Document ID: chunk:federal_register_of_legislation:F2023C00241:front:0:p12
Version: federal_register_of_legislation:F2023C00241
Segment Type: other
Provision Reference: 
Character Range: 29780–32643

external surface; and

             (c) incorporated in the documentation that accompanies the item when supplied.

      16 Preparation of a written statement and obligation to keep the statement
       (1) A written statement prepared under paragraph 13(2)(b) in relation an item must:

         (a) identify the item; and

         (b) specify:
                 (i) where, on the external surface of the packaging used for the item and in the documentation referred to in paragraph 15(2)(c), each non-compliance label has been applied; and
                 (ii) the wording of the statement contained in each non-compliance label.
Note   See Note 2 to section 6.
 (2) A written statement prepared under paragraph 13(2)(b) in relation to an item must be kept for the period:

              (a) commencing:
                  (i) if the item is included in a class of items – when the original item, or (in the case of a modified item) the original modified item, of the class is supplied in Australia; or
                   (ii) otherwise – when the item is supplied in Australia; and

              (b) ending two years after the item or all items of the class cease to be supplied in Australia, whichever is the later.

Part 5 – Declaration of conformity and record keeping requirements

Division 1 – Application of this Part
17 Application of Part 5

This Part applies to:
         (a) an item to which section 9 applies; and
             (b) an item to which clause 4 of Schedule 4 applies.

Division 2 – Registration on national database
18 Registration on national database before compliance label is applied
 (1) A manufacturer or importer of an item must:

              (a) if the item is an item to which section 9 applies – before applying a compliance label to the item; or

              (b) if the item is an item to which clause 4 of Schedule 4 applies – before supplying the item;

  be registered within the meaning of subsection (2).
 (2) For the purposes of subsection (1), a manufacturer or importer of an item is registered only if the manufacturer or importer is registered on the national database.
19 Registration on national database
 (1) To be registered on the national database, a manufacturer or importer of an item (the person) must provide to the database:

             (a) the person's ABN;

             (b) one of the following:
                 (i) if the person is a body corporate – the name and ACN of the body corporate;
                 (ii) if the person is an individual – the name of the individual;
                 (iii) in any case – a business name that is used by the person in connection with its business in relation to the supply of items and that is registered as a business name under the Business Names Registration Act 2011;

             (c) the person's address in Australia; and

             (d) if