Document ID: chunk:federal_register_of_legislation:F2024C00514:clause:3_2:p3
Version: federal_register_of_legislation:F2024C00514
Segment Type: clause
Provision Reference: sch 3 cl 2 (pt 3/7)
Character Range: 87226–90000

equipment); and
           (c) each device of the second kind of equipment is a variant of a device of the first kind of equipment;
           (d) a provision in Part 3 of this Schedule requires the person to do a thing in relation to a device the person manufactures or imports (the relevant requirement), before the person applies a label to the device; and
           (e) the person complies with the relevant requirement in relation to each device of the first kind of equipment;
         the person is taken to comply with the relevant requirement for each device of the second kind of equipment if:
           (f) each device of the second kind of equipment is identical; and
           (g) subject to paragraphs (h) and (i), the person complies with the relevant requirement for one device of that kind of equipment (the model device); and
           (h) the person complies with the relevant requirement for the model device from the first time the person must, but for the effect of this subclause, comply with the relevant requirement in relation to a device of that kind of equipment; and
           (i) where a person must continue to meet the relevant requirement during a period – the person continues to comply with the relevant requirement for the model device during the period:
              (i) beginning at the first time the person must, but for the effect of this subclause, comply with the relevant requirement in relation to a device of that kind of equipment; and
              (ii) ending at the last time the person must, but for the effect of this subclause, comply with the relevant requirement in relation to a device of that kind of equipment.

Part 2—Applying a label

       3  Requirement – applying a label to a device

        (1) For the purposes of subsections 25(5), 25(6), 27(3) and 28A(1), this clause requires a person to apply a label to a device.

Labelling an applicable device because of the EME standard

        (2) Subject to subclause (4), if an applicable device is manufactured in Australia, the person who manufactured the device must apply a label to the device in accordance with this Part.

        (3) Subject to subclause (4), if an applicable device is imported, the person who imported the device must apply a label to the device in accordance with this Part.

        (4) If Schedule 4 does not prescribe a standard for an applicable device, subclauses (2) and (3) do not apply in relation to the device.

       Labelling a device because of a general standard

        (5) If:
           (a) a device is manufactured in Australia; and
           (b) a general standard is prescribed for the device;
         the person who manufactured the device must apply a label to the device in accordance with this Part.