Document ID: chunk:federal_register_of_legislation:F2023C00241:front:0:p18
Version: federal_register_of_legislation:F2023C00241
Segment Type: other
Provision Reference: 
Character Range: 45706–48560

than three, of the items comply with the applicable technical standard; or

               (b) a written statement prepared by a certification body stating whether three, or fewer than three, of the items comply with the applicable technical standard.
 (2) The manufacturer or importer who receives a notice under this section must, within 30 working days after the day the notice is received, or such longer period as is specified in writing by an authorised officer, comply with the notice.
      (3) The ACMA is not liable for any costs incurred by the manufacturer or importer in complying with a notice under this section.

Part 7 – Savings and transitional arrangements

Division 1 – Transitional arrangements in relation to the previous Notice
28 Item labelled in accordance with previous Notice not later than two years after commencement

(1)     This section applies to an item if:

             (a) the manufacturer or importer of the item has applied a compliance label (within the meaning of section 1.4 of the previous Notice) to the item not later than two years after the commencement of this Instrument; and

             (b) the manufacturer or importer has met all of the requirements of the previous Notice in relation to the application of the label.
      (2)     The manufacturer or importer is taken to have met all the requirements of this Instrument in relation to the application of the label to the item.

          Note If an item has been labelled in accordance with the previous Notice not later than two years after the commencement of this Instrument, the manufacturer or importer of the item is not required to label the item in accordance with this Instrument.
      (3)     The manufacturer or importer must comply with:

             (a)               any other requirements of this Instrument that apply in relation to the item; or

             (b)               any other requirements of the previous Notice that would have applied in relation to the item had the previous Notice not been revoked.
      (4)     If the manufacturer or importer complies with subparagraph 3(b):

             (a)               this Instrument (apart from this section) does not apply in relation to the item; and

             (b)               the previous Notice continues to apply in relation to the item as if the previous Notice had not been revoked.

Division 2 – Transitional arrangements in relation to the use of the A-tick
29 Manufacturer or importer may use the A-tick instead of the RCM

(1)     This section applies to an item if the manufacturer or importer applies a compliance label to the item before 1 March 2016.
 (2) Despite subsection 10(1), the label applied to the item may be in the form of the A-tick (instead of the RCM) no smaller than 3 mm in height.

Division 3 – Transitional arrangements following