Document ID: chunk:federal_register_of_legislation:F2024C00514:clause:3_4:p3
Version: federal_register_of_legislation:F2024C00514
Segment Type: clause
Provision Reference: sch 3 cl 4 (pt 3/4)
Character Range: 103885–106794

a device, the labeller must create a written record of:
           (a) the reasons why subclause 5(6) applies to the device; and
           (b) where on the packaging of the device a label is applied.

        (4) If a labeller arranges for an agent to keep records on the person's behalf for the purposes of this clause, the labeller must create a written record of the agency agreement between the labeller and the agent.

        (5) If a device is a variant of another device (the first device), the labeller must create a written record of the variant that:
           (a) identifies the first device; and
           (b) identifies the variant; and
           (c) describes the differences between the first device and the variant; and
           (d) if the first device is an applicable device – provides a technical rationale for why the variant complies with the EME standard; and
           (da) for each general standard prescribed for the first device – provides a technical rationale for why the variant complies with the general standard; and
           (e) if the first device is an applicable device – includes evidence that the electromagnetic exposure caused by the variant is not likely to exceed that of the first device; and
           (f) is not false or misleading in a material particular.

            Note: It is a serious offence to give false or misleading information (see section 137.1 of the Criminal Code).

        (6) A compliance record for a device must be kept during the period:
           (a) commencing on the day the record is created; and
           (b) ending on the day occurring 5 years after the device is first supplied to a person.

        (7) A compliance record must be in English.

        (8) For the avoidance of doubt, a compliance record may be:
           (a) a copy of an original document; or
           (b) kept in electronic form.

Part 5—Transitional

       15  Requirement – applying a label – transitional provisions

        (1) For the purposes of subsection 28A(1) of this instrument, paragraph (2)(f) sets out a requirement to be met by a person after the person applies a label to a device in accordance with Part 2 of this Schedule.

        (2) If:
           (a) an applicable device complies with the Radiocommunications (Compliance Labelling – Electromagnetic Radiation) Notice 2014, as in force immediately before the commencement day; and
           (b) before the commencement day a person applied a label to the device in accordance with the Radiocommunications (Compliance Labelling – Electromagnetic Radiation) Notice 2014, as in force at the time the person applied the label to the device; and
           (c) before the person applied the label to the device, the person complied with Part 2 of the Radiocommunications (Compliance Labelling – Electromagnetic Radiation) Notice 2014, as in force at the time the person applied