Document ID: chunk:federal_register_of_legislation:F2024C00514:clause:3_2:p5
Version: federal_register_of_legislation:F2024C00514
Segment Type: clause
Provision Reference: sch 3 cl 2 (pt 5/7)
Character Range: 92218–95054

a user of the device .

        (3) The label must be durable.

        (4) The label must be applied:
           (a) permanently; or
           (b) in a way that makes removal or obliteration difficult.

        (5) Subject to subclause (5A), the label must be at least 3 mm high.

        (5A) If subclause (1A) applies, the part of the label referred to in subclause (1) must be at least 3 mm high and the other part of the label that must include the text in bold type referred to in subclause (1A) must be at least 5 mm high.

       Applying the label to packaging

        (6) If, because of the size or physical nature of a device, it is impossible or impractical to apply the label to the surface of the device, the label must be applied to:
           (a) the external surface of the packaging used for the device, in a manner that complies with subclause (7); and
           (b) the documentation, including any warranty or guarantee certificate, that accompanies the device when it is offered for supply.

            Note: See subclause 14(3).

        (7) For the purposes of paragraph (6)(a), the label must:
           (a) occupy an area that is greater than 1% of the external surface of the packaging; and
           (b) be clearly visible;
           (c) be applied in accordance with subclauses (3) to (5A).

       QR code information

        (8) For the purposes of paragraph (1)(b), the information on the website must display the RCM prominently.

       6  Electronic labelling

        (1) This clause applies in relation to a device (relevant device) that has a built-in display.

        (2) A person is taken to comply with subclause 5(2) in relation to a relevant device if:
            (a) when the relevant device is first offered for supply, and at all later times, the built-in display of the relevant device is capable of displaying the RCM;
           (b) the documentation that accompanies the device at all times it is offered for supply by the person sets out instructions for displaying the RCM on the built-in display; and
           (c) it is difficult or impossible to prevent the RCM from being displayed on the built-in display when a person follows the instructions mentioned in paragraph (b).

Part 3—Requirements to be met before applying a label

       7  Application of Part - requirements

         For the purposes of subsection 27(3), each of clauses 8 to 10 sets out one or more requirements to be met by a person before the person applies a label to a device in accordance with Part 2 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