Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies to an instrument under section 407.
(2) The label must be in the form specified by the ACMA in the instrument.
(3) The method of applying the label to the equipment or cabling must be as specified by the ACMA in the instrument.
(4) The instrument may state that the requirement does not apply to imported customer equipment, or imported customer cabling, if there is applied to the equipment or cabling a label of a specified kind that indicates that the equipment or cabling complies with the requirements of:
(a) a specified law of a specified foreign country; or
(b) a specified instrument in force under a specified law of a specified foreign country; or
(c) a specified convention, treaty or international agreement; or
(d) a specified instrument in force under a specified convention, treaty or international agreement.
(5) The instrument may specify requirements that must be met before a label can be applied, including (but not limited to):
(a) a requirement that, before a manufacturer or importer applies the label to the equipment or cabling, the manufacturer or importer must have obtained a written statement from a certification body certifying that the equipment or cabling complies with a specified section 376 standard; and
(b) a requirement that, before a manufacturer or importer applies the label to the equipment or cabling, the equipment or cabling must have been tested by a recognised testing authority for compliance with the standards specified in the instrument; and
(c) a requirement that a manufacturer or importer must:
(i) conduct quality assurance programs; or
(ii) be satisfied that quality assurance programs have been conducted; or
(iii) have regard to the results of quality assurance programs;
before the manufacturer or importer applies the label to the equipment or cabling; and
(d) a requirement that, before a manufacturer or importer applies the label to the equipment or cabling, the manufacturer or importer must have obtained a written statement from a competent body certifying that reasonable efforts have been made to avoid a contravention of a specified section 376 standard; and
(e) a requirement that, before a manufacturer or importer applies the label to the equipment or cabling, the manufacturer or importer must make a written declaration in relation to the equipment or cabling, being a declaration in a form specified in the instrument.
Note 1: Certification body is defined by section 410.
Note 2: Recognised testing authority is defined by section 409.
Note 3: Competent body is defined by section 409.
(6) The instrument may specify requirements that must be met after a label has been applied to customer equipment or customer cabling, including (but not limited to) a requirement that a manufacturer or importer retain for inspection, for the period specified in the instrument:
(a) records of the quality assurance programs conducted in accordance with the instrument in respect of the equipment or cabling; and
(b) records of any results of any tests conducted in relation to compliance with the standards specified in the instrument; and
(c) a declaration, or a copy of a declaration, made as mentioned in paragraph (5)(e).