Document ID: chunk:federal_register_of_legislation:C2016C00900:clause:2_188a:p2
Version: federal_register_of_legislation:C2016C00900
Segment Type: clause
Provision Reference: sch 2 cl 188A (pt 2/3)
Character Range: 129099–131689

determination made by the ACA; and
 (ii) a purpose of which, after the commencement of this section, is to indicate compliance by a device with:
 (A) any applicable standards; and
 (B) any applicable class licences; or
 (b) a symbol:
 (i) the design of which is set out in a written determination made by the ACA; and
 (ii) a purpose of which, after the commencement of this section, is to indicate compliance by a device with:
 (A) any applicable standards; and
 (B) any applicable class licences; or
 (c) a symbol:
 (i) the design of which is set out in a written determination made by the ACA; and
 (ii) a purpose of which, after the commencement of this section, is to indicate non‑compliance by a device with:
 (A) applicable standards; and
 (B) any applicable class licences.
 (9) For the purposes of this Division, if:
 (a) a label is applied to a device; and
 (b) the label embodies a symbol referred to in paragraph (8)(a), or (b);
the label is taken to indicate that the device meets the requirements of:
 (c) each applicable standard; and
 (d) each applicable class licence.
 (10) For the purposes of this Division, if:
 (a) a label is applied to a device; and
 (b) the label embodies a symbol referred to in paragraph (8)(c);
the label is taken to indicate that the device does not meet the requirements of:
 (c) each applicable standard; and
 (d) each applicable class licence.
 (11) For the purposes of this section, a standard or class licence is taken to be applicable in relation to a device if, and only if, the standard or licence was specified in the subsection 182(1) notice that dealt with the manufacture or importation of the device.
 (12) A determination made by the ACA under subsection (7) or (8) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
 (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 among the States; or
 (c) trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or
 (d) the supply of