Document ID: chunk:federal_register_of_legislation:F2023C00241:front:0:p15
Version: federal_register_of_legislation:F2023C00241
Segment Type: other
Provision Reference: 
Character Range: 37691–40754

modified item is imported, subsection (2) will apply, and subsection (3) may apply, to the importer.

      (3) If:

              (a)                the modification is not material; and

              (b)                the manufacturer or importer has:
                 (i)            completed a declaration of conformity for the unmodified item in accordance with subsection 20(1); and
                 (ii) prepared a written statement for the modified item in accordance with subsection (2);

      the manufacturer or importer is taken to have completed a declaration of conformity for the modified item consisting of the declaration and the statement referred to in paragraph (b).

            Note  If the modification is material, the manufacturer or importer must complete a declaration of conformity for the modified item in accordance with subsection 20(1).
(4)  For the purposes of subsections (2) and (3), the modification is material if the modification would or could reasonably be expected to affect whether the modified item complies with any applicable technical standard in relation to the modified item.

              Note  This section imposes additional requirements on an item that has been modified, by or on behalf of the manufacturer or importer of the item, after the item was manufactured or imported.  The item as modified must comply with each applicable technical standard in relation to the modified item before a compliance label is applied to that item.

Division 5 – Compliance records
22 Compliance records – general requirement
 (1) In this Instrument, compliance records, in relation to an item, means:

             (a) a written statement prepared for the item under:

                (i)       subsection 11(4);

                (ii)     subsection 21(2); or

                (iii)  subclause 6(3) of Schedule 4;

             (b) a declaration of conformity completed for the item under subsection 20(1);

             (c) a description of the item prepared under subsection 23(3);

             (d) an entry, for the item or (if the item is included in a class of items) the class, listed on a register established under subclause 10(1) of Schedule 4;

             (e) if subsection 9(3) applies to the item – a copy of the documentation that must accompany the item when supplied; and

             (f) if an agent of the manufacturer or importer of the item keeps compliance records in relation to the item pursuant to an agreement with the manufacturer or importer – the agreement.
 (2) For the purposes of this Instrument, a compliance record may form part of another compliance record.
Example A declaration of conformity for an item may contain a written statement prepared under subsection 11(4).  In that case, a manufacturer or importer would only need to keep the declaration of conformity to comply with the obligation to keep both of the compliance records.
23 Compliance records – specific requirements
 (1) A manufacturer or importer of an item must keep compliance records in relation to the item in