Document ID: chunk:federal_register_of_legislation:F2024C00514:clause:5_54:p1
Version: federal_register_of_legislation:F2024C00514
Segment Type: clause
Provision Reference: sch 5 cl 54 (pt 1/4)
Character Range: 66684–69441

54  Exemption – particular manufacturers and importers exempt from labelling in relation to certain equipment

        (1) Subject to subsection (2), a person does not contravene a prohibition in subsection 25(5) or 25(6), or in section 27, or the obligation in subsection 28A(1), in relation to a device if:
           (a) the device:
              (i) is manufactured in Australia as part of a motor vehicle, or installed in Australia in a motor vehicle, or imported as part of a motor vehicle, by a member of the Federal Chamber of Automotive Industries (ACN 008 550 347) (FCAI); and
              (ii) is an integral part of the motor vehicle; or
           (b) the device:
              (i) is manufactured or imported by a member of the FCAI; and
              (ii) can only be operated if it is installed in a motor vehicle; or
           (c) the device is manufactured in Australia as part of a motor vehicle, or installed in Australia in a motor vehicle, or imported as part of a motor vehicle, by a member of the Construction & Mining Equipment Industry Group Inc, an incorporated association registered under the Associations Incorporation Act 2009 (NSW), with incorporation number INC9879927 (CMEIG); or
           (d) the device:
              (i) is manufactured or imported by a member of the CMEIG; and
              (ii) can only be operated if it is installed in a motor vehicle; or
           (e) the device is manufactured in Australia as part of a motor vehicle, or installed in Australia in a motor vehicle, or imported as part of a motor vehicle, by a member of the Tractor and Machinery Association of Australia (ACN 004 237 209) (TMA); or
           (f) the device:
              (i) is manufactured or imported by a member of the TMA; and
              (ii) can only be operated if it is installed in a motor vehicle.

        (2) The exemption in subsection (1) only applies to a person in relation to a device if the person complies with Part 3, and Part 4 or Part 5, of Schedule 3, as if the person had been required to apply a label to the device in accordance with Part 2 of Schedule 3.

        (3) In this clause, motor vehicle means a motor-powered road vehicle (including a 4 wheel drive vehicle).

            Note: This exemption only applies in relation to labelling requirements for the general standards and the EME standard. A device mentioned in this exemption must still not be possessed, operated or supplied if it does not comply with the EME standard or any general standard that is prescribed for the device: see Parts 2 and 4 of this instrument.

       54A  Exemption – devices used for significant events

        (1) A person does not contravene a prohibition in Part 2 of this instrument in relation to a