9AApplication of labels

#### 9A Application of labels (1) A reference in this Act to a label includes a reference to a statement. (2) For the purposes of this Act, a label is taken to be applied to a thing if: (a) the label is affixed to the thing; or (b) the label is woven in, impressed on, worked into or annexed to the thing; or (c) the label is affixed to a container, covering, package, case, box or other thing in or with which the first‑mentioned thing is supplied; or (d) the label is affixed to, or incorporated in, an instruction or other document that accompanies the first‑mentioned thing. 30 Paragraph 101(1)(b) Omit “SMA, or a person authorised by the SMA,”, substitute “ACA, or a recognised testing authority,”. 31 Paragraph 163(1)(a) Omit “standard”, substitute “standard (either directly, or indirectly by means of a report under paragraph (2)(g))”. 32 Subsections 163(2) and (3) Repeal the subsections, substitute: (2) The ACA may make an arrangement with any of the following bodies or associations: (a) the Standards Association of Australia; (b) a body or association approved in writing by the Standards Association of Australia for the purposes of this subsection; (c) a body or association specified in a written determination made by the ACA for the purposes of this subsection; under which the body or association: (d) prepares a draft of a standard; and (e) publishes the draft standard; and (f) undertakes a process of public consultation on the draft standard; and (g) reports to the ACA on the results of that process of public consultation. (3) A copy of an approval under paragraph (2)(b) is to be published in the Gazette. (4) A copy of a determination under paragraph (2)(c) is to be published in the Gazette. 33 Paragraph 164(b) Omit “published”, substitute “notified”. 34 Subsection 165(1) Omit “Subject to subsection (2), a standard”, substitute “A standard”. 35 Subsection 165(2) Repeal the subsection. 36 Subsection 167(3) Repeal the subsection, substitute: (3) In deciding whether to issue a permit, the ACA may have regard to whether the purpose for which the permit is sought is a purpose related to: (a) education or research; or (b) testing of devices; or (c) demonstration of devices. (3A) In deciding whether to issue a permit, the ACA must have regard to the protection of the health or safety of persons who: (a) operate devices; or (b) work on devices; or (c) use services supplied by means of devices; or (d) are otherwise reasonably likely to be affected by the operation of devices. (3B) Subsections (3) and (3A) do not, by implication, limit the matters to which the ACA may have regard. 37 Paragraph 169(4)(a) Repeal the paragraph, substitute: (a) if: (i) there is in force a written determination made by the ACA that is expressed to apply in relation to all permits or in relation to a class of permits in which the permit is included; and (ii) the determination specifies a period longer than 12 months in relation to all permits or in relation to a class of permits in which the permit is included; a day within that longer period; or 38 At the end of section 169 Add: (5) A determination under paragraph (4)(a) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. (6) The ACA may, by written notice given to the holder of a permit, declare that the permit has effect as if the permit had specified a day specified in the notice as the day of expiration of the permit. The declaration has effect accordingly. (7) The day specified in a notice under subsection (5) must: (a) be later than the day on which the notice was given to the holder; and (b) comply with the rules set out in subsection (4). 39 After section 169 Insert: