Document ID: chunk:federal_register_of_legislation:C2021C00345:clause:4_300a:p1
Version: federal_register_of_legislation:C2021C00345
Segment Type: clause
Provision Reference: sch 4 cl 300A (pt 1/2)
Character Range: 127423–130191

300A  Transitional—failure to comply with requirements to be met after a label has been applied to a device

General rule
 (1) If:
 (a) before the commencement of this section, the ACMA gave a notice under repealed subsection 182(1); and
 (b) the notice specified requirements to be met after a label has been applied to a device;
a manufacturer or importer must comply with those requirements in relation to a label that was applied to a device before the commencement of this section.
Civil penalty: 20 penalty units.
 (2) Subsection (1) does not apply if the manufacturer or importer has a reasonable excuse.

Corporations power
 (3) If:
 (a) before the commencement of this section, the ACMA gave a notice under repealed subsection 182(1); and
 (b) the notice specified requirements to be met after a label has been applied to a device; and
 (c) a manufacturer or importer is a constitutional corporation;
the manufacturer or importer must comply with those requirements in relation to a label that was applied to a device before the commencement of this section.
Civil penalty: 20 penalty units.
 (4) Subsection (3) does not apply if the manufacturer or importer has a reasonable excuse.

Other legislative powers
 (5) If:
 (a) before the commencement of this section, the ACMA gave a notice under repealed subsection 182(1); and
 (b) the notice specified requirements to be met after a label has been applied to a device; and
 (c) before the commencement of this section, a manufacturer or importer manufactured or imported a device for the purposes of supply:
 (i) in the course of, or in relation to, constitutional trade or commerce; or
 (ii) to the Commonwealth; or
 (iii) to a Territory; or
 (iv) to an authority or instrumentality of the Commonwealth; or
 (v) to an authority or instrumentality of a Territory;
the manufacturer or importer must comply with those requirements in relation to a label that was applied to the device before the commencement of this section.
Civil penalty: 20 penalty units.
 (6) Subsection (5) does not apply if the manufacturer or importer has a reasonable excuse.

Constitutional trade or commerce
 (7) For the purposes of this section, constitutional trade or commerce means:
 (a) trade or commerce between Australia and places outside Australia; or
 (b) trade or commerce among the States; or
 (c) trade or commerce within a Territory, between a State and a Territory or between 2 Territories.

Transitional
 (8) If:
 (a) a notice was in force under repealed section 182 immediately before the commencement of this section; and
 (b) the notice specified requirements to be met after a label has been applied to a device;
then, despite the repeal of that section by the Radiocommunications Legislation Amendment (Reform and