Document ID: chunk:federal_register_of_legislation:F2023C00241:front:0:p6
Version: federal_register_of_legislation:F2023C00241
Segment Type: other
Provision Reference: 
Character Range: 13644–16519

item was imported:

             (a) if the item has subsequently been modified – the obligation is imposed on the manufacturer who modified the item; or

             (b) otherwise – the obligation is imposed on the importer.
      (3) For the avoidance of doubt, this Instrument does not apply to a manufacturer of an item unless:

             (a) the item was manufactured in Australia; or

             (b) the item was modified by the manufacturer in Australia (irrespective of whether the item was manufactured in Australia).

      (4) In this Instrument, a reference to the date a modified item was made is a reference to the date of making of the modification which resulted in that item.

      (5) In this Instrument, unless the contrary intention appears:

             (a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and

             (b) a reference to any other kind of instrument is a reference to that other instrument as in force from time to time.

             Note 1 For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.
             Note 2 All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.
       Note 3 For references to any other kind of instrument, see section 589 of the Act.
5 Class of items and obligations relating to certain compliance records

 (1) In this Instrument:

             (a) an item (other than a modified item) is included in a class of items if the item:
                 (i) is identical to each other item of the class (irrespective of when the items were manufactured or imported); and
                 (ii) has the same manufacturer or importer as each other item; and

             (b) the original item, in relation to the class of items, is the item of the class that was the first to be manufactured in Australia or imported.

 (2) In this Instrument:

             (a) a modified item is included in a class of items if:
                 (i) the modification which resulted in that item is identical to the modification which resulted in each other item of the class (irrespective of when the items were so modified);
                 (ii) the modified item is, in all other respects, identical to each other item (irrespective of when the items were manufactured or imported); and
                 (iii) the modified item has the same manufacturer or importer as each other item; and

             (b) the original modified item, in relation to the class of items, is the item of the class that was the first to be so modified in Australia or imported.

 (3) If:

             (a) a provision of this