Document ID: chunk:federal_register_of_legislation:F2024C00514:clause:4_6:p1
Version: federal_register_of_legislation:F2024C00514
Segment Type: clause
Provision Reference: sch 4 cl 6 (pt 1/2)
Character Range: 123814–127240

6     Normally used more than 20 centimetres from the human body                                                             100 kHz and 100 GHz                             Assessment methods set out in:
                                                                                                                                                                             (a) AS/NZS 2772.2; or
                                                                                                                                                                             (b) C95.3

Part 4—Transitional

       5  Standard – transitional provisions

        (1) If an applicable device is manufactured in Australia before the commencement day, or not later than 12 months after the commencement day, the device is taken to comply with the EME standard if it complies with the Radiocommunications (Electromagnetic Radiation – Human Exposure) Standard 2014, as in force immediately before the commencement day.

        (2) If an applicable device is imported before the commencement day, or not later than 12 months after the commencement day, the device is taken to comply with the EME standard if it complies with the Radiocommunications (Electromagnetic Radiation – Human Exposure) Standard 2014, as in force immediately before the commencement day.

        (3) If an applicable device:
           (a) is manufactured in Australia; and
           (b) before the commencement day, or not later than 12 months after the commencement day, is altered or modified in a material respect;
         the device, as altered or modified, is taken to comply with the EME standard if it complies with the Radiocommunications (Electromagnetic Radiation – Human Exposure) Standard 2014, as in force immediately before the commencement day.

        (4) If an applicable device:
           (a) is imported; and
           (b) before the commencement day, or not later than 12 months after the commencement day, is altered or modified in a material respect;
         the device, as altered or modified, is taken to comply with the EME standard if it complies with the Radiocommunications (Electromagnetic Radiation – Human Exposure) Standard 2014, as in force immediately before the commencement day.
 (5) In this clause, commencement day means the day this clause commenced.

       6  Measurement methods – transitional provisions

        (1) If:
           (a) an applicable device:
              (i) was manufactured in Australia or imported before the amendment day; or
              (ii) is manufactured or imported not later than 12 months after the amendment day; and
           (b) item 5 of the table in clause 4, as in force immediately before the amendment day:
              (i) applied to the device; or
              (ii) would have applied to the device if the item continued to have the same effect on or after the amendment day;
         then, despite subclause 3(4), whether the device complies with the standard in subclause 3(2) must be:
           (c) measured in accordance with one or more of the measurement methods specified for the device in item 5 of the table in clause 4 as in force immediately before the amendment day; or
           (d) measured in accordance with one or more of the measurement methods or computed in accordance with one or more of the computational procedures specified for the device