Document ID: chunk:federal_register_of_legislation:F2024C00514:clause:5_22
Version: federal_register_of_legislation:F2024C00514
Segment Type: clause
Provision Reference: sch 5 cl 22
Character Range: 28884–30475

22  Prohibition – supply and the EME standard
 (1) A person must not supply a device that does not comply with the EME standard.
 (2) Subsection (1) does not apply where:
 (a) a person holds a permit that authorises the person to supply a device; and
 (b) the permit specifies the EME standard;
 (c) the person supplies a device that does not comply with the EME standard; and
 (d) the supply occurs in accordance with the permit.
 (3) Subsection (1) does not apply unless:
 (a) the person mentioned in subsection (1) is a constitutional corporation; or
 (b) the supply mentioned in subsection (1) is, or would be, in the course of, or in relation to:
 (i) trade or commerce between Australia and places outside Australia; or
 (ii) trade or commerce among the States; or
 (iii) trade or commerce within a Territory, between a State and a Territory, or between two Territories; or
 (iv) the supply of goods or services to the Commonwealth, to a Territory or to an authority or instrumentality of the Commonwealth or of a Territory; or
 (v) the provision or use of a postal, telegraphic, telephonic or other like service; or
 (vi) the defence of Australia; or
 (vii) the operation of lighthouses, lightships, beacons or buoys; or
 (viii) astronomical or meteorological observations; or
 (ix) an activity of a constitutional corporation; or
 (x) banking, other than State banking; or
 (xi) insurance, other than State insurance; or
 (xii) weighing or measuring.
 (4) Subsection (1) does not apply if an exemption applies.

Part 5—Prohibitions and obligations in relation to labelling notices