.gov.au/complianceforms.

(3) The supplier must submit a copy of the declaration of conformity to the ACMA.

Division 4.5—Requirements for certain customer equipment used in the supply of a public mobile telecommunications service

4.9 Carrier permission and record keeping

(1) This section applies in relation to an item of customer equipment that satisfies all of the following: (a) the item is to be connected to a carrier network or facility; (b) the item is mentioned in Category A53 in Part 2 of Schedule 1; and (c) the item is not mentioned in Categories A23, A24, A39 or A55 in Part 2 of Schedule 1. (2) The supplier of the item must: (a) obtain written permission from the manager of the carrier network or facility for the item to be connected to the carrier network or facility; and (b) keep the written permission as a compliance record for the item.

4.9A Alternative requirement to compliance with AS/CA S042.4‑2011 for certain mobile equipment to which IMT‑2000 applies

(1) This section applies in relation to an item of customer equipment if all of the following circumstances exist: (a) the item is to be connected to a carrier network or facility; (b) the item is mentioned in Category A55 in Part 2 of Schedule 1; (c) the supplier of the item obtained written permission on or before 30 April 2012 from the manager of the carrier network or facility for the item to be connected to the carrier network or facility; and (d) the supplier of the item keeps the written permission as a compliance record for the item. (2) The item is not required to comply with AS/CA S042.4‑2011.

Part 5—Compliance records

Simplified outline of Part 5

 Suppliers must keep compliance records for certain items.

 Suppliers must make compliance records available for inspection by ACMA or an authorised officer within prescribed timeframes.

 Authorised officers may require a supplier to provide items to a recognised testing authority for testing.

 An authorised officer may require a supplier to produce additional test reports or certification body statements for an item within the prescribed timeframe.

5.1 Compliance records—general requirements

(1) Compliance records for a kind of item: (a) must be in English; and (b) may be a certified reproduction of an original record.

Note: Compliance records are described in section 1.5.

(2) The description of an item must be updated when necessary to comply with section 1.6. (3) If an agent of a manufacturer or importer keeps compliance records for the manufacturer or importer under this Part, the agent must also keep a copy of its agency agreement with the manufacturer or importer for the same period as the compliance records are kept.

5.2 Keeping records for items to which a compliance label is applied

(1) This section applies to the supplier of: (a) an item to which a compliance label is applied; or (b) an exempt item to which a compliance label is not applied. (2) The supplier must keep the following records for the item for 5 years after the kind of item ceases to be supplied in Australia: (a) the compliance records for the kind of item; (b) any documentation supplied with the item that sets out specifications for the correct installation and operation of the item.

Note: Compliance records are described in section 1.5.

(3) If standard ACA TS 102‑1998 applies to the item, the supplier must also comply with the requirements set out in Schedule 8.

Note: The supplier must also comply with other requirements of this Notice relating to records, for example, subsections 6.1(4) and (5).

5.3 Availability of compliance records for inspection

The supplier of an item must ensure that the compliance records for the item are available for inspection by ACMA at the supplier’s street address, in Australia, registered with ACMA.

5.4 Provision of information to authorised officer

(1) An authorised officer may, in writing, require the supplier of an item to give the officer specified information in relation to the item. (2) If the request is for a specified document, the supplier must produce the document within 10 working days after the day specified in the request. (3) If the request is for a specified circuit diagram or manual, or a copy of the diagram or manual, the supplier must produce the document within 30 working days after the day specified in the request. (4) After receiving the information from the supplier, the authorised officer must give the supplier a receipt for the information. (5) The authorised officer must return the document to the supplier as soon as practicable and, in any case, not more than 60 days after receiving the document.

5.5 Testing of items by recognised testing authority

(1) An authorised officer may, in writing, require the supplier of an item to give up to 3 samples of the item to a recognised testing authority for testing whether the item complies with an applicable standard. (2) The supplier must: (a) comply with the request within 10 working days after the day specified in the request; and (b) attempt to obtain from the recognised testing authority a receipt that specifies the samples received and the date when they were received. (3) On receiving a request from ACMA, the supplier must: (a) give the receipt to ACMA; or (b) if the supplier was unable to obtain a receipt—satisfy ACMA that the supplier made reasonable attempts to obtain a receipt. (4) ACMA must make arrangements to ensure that samples are returned to the supplier within a reasonable period after the samples are tested.

5.6 Request for test report or statement

(1) If an authorised officer believes that records kept by the supplier of an item do not provide sufficient evidence that the item complies with each applicable standard, the officer may, in writing, require the supplier to give the officer: (a) an endorsed test report from a recognised testing authority stating that the item complies with each applicable standard; or (b) a written statement from a certification body certifying that the item complies with one or more requirements in an applicable standard. (2) The supplier must comply with the request within 30 working days after the day specified in the request.

