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Introduction TheACMA’s labelling arrangements changed on 1 March 2013. These questions andanswers provide guidance on the implementation of the RCM as the only mark toindicate compliance with the applicable ACMA technical standards and associatedrecord-keeping (including testing) arrangements.
Thenew ACMA labelling arrangements commenced on 1 March 2013 and are being phasedin over a three-year transition period.
Thesequestions and answers should be read in conjunction with the information on theACMA labelling arrangements available on the ACMA website.
Thesequestions and answers apply to use of the RCM under the ACMA regulatoryarrangements only. Some answers include a note alerting suppliers to relatedElectrical Equipment Safety System (EESS) requirements implemented by some stateand territory governments. More information on the EESS requirements isavailable from www.erac.gov.au or contact the ElectricalRegulatory Authorities Council (ERAC) Secretariat via email at erac@justice.qld.gov.au.
Thisdocument is intended as a guide only and should not be relied on as legaladvice or regarded as a substitute for legal advice in individual cases.
DefinitionsFirst-timesupplier Asupplier who is supplying devices for the first time after 1 March 2013 (anddoes not have a supplier code number).
Supplier codenumber A suppliercode number (SCN) issued to a person in accordance with a labelling notice madeby the ACMA under the TelecommunicationsAct 1997 or Radiocommunications Act1992, or by Standards Australia in accordance with AS/NZS 4417.1 priorto 1 March 2013.
Device Refersto both specified customer equipment and customer cabling under the Telecommunications Act 1997, and adevice under the Radiocommunications Act1992. A ‘device’ refers to an actual physical product, rather than aparticular line or type of products.
Commencementdate 1 March2013
Transitionperiod 1 March2013 to 29 February 2016
Consolidatedcompliance markWhat is the purpose of labelling? Labellingis a fundamental element of the ACMA technical regulation regime, indicatingcompliance with all applicable ACMA technical standards and associatedrecord-keeping (including testing) arrangements. A compliance label providesretailers with an indication that a device is suitable for market placement.
Theuse of regulatory compliance labels is only one aspect of the broadercompliance regime. By imposing requirements at the point of supply, labellingrequirements are intended to limit the supply of non-compliant devices to themarket. What does the RCM indicate? TheRCM indicates a device’s compliance with all applicable ACMA technicalstandards—that is, for telecommunications, radiocommunications, EMC and EME—andassociated record-keeping (including testing) arrangements—and with applicablestate and territory electrical equipment safety requirements.
How are the ACMA requirements for theRCM specified?
Whatis happening to the C-Tick and A-Tick? The labellingnotices have been amended to allow the use of the C-Tick and A-Tick on deviceslabelled before or during the transition period only. For further details, seethe Transition period section ofthis FAQ.
Commencementof new arrangementsWhendid the arrangements start? Thearrangements commenced on 1 March 2013.
Whendoes the transition period end? Thetransition period will end three years after the commencement date—that is, 29 February2016.
SuppliersWhodo the new arrangements apply to? Thenew arrangements apply to first-time suppliers (those who have not been issuedwith a SCN) on 1 March 2013 and to all suppliers from the end of the transitionperiod—29 February 2016.
Whatarrangements will apply to suppliers who have a supplier code number? Transitionalarrangements apply to suppliers who were issued with a SCN prior to 1 March2013).
CompliancearrangementsTo what devices does the RCM apply? Thedevices within the scope of the labelling notices have not altered as a resultof using the RCM. The use of the RCM has not changed any of the other ACMAregulatory requirements applying to devices.
Doesthe use of the RCM change the types of devices required to be labelled? No.A device that was required to be labelled under the previous ACMA arrangementsstill has to be labelled under the current arrangements.
Note: The EESS arrangements require that allequipment within the scope of the electrical equipment safety regulations mustbe labelled with the RCM. More information on the equipment required to belabelled under the EESS arrangements is available on the ERACwebsite.
Does use of the RCM change thecompliance and labelling arrangements that apply to a variant of a device? No. The compliance and labellingarrangements that applied to a variant of a device under the previousarrangements are reflected in the new arrangements.
Does theuse of the RCM involve changes to the compliance arrangements? No.The changes will not affect the device compliance requirements of the relevantregulatory arrangements. Testing, record-keeping and evidential requirements(for example, a declaration of conformity) continue to be set out in therelevant labelling notices.
Doesthe compliance label need to identify the supplier of the device? No.The requirement for supplier identification has been removed. A supplier is notrequired to include supplier identification on devices labelled with the RCM.
Whywas the requirement for supplier identification removed? > The ACMA’s complianceactivities typically focus on the supply chain. The absence of supplieridentification is not expected to have a detrimental impact on the ACMA’scompliance activities. > The requirement for ACMAsupplier identification may suggest that the supplier is also responsible forEESS compliance. This may not be the case, particularly where a local agent isused for ACMA (but not EESS) requirements. > Supplier identificationrequirements may increase suppliers’ compliance costs, notably where they mustmake special arrangements with an overseas manufacturer to ensure the supplieridentification is included on the device. > The ACMA is aware that somesuppliers have attempted to use the supplier code number as a way to preventparallel importation—a function of supplier identification that was neverintended originally. Parallel importing is a matter properly addressed underconsumer protection, trademark and other relevant law.
Is electronic labelling with the RCMallowed? Yes.The arrangements for use of electronic labelling continue to apply to the RCM.
Whatlabel do I apply to a non-compliant telecommunications device that is compliantwith EMC/EME/radiocommunications requirements? Thedevice can be labelled with the RCM but must also display the existingnon-compliance statement in order to comply with the TelecommunicationsLabelling Notice.
TreatyobligationsHow does the Trans-Tasman MutualRecognition Agreement (TTMRA) affect the arrangements? A devicethat is labelled for supply into Australia will generally be eligible forsupply into New Zealand, and vice versa. The New Zealand Ministry of EconomicDevelopment (MED) supports the introduction of a consolidated compliance markand is amending its labelling requirements to give effect to the RCM. The ACMA hasworked closely with MED to ensure the regulatory arrangements in both Australiaand New Zealand are consistent with each country’s obligations under the TTMRA.
Note: Certain radio transmitter devices areexempt from the TTMRA due to different spectrum frequency allocations betweenthe two countries.
Isthe RCM accepted in New Zealand to indicate compliance with telecommunicationsrequirements? No.The RCM is not a recognised mark in New Zealand for telecommunications.
Note: More information on New Zealand’sregulatory requirements is available from www.rsm.govt.nz/cms.
I am a supplier of telecommunicationsdevices in New Zealand—can I also supply these devices in Australia? Yes,but only if you have established Australian telecommunications compliance forthe devices—a New Zealand ‘Telepermit’ is not acceptable in Australia.
TransitionperiodDo I need to relabel existing devices? No.Devices labelled with the C-Tick/A-Tick in accordance with the previous requirements(including during the transition period) do not need to be relabelled and canremain on the market with their current label. This includes devices that havebeen labelled, but not supplied to the market (for example, factory stock).
DoI need to recall/relabel devices? No.Devices labelled in accordance with the existing requirements (or during thetransition period) are permitted to remain on the market.
If the same typeof device has been manufactured prior to 1 March 2016, can devices in the sameproduct line continue to be labelled with the C-Tick/A-Tick after 1 March 2016? No.All devices that are physically labelled from 1 March 2016 must be labelledwith the RCM. This is regardless of whether the same type of item haspreviously been labelled with the C-Tick/A-Tick.
Do I need to use the RCM from 1 March2013? Onlyfirst-time suppliers need to use the RCM from 1 March 2013. For suppliers issuedwith a supplier code number prior to 1 March 2013, a transition time frame ofthree years applies to the labelling of new devices. This gives those supplierstime to develop new artwork and modify production equipment and software.
Can I start using the RCM before the endof the transition period? Suppliersissued with a supplier code number prior to 1 March 2013 can register on the nationaldatabase and start labelling devices with the RCM at any time during thetransition period.
Ifa device labelled with a C-Tick/A-Tick is imported (but not placed on themarket) prior to the end of the transition period will it have to be relabelledwith the RCM before it can be sold? No.A device that is labelled with the C-Tick/A-Tick prior to the end of thetransition period by or for a supplier who has been issued with a supplier codenumber by the ACMA prior to 1 March 2013, can be supplied after that date.However, all unlabelled devices supplied from the end of the transition periodthat need a label must use the RCM.
