Document ID: chunk:federal_register_of_legislation:C2024C00742:section:417:p2
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 417 (pt 2/3)
Character Range: 997448–1000089

a written determination made by the ACMA.
 (8) A reference in this section to a protected symbol is a reference to:
 (a) the symbol known in the telecommunications industry as the C‑Tick mark:
 (i) the design of which is set out in a written determination made by the ACMA; and
 (ii) a purpose of which, after the commencement of this section, is to indicate compliance by customer equipment or customer cabling with applicable section 376 standards; or
 (b) a symbol:
 (i) the design of which is set out in a written determination made by the ACMA; and
 (ii) a purpose of which, after the commencement of this section, is to indicate compliance by customer equipment or customer cabling with applicable section 376 standards; or
 (c) a symbol:
 (i) the design of which is set out in a written determination made by the ACMA; and
 (ii) a purpose of which, after the commencement of this section, is to indicate non‑compliance by customer equipment or customer cabling with applicable section 376 standards.
 (9) For the purposes of this Part, if:
 (a) a label is applied to customer equipment or customer cabling; and
 (b) the label embodies a symbol referred to in paragraph (8)(a) or (b);
the label is taken to indicate that the equipment or cabling meets the requirements of each applicable section 376 standard.
 (10) For the purposes of this Part, if:
 (a) a label is applied to customer equipment or customer cabling; and
 (b) the label embodies a symbol referred to in paragraph (8)(c);
the label is taken to indicate that the equipment or cabling does not meet the requirements of each applicable section 376 standard.
 (11) For the purposes of this section, a section 376 standard is taken to be applicable in relation to customer equipment or customer cabling if, and only if, the standard was specified in the section 407 requirement that dealt with the manufacture or importation of the equipment or cabling.
 (12) A determination made by the ACMA under subsection (7) or (8) is a legislative instrument.
 (13) In addition to its effect apart from this subsection, this section also has the effect it would have if a reference in subsection (1) to a person were, by express provision, confined to a corporation to which paragraph 51(xx) of the Constitution applies.
 (14) In addition to its effect apart from this subsection, this section also has the effect it would have if each reference in subsection (1) to use, or to application, were a reference to use or application, as the case may be, in the course of, or in relation to:
 (a) trade or commerce between Australia and places outside Australia; or
 (b) trade or commerce