Document ID: chunk:federal_register_of_legislation:F2021C01287:front:0:p6
Version: federal_register_of_legislation:F2021C01287
Segment Type: other
Provision Reference: 
Character Range: 13478–16185

or more of the other devices or other things, were not removed from the combination; and
 (d) if subsection (2A) applies in relation to the combination – at the time the relevant device was manufactured or imported, it was reasonable for the supplier of the relevant device to believe that the person mentioned in paragraph (b) intended to install the relevant device as part of the combination;
  then:
 (e) from the time the combination is created, the combination is a fixed installation; and
 (f) from the time the relevant device is manufactured or imported, the relevant device is included, or to be included, in a fixed installation.

            Note 1: Attaching a device to a thing does not necessarily create a fixed installation.

            Note 2: Not every device that forms part of a fixed installation is 'included, or to be included, in a fixed installation'.  Paragraph (b) requires that either the supplier must intend for the device to form part of a fixed installation at the time the device is manufactured or imported or the supplier must reasonably believe that another person intended for the device to form part of a fixed installation at the time the device is manufactured or imported.

            Note 3: Section 2.2 provides that this Notice does not apply to devices listed in Schedule 2, including a fixed installation and a device included, or to be included, in a fixed installation (item 11).

            Example 1: A single device that is bolted to a wall does not create a fixed installation.

            Example 2: An automotive production line may be a fixed installation.  The combination of the equipment and devices that form the automotive production line may be exempt from the requirements of this Notice (see section 2.2 and Schedule 2).  A device that is installed as part of the automotive production line may be exempt from the requirements of this Notice if, among other things, at the time the device was manufactured or imported, it was reasonable for the supplier of the device to believe that another person intended to install the device as part of the automotive production line (see section 2.2 and Schedule 2).
 (2A) For the purposes of paragraph (2)(d), this subsection applies in relation to the combination if, at the time the relevant device was manufactured or imported, the person who intended to install the relevant device as part of the combination was a person other than the supplier of the relevant device.
 (3) In this Notice, subject to subsection (4), a kind of device refers to a class of devices that:
 (a) are identical; and
 (b) have the same supplier.
 (4) Despite subsection (3), a device (the first device) is not the same