Ifstock of a device is labelled with the C-Tick/A-Tick prior to the end of thetransition period but the labelled stock is located offshore and has not beensupplied in Australia, will it have to be relabelled with the RCM before it can
be sold? No.All stock that is labelled with the C-Tick/A-Tick prior to the end of thetransition period by or for a supplier who has been issued with a supplier codenumber by the ACMA prior to 1 March 2013 can continue to be supplied after thatdate.
Ihave a supplier code number. Do I have to use the RCM from 1 March 2013? No. Asupplier who has been issued with a supplier code number by the ACMA prior to 1March 2013 can continue to use the C-Tick/A-Tick on devices labelled during thetransition period.
I do not have asupplier code number. Do I have to use the RCM? Yes.All first-time suppliers who are required to label their devices must use theRCM.
Can I label mydevices with the RCM if I am not registered on the national database? No.A supplier must register on the national database before applying the RCM. Iam registered to use the RCM (via the Standards Australia process under AS/NZS4417: Regulatory compliance mark for electrical and electronic equipment) priorto 1 March 2013. Can I label devices with the RCM without the complianceinformation? No.Before using the RCM without compliance information, you must register on the nationaldatabase.
Note: A supplier that has labelled devices withthe RCM prior to 1 March 2013 as per the Standards Australia process underAS/NZS 4417 can continue to supply those devices during the transition period.However, the supplier must be registered on the national database prior to theend of the transition period.
I have deviceslabelled with the C-Tick/A-Tick but I do not have a supplier code number. Do Ineed to relabel the devices with the RCM? Asupplier who has labelled devices but who did not first satisfy the regulatoryrequirements (for example, be issued with a supplier code number) is in breachof the Radiocommunications Act (section 187) and/or the Telecommunications Act (section 417).
Willtransitional arrangements for Austel and Telecom permits be affected by the newarrangements? No.The arrangements only apply to devices labelled from 1 March 2013 or after thetransition period.
CostsWhat are the implementation costs toindustry? Theidentified costs principally relate to the operation of the various regulatoryrequirements in the ACMA labelling notices (for example, the means by which thelabel is applied).
The production costs that may arise withthe changeover to the RCM will vary according to the placement of thecompliance mark on the device: > Mark is embossed or mouldedonto the device—initial capital costs of retooling or modifications to toolingwhere the mark needs to be added and/or other marks removed. > Mark is on a label that isaffixed to the device—changes to artwork, print plates and screens. > Mark is printed on the deviceor on a compliance plate at time of manufacture or at a downstream point in thesupply chain—changes to production equipment and software systems. > Mark is printed on thepackaging of the device and on the accompanying documentation—changes toartwork, print plates and screens. > Mark is an e-label on thein-built electronic display—changes to software systems. Thethree-year transition timetable will enable a supplier to minimise theseproduction costs.
Willregistering on the national database under the ACMA arrangements incur
a fee? No.A supplier registering on the national database only for the purposes of theACMA arrangements will not incur a fee.
Note: Under the EESS, electrical equipmentsupplier registration will incur a fee.
Underthe previous arrangements, I had to pay a fee to use the RCM. Do I have to paya fee to use the RCM under the new arrangements? No.Although the RCM registration process through Standards Australia incurred afee, a supplier using the RCM under the new ACMA arrangements will not incur afee.
Note: Under the EESS, electrical equipmentsupplier and equipment registration on the database will incur a fee.
Mydevice has to be labelled for EMC purposes so I will have to register on the nationaldatabase. However, my device isn’t required to be labelled under the EESSrequirements. Do I have to pay a registration fee? No.A supplier registering on the national database only under the ACMA arrangements will not incur a fee.
Relationshipto EESSWhat is the regulatory relationship betweenthe proposed ACMA arrangements and the EESS? The ACMA labelling notices are madeunder the Telecommunications Act and the Radiocommunications Act. The EESS iscreated by state and territory electrical equipment safety legislation. The tworegulatory areas are therefore distinct. The ACMA has no regulatoryresponsibility for the EESS arrangements.
If my device is not coveredby the EESS, can I apply the RCM for ACMA requirements only? Yes.A supplier applying the RCM to meet the ACMA labelling requirements is notrequired to then automatically meet electrical equipment safety requirementsfor applying the RCM (for example, certificate of suitability orapproval)—unless those electrical equipment safety requirements applyindependently to the relevant device.
Mydevice is a low-risk (level 1) EMC device, but is subject to EESS arrangementsand must be labelled. Do I need to hold an EMC test report for the devicebecause it is labelled? No.A supplier required under the EESS arrangements to apply the label to a devicebut who is not required to label the device under the ACMA arrangements (forexample, a ‘low-risk’ EMC device) is not required to hold an EMC test reportbut the device must be compliant tothe applicable EMC Standard.
Willit be confusing if AS/NZS 4417 does not describe the ACMA requirements for theRCM? To ensuresuppliers of electrical equipment are aware that they may also have obligationsunder the ACMA arrangements, AS/NZS 4417 outlines the ACMA labellingrequirements. However, AS/NZS 4417 refers suppliers to the ACMA labelling noticesfor the detail of the regulatory requirements.
Can I continue to use an agent to meetmy compliance obligations? TheACMA arrangements do not preclude the use of an agent to manage a supplier’scompliance responsibilities. An agent can only assume responsibility forcompliance of a device if the agent has a written agreement directly with the importer of the device. Anagreement between the overseas manufacturer and a local agent, under which theagent purports to assume regulatory responsibility for devices imported byanyone, does not absolve the importer of their compliance obligations.
TheEESS arrangements will impose obligations on the first supplier of the deviceto the Australian market, and do not allow for agents to be registered on the nationaldatabase. Registration arrangements for agents of suppliers subject to the ACMAarrangements are described in the following section.
Ifthe EESS is not adopted nationally, what will be the impact on the ACMAarrangements? Thedecision by one or more state or territory governments to not adopt the EESSdoes not affect the application of the ACMA regulatory arrangements. Suppliersshould check with state and territory electrical regulatory authorities’ jurisdictionsthat have not adopted the EESS to determine the implications oflabelling devices with the RCM in these jurisdictions.
SupplierregistrationDo I need to register on the national databaseto use the RCM? Yes.A supplier who intends to supply devices that are required to be labelled withthe RCM must register on the national database. Only one registration isallowed for each supplier. Under the ACMA arrangements, a supplier who has beenissued with a supplier code number prior to 1 March 2013 has three years fromthe commencement date to register on the database.
I have a supplier code number. Do I needto register on the national database? Yes,before the end of the transition period. The data from the old ACMA supplier codenumber database will not be migrated to the national database. A supplier whointends to supply devices that are required to be labelled must register on thenational database before the end of the transition period.
Note: The EESS transition arrangements mayvary to the ACMA arrangements.
I am registered to use the RCM. Do Ineed to register on the national database? Yes,a supplier who intends to supply devices that are required to be labelled mustregister on the national database before the end of the transition period. Thedata from the existing RCM registrations maintained by Standards Australia willnot be migrated to the national database. Before using the RCM under the newarrangements, a supplier must register on the national database.
Note: The EESS transition arrangements mayvary to the ACMA arrangements.
DoI need to register on the national database and with Standards Australia to usethe RCM? No.The Standards Australia registration process has been discontinued.
Isthe ACMA supplier code number database available during the transition period? No.The ACMA supplier code number database is not available for new registrations. First-timesuppliers of devices required to be labelled under the ACMA regulatoryarrangements must register on the national database.
IsStandards Australia registration available during the transition period? No. First-timesuppliers of devices required to be labelled under the ACMA regulatoryarrangements must register on the national database.
I have a supplier code number. Do I needto register immediately? No. Asupplier who has been issued with a SCN prior to 1 March 2013 and is continuingto supply devices must register on the national database before the end of thetransition period.
Note: The EESS transition arrangements mayvary to the ACMA arrangements.
I have a supplier code number. Do I haveto wait until the end of the transition period to start using the RCM? No,you can register on the national database and commence using the RCM at anytime during the transition period.
Note: The EESS transition arrangements mayvary to the ACMA arrangements. Ihave a supplier code number but I do not intend to place new devices on themarket. Do I need to register on the national database? No. Iam an authorised agent for an importer and assume all supplier complianceresponsibilities. Am I required to register on the national database? Yes. However, the EESS arrangements donot allow for agents to be registered as suppliers on the national database. Therefore,the following arrangements apply: Scenario1—Agents of suppliers of devices that are subject to both ACMA and EESSrequirements cannot register as the supplier on the national database. Theagent should identify him/herself as a ‘consultant’ on the national databasefor EESS purposes. The agent should separately register as a supplier for ACMApurposes in order to carry out all ACMA compliance activity on behalf of thesupplier. Scenario2—Agents of suppliers who are subject to ACMA-only requirements can register asa ‘supplier’. DatabaseWhat organisations use the nationaldatabase? The national database is used jointly bythe ACMA and some state and territory electrical safety regulators.
