Document ID: chunk:federal_register_of_legislation:F2023C00241:front:0:p14
Version: federal_register_of_legislation:F2023C00241
Segment Type: other
Provision Reference: 
Character Range: 34992–38035

an applicable technical standard.
Note 2 A certificate issued under a law of a State or Territory that deals with the safety of electrical equipment may be called a "Certificate of Approval", a "Certificate of Conformity" or a "Certificate of Suitability".

             (b) a person may be reasonably satisfied that an item complies with an applicable technical standard (other than a high risk applicable technical standard) if:
                  (i) there is a statement prepared by a certification body or a test report containing information that indicates that the item or (if the item is included in a class of items) an item of the class complies with the applicable technical standard; and
                  (ii) the person has had regard to the document.
Note  Unlike paragraph (a), paragraph (b) does not limit the kinds of documents to which a person may have regard in order to be reasonably satisfied that an item complies with an applicable technical standard.

Division 4 – Additional requirements for modified items
21 Modified items
 (1) This section applies to a modified item.
 (2) The manufacturer or importer of the modified item must, before supplying that item, prepare a written statement that:

              (a) identifies the modified item;

              (b) identifies the modification which resulted in that item, being the difference between the item in its unmodified form (the unmodified item) and the modified item;

             (c) indicates whether the modification is or is not material and specifies the reason why the modification is or is not material;

             (d) if the modification is not material – contains the current model number of the modified item and the current model number of the unmodified item; and

             (e) is signed by:
                 (i) if the manufacturer or importer is a corporation – any of the following:
                    (A) a director of the manufacturer or importer;
                    (B) a secretary of the manufacturer or importer;
                    (C) a person authorised by the manufacturer or importer to make the statement;
                 (ii) if the manufacturer or importer is an individual – the individual; or
                 (iii) if the manufacturer or importer of the item is, or is part of, an entity that is neither a corporation nor an individual – any of the following:
                    (A)        an officer of the entity within the meaning of the Corporations Act 2001;
                    (B)        a person authorised by the manufacturer or importer to make the statement.
Note 1 See Note 2 to section 6.
Note 2 If a modification is made to an item outside Australia and the modified item is imported, subsection (2) will apply, and subsection (3) may apply, to the importer.

      (3) If:

              (a)                the modification is not material; and

              (b)                the manufacturer or importer has:
                 (i)            completed a declaration of conformity for the unmodified