Document ID: chunk:federal_register_of_legislation:C2021C00345:clause:4_44:p1
Version: federal_register_of_legislation:C2021C00345
Segment Type: clause
Provision Reference: sch 4 cl 44 (pt 1/2)
Character Range: 138030–140820

44  Transitional—Radiocommunications Labelling (Electromagnetic Compatibility) Notice 2017

Scope
(1) This item applies to an instrument if:
 (a) the instrument was in force immediately before the commencement of this item; and
 (b) the instrument was given under subsection 182(1) of the Radiocommunications Act 1992; and
 (c) the instrument was known as the Radiocommunications Labelling (Electromagnetic Compatibility) Notice 2017.

Effect of instrument
(2) The instrument has effect, after the commencement of this item, as if:
 (a) it had been made as equipment rules under subsection 156(1) of the Radiocommunications Act 1992; and
 (b) any requirement imposed by the Radiocommunications Act 1992 or the Legislation Act 2003 in relation to the making of the instrument (including a requirement about the form of words) had been satisfied; and
 (c) the words "for Division 7 of Part 4.1 of the Act" in the definition of agent in subsection 1.5(1) of the instrument were omitted and the words "for the provisions of the equipment rules that relate to obligations to apply labels to devices" were substituted; and
 (d) the reference to subsection 267(1) of the Radiocommunications Act 1992 in paragraph (a) of the definition of authorised officer in subsection 1.5(1) of the instrument were a reference to subsection 284(1) of that Act; and
 (e) the words "accredited by NATA under subsection 183(3) of the Act" were omitted from the definition of competent body in subsection 1.5(1) of the instrument and the words "determined under subitem 44(3) of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020" were substituted; and
 (f) the words "and subsection 9(1)" were omitted from note 1 to subsection 1.5(1) of the instrument; and
 (g) the reference to section 267 of the Radiocommunications Act 1992 in note 1 to subsection 1.5(1) of the instrument were a reference to subsection 284(1) of that Act; and
 (h) the words "labelling notice made under the Act" were omitted from the heading to section 2.5 of the instrument and the words "set of equipment rules" were substituted; and
 (i) the words "another notice made under subsection 182(1) of the Act" were omitted from section 2.5 of the instrument and the words "another set of equipment rules" were substituted; and
 (j) the words "other notice made under subsection 182(1) of the Act" were omitted from the note to section 2.5 of the instrument and the words "other set of equipment rules" were substituted; and
 (k) the note to section 4.2 of the instrument were omitted; and
 (l) the words "Under section 187A of the Act, a supplier that fails to comply with a specific requirement that must be met after a label has been applied to a device may commit an offence." were omitted from: