Document ID: chunk:federal_register_of_legislation:F2023C00241:front:0:p19
Version: federal_register_of_legislation:F2023C00241
Segment Type: other
Provision Reference: 
Character Range: 48337–51418

item before 1 March 2016.
 (2) Despite subsection 10(1), the label applied to the item may be in the form of the A-tick (instead of the RCM) no smaller than 3 mm in height.

Division 3 – Transitional arrangements following changes in relation to applicable technical standards
30 Changes in relation to applicable technical standards

             Scope

(1)     This section applies to an item if:

             (a)               a technical standard (the old technical standard) has been repealed and replaced by another technical standard (the new technical standard);

             (b)               on a particular date (the effective date) the old technical standard ceased to be an applicable technical standard, and the new technical standard became an applicable technical standard, in relation to the item; and

             (c)               the item was not supplied before the effective date.
      Manufacturer or importer of item taken to have done certain things
(2)     If, before the effective date, the manufacturer or importer of an item did any of the following things in relation to the old technical standard, in accordance with this Instrument as in force immediately before the effective date:
             (a)               prepared a compliance record, or any other documentation, for the item;
             (b)               applied a label to the item;
             (c)               met the requirements for an exemption from compliance with subsection 4(2) of Schedule 4;

then on and after the effective date:
             (d)               the thing done has effect as if it had been done in relation to the new technical standard; and
             (e)               for the avoidance of doubt, the manufacturer or importer is taken to have met any requirement of this Instrument to do such a thing in relation to the new technical standard.

            Example  If, before the effective date, the manufacturer or importer had properly completed a declaration of conformity for the item in relation to the old technical standard, then on and after the effective date the manufacturer or importer does not need to complete a declaration of conformity for the item in relation to the new technical standard.

      Compliance with old technical standard

    (3)     For the avoidance of doubt, if:
             (a)               a declaration of conformity for the item was not completed before the effective date;

             (b)               the new technical standard contains a provision to the effect that the item is taken to comply with that standard if the item complies with the old technical standard as in force immediately before the commencement of the new technical standard; and

             (c)               the manufacturer or importer seeks to rely on that provision;

      the manufacturer or importer must, before supplying the item, ensure that a person who makes a declaration of conformity for the item is reasonably satisfied that the item complies with that old technical standard.

      (4)     For the purposes of