Document ID: chunk:federal_register_of_legislation:C2004A05139:clause:1_60
Version: federal_register_of_legislation:C2004A05139
Segment Type: clause
Provision Reference: sch 1 cl 60
Character Range: 38382–39272

60  After subsection 160(1)
Insert:

 (2) If the device referred to in subsection (1) is a non-standard device solely because of non‑compliance with an EMC standard, subsection (1) does not apply to the supply of the device unless:
 (a) the person referred to in that subsection is a corporation to which paragraph 51(xx) of the Constitution applies; or
 (b) the supply referred to in that subsection was:
 (i) supply in the course of, or in relation to, trade or commerce between Australia and places outside Australia; or
 (ii) supply in the course of, or in relation to, trade or commerce among the States; or
 (iii) supply in the course of, or in relation to, trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or
 (iv) supply to the Commonwealth, to a Territory or to an authority or instrumentality of the Commonwealth or of a Territory.