Document ID: chunk:federal_register_of_legislation:F2024C00514:clause:3_2:p6
Version: federal_register_of_legislation:F2024C00514
Segment Type: clause
Provision Reference: sch 3 cl 2 (pt 6/7)
Character Range: 94763–97729

of this Schedule.

       8  Requirement – registration on national database

         A person must be registered on the national database.

       9  Requirement – making a declaration of conformity

        (1) If the device is manufactured in Australia, the person who manufactured the device must make a declaration of conformity for the device that complies with subclause (3).

        (2) If the device is imported, either:
           (a) the person who imported the device must make a declaration of conformity for the device that complies with subclause (3); or
           (b) both:
              (i) the person who manufactured the device must make a declaration of conformity for the device that complies with subclause (3); and
              (ii) the person who imported the device must obtain a copy of that declaration.

        (3) A declaration of conformity for a device must:
           (a) either:
              (i) be in the form approved by the ACMA; or
              (ii) subject to paragraph (b), contain all the information required by the form approved by the ACMA, whether or not it includes other information; and
           (b) except for a declaration of conformity that is mentioned in subparagraph (2)(b)(i) – if the person making the declaration of conformity is a body corporate, contain one or more of:
              (i) an ABN; or
              (ii) an ACN; or
              (iii) an ARBN;
            of the person making the declaration; and
           (c) if the device is an applicable device – declare that the device complies with the EME standard; and

           (d) if the device is an EME compliance level 2 device or an EME compliance level 3 device – set out the measurement methods, assessment methods or computational methods, used to measure, assess or compute whether the device complies with the EME standard, in accordance with Part 3 of Schedule 4; and
           (e) if a general standard is prescribed for the device – declare that the device complies with the general standard.

            Note: It is a serious offence to give false or misleading information (see section 137.1 of the Criminal Code).

        (4) The ACMA must approve a form for a declaration of conformity.

        (5) If the ACMA approved a form for a declaration of conformity for the purposes of the Radiocommunications (Compliance Labelling – Electromagnetic Radiation) Notice 2014, that form is taken to be approved under subclause (4), until the ACMA approves another form under subclause (4).

        (6) If the ACMA approved a form for a declaration of conformity for the purposes of the Radiocommunications (Compliance Labelling – Devices) Notice 2014, that form is taken to be approved under subclause (4), until the ACMA approves another form under subclause (4).

       10  Requirement – obtaining or creating documents

        (1) For a device mentioned in an item in the table, the person who manufactured the device