Section Part 4 - Telecommunications (Labelling Notice for Customer Equipment and Customer Cabling) Instrument 2025 - Requirements to be met before supplying an item | Zoe
Telecommunications (Labelling Notice for Customer Equipment and Customer Cabling) Instrument 2025
Part 4Requirements to be met before supplying an item
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Part 4—Requirements to be met before supplying an item
Division 1 – Application
19 Application
This Part sets out the requirements that must be met before a manufacturer or importer supplies an item to which section 11, or clause 3 of Schedule 4, applies.
Note: Subsection 408(6) of the Act provides that an instrument made under section 407 may specify requirements that must be met after a manufacturer or importer applies a label. Section 415 of the Act provides that a person who is subject to such requirements must not engage in conduct that contravenes those requirements. A label must be applied to an item to which this Part applies before it is supplied. The requirements in this Part must be met before the item is supplied, and therefore may be met after a label is applied to an item. As such, they are requirements of the kind mentioned in section 415 of the Act.
Division 2 – Requirements relating to registration on national database
20 Requirement – registration on national database before item is supplied
A manufacturer or importer of an item must be registered on the national database before supplying the item.
21 Registration on national database
(1) To be registered on the national database, a manufacturer or importer of an item (the person) must provide to the database:
(a) the person’s ABN; and
(b) one of the following:
(i) if the person is a body corporate – the name and ACN of the body corporate; or
(ii) if the person is an individual – the name of the individual; or
(iii) in any case – a business name that is used by the person in connection with its business in relation to the supply of items and that is registered as a business name under the Business Names Registration Act 2011; and
(c) the person’s address in Australia; and
(d) if the person is not an individual – the name and contact details of a representative of the manufacturer or importer.
(2) If information included on the national database about the person changes, the person must provide the changed information to the database within 30 days after the change occurs.
(3) The person must provide the information in subsections (1) and (2) using a method indicated by the database for including information on the database.
Note 1: If a manufacturer or importer contravenes a specific requirement that must be met after a compliance label has been applied to an item, the manufacturer or importer may be guilty of an offence under section 415 of the Act.
Note 2: Information provided by a manufacturer or importer in accordance with this section for inclusion on the national database may be made publicly available.
Division 3 – Requirements relating to declarations of conformity
22 Requirement – making a declaration of conformity
(1) A manufacturer or importer of an item must, before supplying the item, ensure that a declaration of conformity for the item has been completed in accordance with subsection (2).
Note 1: These documents are to be kept in accordance with Part 5.
Note 2: If the item is a modified item, Division 4 also applies.
(2) A declaration of conformity must:
(a) be made by:
(i) if the manufacturer or importer of the item is a corporation – one of the following:
(A) a director of the corporation; or
(B) a secretary of the corporation; or
(C) an individual authorised by the corporation to make the declaration; or
(ii) if the manufacturer or importer of the item is an individual – the individual; or
(iii) if the manufacturer or importer of the item is, or is part of, an entity that is neither a corporation nor an individual – any of the following:
(A) an officer of the entity within the meaning of the Corporations Act 2001;
(B) an individual authorised by the entity to make the declaration; and
(b) contain the following information:
(i) the current model number of the item and, if relevant, any related model numbers; and
(ii) the name of the manufacturer or importer of the item and, if the manufacturer or importer is a body corporate, the ACN or ARBN of the manufacturer or importer; and
(iii) an address in Australia and contact details for the manufacturer or importer, or a representative of the manufacturer or importer; and
(iv) the title of each applicable technical standard in relation to the item; and
(v) the following date:
(A) if the item is included in a class of items – the date the original item of the class was manufactured in Australia or imported, or (in the case of a modified item) the date the original modified item of the class was made in Australia; or
(B) otherwise – the date the item was manufactured in Australia or imported, or (in the case of a modified item) the date the modified item was made in Australia; and
(vi) a statement that the declarant is reasonably satisfied, having had regard to particular documents, that the item complies with each applicable technical standard in relation to the item; and
(vii) details of the documents to which the declarant has had regard for the purposes of subparagraph (vi); and
(viii) a statement that the declarant:
(A) is satisfied that the information contained in the declaration is true and correct; and
(B) understands that giving false or misleading information is a serious offence; and
(c) bear the signature of the declarant, and the date the declaration was made.
(3) For the purposes of paragraph (2)(c), a declaration of conformity may be signed electronically.
Note 1: For subparagraphs (b)(vi) and (vii), see subsection (4) for the kinds of documents to which a person may have regard in order to be reasonably satisfied that an item complies with an applicable technical standard.
Note: Example: For subparagraph (b)(vii), if, in accordance with paragraph (4)(b), the declarant has had regard to a test report prepared by an entity stating that the item complies with each applicable technical standard, the subparagraph would be satisfied if the declaration contained details identifying the document as a test report, the entity which prepared the test report and the date the test report was prepared.
