Document ID: chunk:federal_register_of_legislation:F2024C00514:clause:3_4:p1
Version: federal_register_of_legislation:F2024C00514
Segment Type: clause
Provision Reference: sch 3 cl 4 (pt 1/4)
Character Range: 98675–101519

4     EME compliance level 3 device               (a) prepare a description of the device that complies with subclause 13(1); and
                                                  (b) obtain a test that complies with subclause 13(2), and that is prepared by an accredited testing body, in accordance with the criteria that apply to the body's accreditation, in relation to the device

            Note: A device may be mentioned in more than one item of the table. In that case, the person needs to perform the acts specified in each item. However, the acts specified in one item may satisfy some of the requirements of another item.

            Example: A device is both an EME compliance level 2 device and a general compliance level 1 device. The person who imported the device must perform the acts specified in both items 1 and 2 of the table. However, the person needs to prepare only one description of the device that complies with subclause 13(1) to perform the act specified in item 1, and the act specified in paragraph (a) of item 2.

        (2) For the purposes of paragraph (b) of item 3 of the table, the following documents are specified in relation to the device and the general standard:
           (a) both:
              (i) written authority by the Federal Communications Commission of the United States of America for the device to operate in that country; and
              (ii) if the laws of the United States of America are inconsistent with a part of the general standard –  a written statement describing how the device has been altered to comply with that part of the general standard;
           (b) a test report in relation to the device's compliance with the general standard that complies with subclause 13(2);
           (c) a manufacturer's performance specifications for the device.

       13  Description and test report

        (1) For the purposes of clause 10, a description of a device must have sufficient information to determine whether the device described is the same as:
           (a) a device for which a declaration of conformity is made; or
           (b) a device identified in a test report.

        (2) For the purposes of clause 10, a test report in relation to a device must:
           (a) identify the device; and
           (b) if the test report relates to the device's compliance with the EME standard – state whether the device complies with the EME standard; and
           (c) if the test report relates to the device's compliance with the EME standard – describe the methods or procedures used by the person who prepared the report to test whether the device complies with the EME standard; and
           (ca) if the test report relates to the device's compliance with a general standard – state whether the device complies with the general standard; and
           (cb)