Telecommunications (Labelling Notice for Customer Equipment and Customer Cabling) Instrument 2025
Part 3Applying a label
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A technical standard is an applicable technical standard in relation to an item if:
(a) the item is of a kind mentioned in column 1 of the table in Schedule 1; and
(b) the technical standard is mentioned in column 2 of that table; and
(c) the technical standard consists of or includes requirements that apply to the item.
Note: This section deals with applicable technical standards for customer equipment (other than cabling-related customer equipment). Clause 1 of Schedule 4 deals with applicable technical standards for customer cabling and cabling-related customer equipment.
10 Who may apply a label – importer
(1) This section applies if an importer is required to:
(a) apply a compliance label to an item under section 11; or
(b) apply a non-compliance label to an item under section 15.
(2) An importer is taken to have complied with the requirement in section 11 or section 15 if:
(a) before the item was imported, a person other than the importer applied the label to the item; and
(b) each of the label, and the application of the label, otherwise complies with the requirements in this instrument.
Note: Section 406A of the Act provides that a reference to a manufacturer or importer includes a person who is authorised in writing by such a manufacturer or importer to act in Australia as an agent of the manufacturer or importer for the purposes of Division 7 of Part 21 of the Act.
Division 2 – Applying a compliance label
11 Requirement to apply a compliance label
(1) If:
(a) there is at least one applicable technical standard in relation to an item; and
(b) the item complies with each such standard;
this section applies to the item.
(2) The manufacturer or importer of the item must, before supplying the item, apply a compliance label to the item in accordance with Division 3.
Note: The requirement to apply a compliance label to an item involves:
affixing the label to the surface of the item (subsection 13(2)); or
if it is impossible or impracticable to affix the label to the surface of the item because of the size or physical nature of the item – affixing the label to the external surface of the packaging used for the item and incorporating the label in the documentation that accompanies the item when supplied (subsection 13(3)); or
Section Part 3 - Telecommunications (Labelling Notice for Customer Equipment and Customer Cabling) Instrument 2025 - Applying a label | Zoe
if the item has a built-in display – using the built-in display (section 14).
Division 3 – Form and application of a compliance label
12 Form of a compliance label
(1) A compliance label must be:
(a) in the form of the RCM; or
(b) a QR code, or similar thing, if the relevant link is to information on a website that displays the RCM prominently.
(2) The compliance label must be:
(a) durable; and
(b) at least 3 mm high.
13 Application of a compliance label
(1) Subject to section 14, a compliance label must be applied:
(a) in accordance with subsection (2) or (3); and
(b) permanently, or in a way that makes removal or obliteration difficult.
(2) Subject to subsection (3), a compliance label must be affixed to the surface of an item in a place that is readily accessible to a person.
Note: In this Division, a reference to an item is a reference to an item to which section 11 applies.
(3) If, because of the size or physical nature of an item, it is impossible or impractical to affix a compliance label to the surface of the item, the compliance label must:
(a) be affixed to the external surface of the packaging used for the item; and
(b) occupy an area that is greater than 1% of that external surface; and
(c) be clearly visible on that external surface; and
(d) be incorporated in the documentation, including any warranty or guarantee certificate, that accompanies the item when supplied.
Note: The requirement in paragraph (d) may be met after the label was applied and, as such, is a requirement of the kind mentioned in section 415 of the Act.
(4) The manufacturer or importer of an item to which subsection (3) applies must, before supplying the item, prepare a written statement in relation to the item specifying:
(a) the reasons why subsection (3) applies to the item; and
(b) where, on the external surface of the packaging used for the item and in the documentation referred to in subsection (3), each compliance label has been applied.
Note: The requirement in subsection (4) may be met after the label was applied and, as such, is a requirement of the kind mentioned in section 415 of the Act.
(5) The importer of an item is taken to have complied with subsection (4) in relation to an item if:
(a) before the item was imported, a person other than the importer prepared a written statement that specifies the matters mentioned in paragraphs (4)(a) and (b); and
(b) before supplying the item, the importer obtained a copy of the statement.
14 Electronic labelling of customer equipment
(1) A manufacturer or importer of an item that has a built-in display may apply a compliance label to the item using the built-in display if the manufacturer or importer meets the requirements of this section.
(2) The manufacturer or importer must ensure that information setting out a method for displaying the label is either or both:
(a) included in documentation that accompanies the item when supplied; or
(b) clearly and prominently published on the website of the manufacturer or importer at the time the item is supplied.
Note: The requirement in subsection (2) may be met after the label was applied and, as such, is a requirement of the kind mentioned in section 415 of the Act.
(3) The method for displaying the label must, when the item is being used by a person, make it difficult for the person to prevent the display of the label.
(4) Paragraph 12(2)(a) and subsection 13(1) do not apply to a compliance label applied in accordance with this section.
Division 4 – Applying a non-compliance label and preparing a written statement
15 Requirement to apply a non-compliance label and prepare a written statement
(1) If:
(a) there is at least one applicable technical standard in relation to an item; and
(b) the item does not comply with one or more of those standards;
this section applies to the item.
(2) The manufacturer or importer of the item must, before supplying the item:
(a) apply a non-compliance label to the item; and
(b) prepare a written statement in relation to the item;
in accordance with Division 5.
Note: The requirement to apply a non-compliance label to an item involves affixing the label to the external surface of the packaging used for the item and incorporating the label in the documentation that accompanies the item when supplied.
(3) The importer of the item is taken to have complied with the requirement in paragraph (2)(b) if:
(a) before the item was imported, a person other than the importer prepared a written statement in accordance with section 18; and
(b) before supplying the item, the importer obtained a copy of the statement.
Note: See section 10 for who may apply a label.
Division 5 – Form and application of a non-compliance label and preparation of a written statement
16 Form of a non-compliance label
(1) A non-compliance label applied to an item must contain a statement to the effect that the item does not comply with one or more of the applicable technical standards in relation to the item.
Note: In this Division, a reference to an item is a reference to an item to which section 15 applies.
(2) The statement must:
(a) be in English; and
(b) be printed in a font of not less than 12 points; and
(c) list each applicable technical standard that the item does not comply with.
(3) A non-compliance label must be durable.
17 Application of a non-compliance label
(1) A non-compliance label must be applied:
(a) in accordance with subsection (2); and
(b) permanently, or in a way that makes removal or obliteration difficult.
(2) A non-compliance label must be:
(a) affixed to the external surface of the packaging used for an item; and
(b) clearly visible on that external surface; and
(c) incorporated in the documentation, including any warranty or guarantee certificate, that accompanies the item when supplied.
Note: The requirement in paragraph (c) may be met after the label was applied and, as such, is a requirement of the kind mentioned in section 415 of the Act.
18 Preparation of a written statement and obligation to keep the statement
(1) A written statement prepared under paragraph 15(2)(b), or obtained under subsection 15(3), in relation to an item must:
(a) identify the item; and
(b) specify:
(i) where, on the external surface of the packaging used for the item and in the documentation referred to in paragraph 17(2)(c), each non-compliance label has been applied; and
(ii) the wording of the statement contained in each non-compliance label.
(2) A written statement prepared under paragraph 15(2)(b), or obtained under subsection 15(3),in relation to an item must be kept for the period:
(a) commencing:
(i) if the item is included in a class of items – when the original item, or (in the case of a modified item) the original modified item, of the class is supplied in Australia; or
(ii) otherwise – when the item is supplied in Australia; and
(b) ending two years after the item or all items of the class cease to be supplied in Australia, whichever is the later.
Note: The requirement in subsection (2) will be met after the label was applied and, as such, is a requirement of the kind mentioned in section 415 of the Act.