Telecommunications (Labelling Notice for Customer Equipment and Customer Cabling) Instrument 2025
Part 6Savings and transitional arrangements
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Note: Previous Notice means the Telecommunications (Labelling Notice for Customer Equipment and Customer Cabling) Instrument 2015, as in force immediately before the commencement of this instrument.
Note: transition period means:
(a) for an item mentioned in subsection 30(1) – the two-year period starting at the commencement of this instrument; or
(b) for an item mentioned in subsection 31(1) – the one-year period starting at the commencement of this instrument.
Division 2 – Transitional arrangements in relation to the Previous Notice
30 Item labelled in accordance with Previous Notice during transition period
(1) This section applies to an item if the manufacturer or importer of the item:
(a) applies:
(i) a compliance label (as defined in section 4 of the Previous Notice); or
(ii) a non-compliance label (as defined in section 4 of the Previous Notice);
to the item during the transition period; and
(b) has met all of the requirements of the Previous Notice that the manufacturer or importer was required to meet before applying the compliance label or the non-compliance label.
Note: The transition period is two years starting at the commencement of this instrument (see section 29).
(2) The manufacturer or importer is taken to have met all the requirements of this instrument in relation to the application of a compliance label, or a non-compliance label, to the item.
Note If an item has been labelled in accordance with the Previous Notice not later than two years after the commencement of this instrument, the manufacturer or importer of the item is not required to label the item in accordance with this instrument.
(3) The manufacturer or importer must comply with either:
(a) any other requirements of this instrument that apply in relation to the item; or
(b) any other requirements of the Previous Notice that would have applied in relation to the item, had the Previous Notice not been repealed.
(4) If the manufacturer or importer complies with paragraph (3)(b):
(a) this instrument (apart from this section) does not apply in relation to the item; and
(b) the Previous Notice continues to apply in relation to the item as if the Previous Notice had not been repealed.
31 Items exempt from labelling under clauses 7 or 8 of Schedule 4 to the Previous Notice immediately prior to commencement
(1) This section applies to an item (including an item in a class of items), if:
(a) immediately before the commencement of this instrument, a manufacturer or importer was, in accordance with clauses 7 or 8 of Schedule 4 to the Previous Notice, exempt from compliance with the requirement in subclause 4(2) of Schedule 4 to the Previous Notice to apply a compliance label to the item; and
(b) but for this section, the manufacturer or importer would be required, under subclause 3(2) of Schedule 4 to this instrument, to apply a compliance label to the item.
(2) If:
(a) the item is manufactured, imported or modified during the transition period; and
(b) the manufacturer or importer complies with:
(i) if the manufacturer or importer was exempt from applying a compliance label under clause 7 of Schedule 4 to the Previous Notice in relation to the item – the requirements in clause 7 of Schedule 4 to the Previous Notice; or
(ii) if the manufacturer or importer was exempt from applying a compliance label under clause 8 of Schedule 4 to the Previous Notice in relation to the item – the requirements in clauses 9 and 10 of Schedule 4 to the Previous Notice;
the manufacturer or importer is not required to apply a compliance label to the item.
Note: The transition period is one year starting at the commencement of this instrument (see section 29).
(3) If the manufacturer or importer complies with paragraph (2)(b):
(a) this instrument (apart from this section) does not apply in relation to the item; and
(b) the Previous Notice continues to apply in relation to the item as if the Previous Notice had not been repealed.
Division 3 – Transitional arrangements following changes in relation to applicable technical standards
32 Changes in relation to applicable technical standards
Scope
(1) This section applies to an item if:
(a) a technical standard (the old technical standard) has been repealed and replaced by another technical standard (the new technical standard); and
(b) on a particular date (the effective date) the old technical standard ceased to be an applicable technical standard, and the new technical standard became an applicable technical standard, in relation to the item; and
(c) the manufacturer or importer of the item did not supply the item before the effective date.
Manufacturer or importer of item taken to have done certain things
(2) If, before the effective date, the manufacturer or importer of an item did any of the following things in relation to the old technical standard, in accordance with this instrument as in force immediately before the effective date:
(a) prepared a compliance record or any other documentation for the item; or
(b) applied a label to the item,
then on and after the effective date:
(c) the thing done has effect as if it had been done in relation to the new technical standard; and
(d) for the avoidance of doubt, the manufacturer or importer is taken to have met any requirement of this instrument to do such a thing in relation to the new technical standard.
Note: Example: If, before the effective date, the manufacturer or importer had properly completed a declaration of conformity for the item in relation to the old technical standard, then on and after the effective date the manufacturer or importer does not need to complete a declaration of conformity for the item in relation to the new technical standard.
Compliance with old technical standard
(3) For the avoidance of doubt, if:
(a) a declaration of conformity for the item was not completed before the effective date; and
(b) the new technical standard contains a provision to the effect that the item is taken to comply with that standard if the item complies with the old technical standard as in force immediately before the commencement of the new technical standard; and
(c) the manufacturer or importer seeks to rely on that provision;
the manufacturer or importer must, before supplying the item, ensure that a person who makes a declaration of conformity for the item is reasonably satisfied that the item complies with that old technical standard.
(4) For the purposes of determining whether a person is reasonably satisfied that the item complies with the old technical standard mentioned in paragraph (3)(b), subsection 22(2) applies as if:
(a) references to an applicable technical standard were references to that old technical standard; and
(b) references to a high risk applicable technical standard were references to that old technical standard (or the part of it) that was, immediately before the commencement of the new technical standard, a high risk applicable technical standard in relation to the item (if at all).
Note: Example: If, before the effective date, the old technical standard was a high risk applicable technical standard in relation to the item, a person can only be reasonably satisfied that the item complies with the old technical standard if there is a document of a kind mentioned in sub-subparagraph 22(4)(a)(i)(A), (B), (C) or (D) 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 old technical standard.
Section Part 6 - Telecommunications (Labelling Notice for Customer Equipment and Customer Cabling) Instrument 2025 - Savings and transitional arrangements | Zoe