Note 2: The ACMA may make a sample declaration of conformity, or a template form of a declaration of conformity available on its website: www.acma.gov.au.
(4) For the purposes of subparagraphs (2)(b)(vi) and (vii):
(a) a person can only be reasonably satisfied that an item complies with a high risk applicable technical standard if:
(i) there is:
(A) an endorsed test report; or
(B) a statement prepared by a certification body; or
(C) an IECEE CB Test Report that is accompanied by an IECEE CB Test Certificate, in relation to the requirements of an IEC standard for the item as well as any different requirements of the high risk applicable technical standard; or
(D) a certificate issued under a law of a State or Territory that deals with the safety of electrical equipment;
containing information that indicates that the item or (if the item is included in a class of items) an item of the class complies with the high risk applicable technical standard; and
(ii) the person has had regard to the document or documents; and
(b) a person may be reasonably satisfied that an item complies with an applicable technical standard (other than a high risk applicable technical standard) if:
(i) there is a statement prepared by a certification body or a test report containing information that indicates that the item or (if the item is included in a class of items) an item of the class complies with the applicable technical standard; and
(ii) the person has had regard to the document.
Note 1: The kinds of documents mentioned in sub-subparagraphs (a)(i)(C) and (D) are only prepared or issued for items in relation to which the Telecommunications (Customer Equipment Safety) Technical Standard 2018 is an applicable technical standard.
Note 2: For sub-subparagraph (a)(i)(D), a certificate issued under a law of a State or Territory that deals with the safety of electrical equipment may be called a “Certificate of Approval”, a “Certificate of Conformity” or a “Certificate of Suitability”.
Note 3: Unlike paragraph (a), paragraph (b) does not limit the kinds of documents to which a person may have regard in order to be reasonably satisfied that an item complies with an applicable technical standard.
Division 4 – Additional requirements for modified items
23 Modified items
(1) This section applies to a modified item.
(2) The manufacturer of the modified item, or the importer of the unmodified item, must, before supplying that item, prepare a written statement that:
(a) identifies the modified item; and
(b) identifies the modification which resulted in that item, being the difference between the unmodified item and the modified item; and
(c) indicates whether the modification is or is not material, and specifies the reason why the modification is or is not material; and
(d) if the modification is not material – contains the current model number of the modified item and the current model number of the unmodified item; and
(e) is signed by:
(i) if the manufacturer or importer is a corporation – any of the following:
(A) a director of the corporation; or
(B) a secretary of the corporation; or
(C) an individual authorised by the manufacturer or importer to make the statement; or
(ii) if the manufacturer or importer is an individual – the individual; or
(iii) if the manufacturer or importer of the item is, or is part of, an entity that is neither a corporation nor an individual – any of the following:
(A) an officer of the entity within the meaning of the Corporations Act 2001; or
(B) an individual authorised by the entity to make the statement.
(3) If:
(a) the modification is not material; and
(b) the manufacturer of the modified item, or the importer of the unmodified item has:
(i) completed a declaration of conformity for the unmodified item in accordance with subsection 22(1); and
(ii) prepared a written statement for the modified item in accordance with subsection (2);
the manufacturer or importer is taken to have completed a declaration of conformity for the modified item consisting of the declaration and the statement referred to in paragraph (b).
Note: If the modification is material, the manufacturer of the modified item or the importer of the unmodified item must complete a declaration of conformity for the modified item in accordance with subsection 22(1).
(4) For the purposes of subsections (2) and (3), the modification is material if the modification would or could reasonably be expected to affect whether the modified item complies with any applicable technical standard in relation to the modified item.
Note: This section imposes additional requirements on an item that has been modified, by or on behalf of the manufacturer or importer of the item, after the item was manufactured or imported. The item as modified must comply with each applicable technical standard in relation to the modified item before a compliance label is applied to that item.
(5) For the purposes of paragraph (2)(e), a statement may be signed electronically.
(6) In this section, unmodified item, in relation to a modified item, means the item that was manufactured in Australia or imported, before it was modified to become the modified item.
Note: The term ‘unmodified item’ is only used in this section, and has a different meaning to the term ‘original item’, which is defined in section 8.
Division 5 – Documentation when item is supplied
24 Documentation about installation and operation
If:
(a) a manufacturer or importer of an item is required, under section 11, to apply a compliance label to the item; and
(b) there is a reasonable likelihood that the item could be installed or operated in a manner which is inconsistent with an applicable technical standard in relation to the item; and
(c) the installation or operation of the item in such a manner could constitute a risk to public safety;
the manufacturer or importer must ensure that the item, when supplied, is accompanied by documentation that specifies how to install and operate the item in a manner which is consistent with the standard.