Document ID: chunk:federal_register_of_legislation:F2021C01287:reg:6:p11
Version: federal_register_of_legislation:F2021C01287
Segment Type: reg
Provision Reference: reg 6 (pt 11/13)
Character Range: 44594–47290

supplied under section 5.5.

Part 6—Special requirements for supply of devices after changes to applicable standard or this Notice

6.1  Devices labelled with a compliance label before this Notice
 (1) This section applies to a device if:
 (a) a device complied with an applicable standard prior to the commencement of this Notice; and
 (b) the label that was applied to the device shows that the device complied with the applicable standard when it was first manufactured or imported; and
 (c) the label was applied in accordance with the Radiocommunications (Electromagnetic Compatibility) Notice 2008; and
 (d) the label has not been removed from the device.
 (2) For a device to which this section applies, the supplier:
 (a) is not required to demonstrate whether the device complies with the applicable standard; and
 (b) is taken to have complied with Part 3 in relation to the device; and
 (c) is taken to have complied with Part 4 in relation to the applicable standard.

6.2  Changes to an applicable standard
 (1) This section applies to a device if:
 (a) the device complied with an applicable standard immediately before the applicable standard was amended or replaced; and
 (b) the label that was applied to the device shows that the device complied with the applicable standard when it was first manufactured or imported; and
 (c) the label that was applied to the device was applied in accordance with this Notice.
               Note: If section 6.1 applies to a device, it is taken to have had a label applied to it in accordance with this Notice.
 (2) If the applicable standard is amended on or after the day on which the device was first manufactured or imported, the supplier:
 (a) is not required to demonstrate whether the device complies with the applicable standard as amended; and
 (b) is taken to have complied with Part 4 in relation to the applicable standard as amended.
Note: The requirement for a supplier to update the information provided by it for inclusion in the national database imposed under subsection 4.2A(3) is an ongoing requirement.  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.
 (3) If a standard (the new standard) becomes an applicable standard on or after the day on which the device was first manufactured or imported, the supplier:
 (a) is not required to demonstrate whether the device complies with the new standard; and
 (b) is taken to have complied with Part 4 in relation to the new standard.

6.3  Transitional—devices to which IEC, CISPR or AS/NZS standards apply
 (1) This section applies to a device if: