Document ID: chunk:federal_register_of_legislation:F2024C00514:clause:3_4:p2
Version: federal_register_of_legislation:F2024C00514
Segment Type: clause
Provision Reference: sch 3 cl 4 (pt 2/4)
Character Range: 101260–104128

prepared the report to test whether the device complies with the EME standard; and
           (ca) if the test report relates to the device's compliance with a general standard – state whether the device complies with the general standard; and
           (cb) if the test report relates to the device's compliance with a general standard – describe the test conducted on the device; and
           (d) state the results of each test described in the test report, including any measurement or evaluation data obtained from the test; and
           (e) if the test report relates to the device's compliance with the EME standard – state whether the methods or procedures, used to test whether the device complies with the EME standard, comply with Part 3 of Schedule 4; and
           (f) if:
              (i) Part 3 of Schedule 4 specifies measurement methods, assessment methods or computational procedures for the device by reference to a document; and
              (ii) the test report describes those methods or procedures; and
              (iii) the document sets out requirements for a test report for a test that uses those methods or procedures (test report requirements);
            comply with the test report requirements; and
           (g) not be 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).

Part 4—Requirements to be met after applying a label

       14  Requirement – creating and keeping records – generally

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

        (2) A person (labeller) who applies a label to a device in accordance with Part 2 of this Schedule must keep the following records (compliance records) in accordance with this clause:
           (a) a declaration of conformity for the device, made in accordance with clause 9; and
           (b) a description of the device, prepared in accordance with Part 3 of this Schedule; and
           (c) a test report or other document obtained in accordance with Part 3 of this Schedule; and
           (d) if subclause 5(6) applies to the device – a record made in accordance with subclause (3);
           (e) if subclause (4) applies to the labeller – a record made in accordance with subclause (4);
           (f) if subclause (5) applies to the device – a record made in accordance with subclause (5).

        (3) If subclause 5(6) applies to 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