Document ID: chunk:federal_register_of_legislation:F2023C00241:front:0:p27
Version: federal_register_of_legislation:F2023C00241
Segment Type: other
Provision Reference: 
Character Range: 74796–77325

compliance label has been applied, but only if the register clearly distinguishes between:

              (a) items or classes of items to which a compliance label has been applied; and

              (b) items or classes of items to which a compliance label has not been applied.
 (5) Each entry for an item or class of items listed on the register must be clearly distinguished entries for different items or classes of items listed on the register.

Part 4 – Applying a non-compliance label and preparing a written statement
11 Requirement to apply a non-compliance label and prepare a written statement

       (1) If:

              (a) there are one or more applicable technical standards in relation to an item; and

              (b) the item does not comply with each standard referred to in paragraph (a);
      this clause applies to the item.

       (2)     The manufacturer or importer of the item must, before supplying the item:
         (a)               apply a non-compliance label to the item; and
             (b)               prepare a written statement in relation to the item;
      in accordance with Part 5.

            Note The requirement to apply a non-compliance label to an item involves affixing the label to the external surface of the packaging used for the item and incorporating the label in the documentation that accompanies the item when supplied.

Part 5 – Form and application of a non-compliance label and preparation of a written statement
12 Form of a non-compliance label
      (1)     A non-compliance label applied to an item must contain a statement to the effect that the item does not comply with each applicable technical standard in relation to the item.

            Note   In this Part, a reference to an item is a reference to an item to which clause 11 applies.
      (2)     The statement must be:

             (a)               in English; and

             (b)               printed in a font of not less than 12 points.
 (3) A non-compliance label must be durable.
    13 Application of a non-compliance label
      (1)    A non-compliance label must be applied, in accordance with subclause (2), permanently or in a way that makes removal or obliteration difficult.
      (2)    A non-compliance label must be:

         (a) affixed to the external surface of the packaging used for the item;

             (b)               clearly visible on that external surface; and

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