Document ID: chunk:federal_register_of_legislation:C2021C00345:clause:4_45
Version: federal_register_of_legislation:C2021C00345
Segment Type: clause
Provision Reference: sch 4 cl 45
Character Range: 142055–144753

45  Transitional—Radiocommunications (Compliance Labelling—Electromagnetic Radiation) Notice 2014

Scope
(1) This item applies to an instrument if:
 (a) the instrument was in force immediately before the commencement of this item; and
 (b) the instrument was given under subsection 182(1) of the Radiocommunications Act 1992; and
 (c) the instrument was known as the Radiocommunications (Compliance Labelling—Electromagnetic Radiation) Notice 2014.

Effect of instrument
(2) The instrument has effect, after the commencement of this item, as if:
 (a) it had been made as equipment rules under subsection 156(1) of the Radiocommunications Act 1992; and
 (b) any requirement imposed by the Radiocommunications Act 1992 or the Legislation Act 2003 in relation to the making of the instrument (including a requirement about the form of words) had been satisfied; and
 (c) the words "for Division 7 of Part 4.1 of the Act" in the definition of agent in subsection 4(1) of the instrument were omitted and the words "for the provisions of the equipment rules that relate to obligations to apply labels to devices" were substituted; and
 (d) the reference to subsection 267(1) of the Radiocommunications Act 1992 in paragraph (a) of the definition of authorised officer in subsection 4(1) of the instrument were a reference to subsection 284(1) of that Act; and
 (e) the words "a notice made by the ACMA under section 182 of the Act" in paragraph (b) of the definition of supplier code number in subsection 4(1) of the instrument were omitted and the words "the equipment rules" were substituted; and
 (f) the words "labelling notice made under the Radiocommunications Act 1992" were omitted from the heading to section 8A of the instrument and the words "set of equipment rules" were substituted; and
 (g) the words "another notice made under subsection 182(1) of the Act, as in force from time to time," were omitted from section 8A of the instrument and the words "another set of equipment rules" were substituted; and
 (h) the words "other notice made under subsection 182(1) of the Act" were omitted from the note to section 8A of the instrument and the words "other set of equipment rules" were substituted; and
 (i) the note to subsection 10(1) of the instrument were omitted; and
 (j) the words "Under section 187A of the Act, a supplier that fails to comply with a specific requirement that must be met after a label has been applied to a device may be subject to a pecuniary penalty." were omitted from note 1 to section 10A of the instrument; and
 (k) the note were omitted from Part 1 of Schedule 1 to the instrument; and
 (l) the note were omitted from Part 2 of Schedule 1 to the instrument.