Document ID: chunk:federal_register_of_legislation:F2024C00514:clause:3_2:p4
Version: federal_register_of_legislation:F2024C00514
Segment Type: clause
Provision Reference: sch 3 cl 2 (pt 4/7)
Character Range: 89732–92479

a general standard

        (5) If:
           (a) a device is manufactured in Australia; and
           (b) a general standard is prescribed for the device;
         the person who manufactured the device must apply a label to the device in accordance with this Part.

        (6) If:
           (a) a device is imported; and
           (b) a general standard is prescribed for the device;
         the person who imported the device must apply a label to the device in accordance with this Part.

            Note: If both subclauses (2) and (5), or both subclauses (3) and (6), apply in relation to a device, see subsection 6(2).

       4  Who may apply a label to a device

        (1) For the purposes of subclauses 3(2) and (5), a person who manufactures a device (manufacturer) is taken to apply a label to the device if the label is applied by an agent of the manufacturer, by a person who is authorised to apply the label by the manufacturer, or by a person who is authorised to apply the label by an agent of the manufacturer.

        (2) For the purposes of subclauses 3(3) and (6), a person who imports a device (importer) is taken to apply a label to a device if the label is applied by an agent of the importer, by a person outside Australia who is authorised to apply the label by the importer, or by a person outside Australia who is authorised to apply the label by an agent of the importer.

       5  The label

       General requirements for the label and applying the label

        (1) The label must be:
           (a) the RCM; or
           (b) a QR code, or similar thing, if the relevant link is to information on a website that complies with subclause (8).

        (1A) If the device is a wireless audio transmitter that is capable of operating in the frequency band 694 MHz to 820 MHz, the label must also include the following text in bold type:

           This device operates under an ACMA class licence and must comply with all conditions of that licence, including frequencies. In order to comply, this device must not be operated in the 694-820 MHz band.

            Note: At the time this subclause commenced, Schedule 5 prescribed the Short Range Equipment Standard for wireless audio transmitters operated under the Radiocommunications (Low Interference Potential Devices) Class Licence 2015.

        (2) Subject to subclause (6) and clause 6, the label must be applied to the surface of the device in a place that is readily accessible to a user of the device .

        (3) The label must be durable.

        (4) The label must be applied:
           (a) permanently; or
           (b) in a way that makes removal or obliteration difficult.

        (5) Subject to subclause (5A), the label must be