Part 6—Special requirements for changes to applicable standards or compliance levels

Simplified outline of Part 6

 Arrangements exist so that equipment may continue to be supplied following a change to an applicable standard, such as a new or amended standard or a change to a compliance level.

6.1 Change to applicable standards

(1) This section applies if: (a) an item was first manufactured or imported on or after 1 July 1997; and (b) the item complied with each applicable standard; and (c) the label that was applied to the item shows that the item complied with the applicable standards when it was first manufactured or imported; and (d) the supplier has complied with Division 4.2 in relation to the applicable standards mentioned in paragraph (c). (2) This section also applies to an exempt item if: (a) the item does not bear a compliance label; and (b) the item was first manufactured or imported on or after 1 July 1997; and (c) the item complied with each applicable standard; and (d) the supplier has complied with Division 4.2 in relation to the applicable standards mentioned in paragraph (c). (3) If an applicable standard is amended, or a standard (the new standard) becomes an applicable standard, on or after the day on which the item was first manufactured or imported, the supplier: (a) is not required to demonstrate whether the item complies with the applicable standard as amended or with the new standard; and (b) is taken to have complied with Division 4.2 in relation to the applicable standard as amended and in relation to the new standard; and (c) is taken to have complied with Part 3 in relation to the item and may continue to apply the compliance label to the item. (4) Subsection (3) does not apply if: (a) the applicable standard is standard AS/ACIF S006‑2001 or standard AS/ACIF S043.2‑2006; and (b) the item complies with any of the provisions mentioned in Schedule 6; and (c) the supplier is not permitted to claim that the item is taken to comply with standard AS/ACIF S006‑2001 or standard AS/ACIF S043.2‑2006 without the need for demonstration. (5) Subsection (3) does not apply if the applicable standard is ACA TS 034‑1997 and, therefore, a supplier must comply with ACA TS 034‑1997 as in force from time to time.

6.2 Change to compliance levels

(1) This section applies to the supplier of an item if the supplier has complied with Division 4.2 in relation to the applicable standards for the item at the compliance levels specified for those standards when the item was first manufactured or imported. (2) If the compliance level for any of those standards changes on or after the day on which the item was first manufactured or imported, the supplier: (a) is not required to obtain additional information to show that the item meets the requirements of the applicable standard; and (b) is taken to have complied with Division 4.2 in relation to that standard at the new compliance level.

Part 7—Transitional

Simplified outline of Part 7

Transitional arrangements regarding labeling apply to:

 items manufactured or imported before 1 July 1997 that meet the requirements of TS001‑1993; and

 items manufactured or imported after 30 June 2001 to which sections 8 and 9 of ACA TS102‑1998 apply.

7.1 Items manufactured or imported before 1 July 1997 that meet the requirements of TS 001‑1993

(1) This section applies if an item: (a) was manufactured or imported before 1 July 1997; and (b) meets the requirements of standard TS 001‑1993. (2) The supplier: (a) must ensure that the item displays the label that was applied to the item under the labelling arrangements in force immediately before 1 July 1997 to show that the item complied with the applicable standards; and (b) may also display the compliance mark on the item.

Note: See also standard ACA TS 102‑1998 in relation to requirements for items manufactured or imported before 1 July 1997.

(3) This section ceases to apply at the end of 30 June 2001.

7.2 Items manufactured or imported after 30 June 2001 to which sections 8 and 9 of standard ACA TS 102‑1998 apply

(1) This section applies to: (a) an item that: (i) is manufactured or imported after 30 June 2001; and (ii) is mentioned in section 8 of standard ACA TS 102‑1998; and (iii) does not meet the requirements set out in subsection 8(3) of that standard; and (b) an item that: (i) is manufactured or imported after 30 June 2001; and (ii) is mentioned in section 9 of standard ACA TS 102‑1998; and (iii) does not comply with standard ACA TS 001‑1997. (2) The supplier must not apply a compliance label to the item.

Note: Under sections 8 and 9 of standard ACA TS 102‑1998, certain items manufactured or imported before 1 July 2001 are not required to comply with each applicable standard.

Division 4.1—General

View image in the official source

Simplified outline of Part 4

• Before applying a compliance label to an item, a supplier must:
  • be registered on the national database;
  • if a national database has not been designated by the ACMA—have been issued a supplier code number.
• Suppliers must meet the requirements (including keeping compliance records) of the compliance level for an applicable standard that is selected for an item.
• There are additional requirements imposed on suppliers of modified items, disability customer equipment and customer equipment used in the supply of public mobile telecommunications service.

4.1 Application of Part 4

(1) This Part applies in relation to an item to which a compliance label is to be applied. (2) Divisions 4.2 and 4.3 also apply to an exempt item to which a compliance label will not be applied.