How do I register on the nationaldatabase? Registrationis available through a link on the ACMA website. Registration must be renewedannually.
What information do I have to provide? The nationaldatabase displays different registration requirements depending on whether thesupplier also supplies devices within the scope of the EESS. A supplier must providetheir name, ABN and the contact details of the company.
What if I need to registerfor both ACMA and EESS requirements? Theregistration process includes options to register for both requirements.
Note: The EESS requirementsinclude registration for higher risk equipment. For more information, pleasecontact the ERAC Secretariat via email at erac@justice.qld.gov.au.
Do I have to register twice (for EESSand ACMA requirements)? No.A supplier can only have one registration on the national database. A suppliermay complete the requirements for EESS registration and the requirements forACMA registration at the same time or separately (via later login).
Who has access to my information? The nationaldatabase is publicly accessible. All interested parties (including approvedregulators, suppliers, retailers and consumers) have access to details ofregistered suppliers (and equipment if subject to the EESS).
Does database registration involve afee? A supplier of devices subject only tothe ACMA labelling requirements does not have to pay a registration fee.
Note: Under the EESS, electrical equipmentsupplier registration does incur a fee.
Whydo I need to re-register every year? Re-registrationensures that supplier details are current. A reminder email will be sent priorto the expiry date.
Whathappens if I fail to re-register? If asupplier does not re-register, their registration will expire and they willreceive an email notification. The supplier will be permitted to re-activatetheir expired registration.
WillI need to register my devices? TheACMA arrangements do not require a supplier to register devices covered by theACMA labelling notices.
Note: Under the EESS, a supplier may berequired to register details of devices.
CanI amend my details after registration? Yes,the online registration process allows a supplier to login and updateregistration details at any time. This is an advantage of the onlineregistration process.
Ifa division of a business is sold, do the new entities need to amend theirregistration? Asupplier should update their registration details on the national database within30 days of the changes occurring (that is, change of address, company nameetc).
Note: Under the EESS, equipment registrationcan be transferred to another supplier.
CanI transfer the database registration number (issued following registration onthe new database) to another supplier? No.The database registration number is unique to the supplier.
SupplieridentificationWhat changes have been made to thesupplier identification requirements? Therequirement for supplier identification has been removed—a supplier does nothave to include supplier identification on labelled devices.
DoI have to include a supplier code number on labelled devices? No.The labelling notices do not require a supplier to label devices with asupplier code number.
CanI continue to use the supplier code number issued to me when I previouslyregistered with the ACMA to use the C-Tick/A-Tick? Asupplier who has been issued with a supplier code number by the ACMA prior to 1 March2013 can continue to use the supplier code number with the C-Tick/A-Tick untilthe end of the transition period. When a supplier begins using the RCM, thesupplier code number will not apply. A supplier may, however, voluntarilyinclude any form of unique supplier identification on the device.
CanI use the database registration number (issued following registration on the nationaldatabase) for supplier identification? Whena supplier labels a device with the RCM, the labelling notices do not requirethat the device must identify the supplier of the device. A supplier may,however, voluntarily include any form of unique supplier identification on thedevice. CanI include my own identifier with the RCM to differentiate my devices from devicessupplied by another person? Yes.Any supplier may include their own supplier identification to manage theircompliance responsibilities.
MoreinformationHow can I find out moreinformation?
Questions about the EESS should bedirected to the ERAC Secretariat via email at erac@justice.qld.gov.au.WillI be kept informed about the implementation? Updateswill be available on the ACMA website.
Howcan I get copies of the amended ACMA labelling notices? TheACMA labelling notices are available on the Federal Register of LegislativeInstruments (FRLI) and through the ACMAwebsite.
Where can I getan image of the RCM? Information about the downloadable RCM and adownloadable high resolution image of the RCM is available on the ACMA website.
How do I registeron the national database? Information about registering on the nationaldatabase is available on the ACMA website.
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