Document ID: chunk:federal_register_of_legislation:F2024C00514:clause:3_2:p2
Version: federal_register_of_legislation:F2024C00514
Segment Type: clause
Provision Reference: sch 3 cl 2 (pt 2/7)
Character Range: 84627–87448

device (the second device) is a variant of another device (the first device) if the second device is both:
           (a) not identical to the first device; and
           (b) sufficiently similar to the first device such that:
              (i) a standard that is prescribed for the first device is also prescribed for the second device; and
              (ii) if the first device complies with that standard, the second device also complies with that standard; and
              (iii) if the first device does not comply with that standard, the second device also does not comply with that standard.

        (3) If, for an applicable device, the RPS S-1 Advisory Note provides that the evaluation of mobile or portable transmitting equipment for compliance with the ARPANSA standard is not required, the applicable device is a EME compliance level 1 device.

        (4) If:
           (a) a person manufactures or imports a kind of equipment; and
           (b) this Schedule requires the person to do a thing in relation to a device the person manufactures or imports (the relevant requirement); and
           (c) the device is an item of that kind of equipment;
         the person is taken to comply with the relevant requirement for each device of that kind of equipment the person manufactures or imports if:
           (d) each device of that kind of equipment is identical; and
           (e) subject to paragraphs (f) and (g), the person complies with the relevant requirement for one device of that kind of equipment (the model device); and
           (f) the person complies with the relevant requirement for the model device from the first time the person must, but for the effect of this subclause, comply with the relevant requirement in relation to a device of that kind of equipment; and
           (g) where a person must continue to meet the relevant requirement during a period – the person continues to comply with the relevant requirement for the model device during the period:
              (i) beginning at the first time the person must, but for the effect of this subclause, comply with the relevant requirement in relation to a device of that kind of equipment; and
              (ii) ending at the last time the person must, but for the effect of this subclause, comply with the relevant requirement in relation to a device of that kind of equipment.

        (5) If:
           (a) a person manufactures or imports a kind of equipment (the first kind of equipment); and
           (b) the person manufactures or imports another kind of equipment (the second kind of equipment); and
           (c) each device of the second kind of equipment is a variant of a device of the first kind of equipment;
           (d) a provision in Part 3 of this Schedule requires the person to do a thing in