portable warning triangles for motor vehicles.

• Provides third party assurance that a particular product fulfils the specified requirements of a nominated product standard. For the end users it provides a high degree of confidence that the product will perform according to the specified standard.
• Issues over 3000 licences
• Certifies clients in over 50 countries around the world
• Certifies in over 600 standards.

ACMA

comply.label@acma.gov.au)

Please see the following as well as additional comments embedded in your original email.

Assuming your devices do not incorporate any telecommunications interfaces or radiocommunications transmitters, you will only have to establish EMC compliance and ensure that they carry the RCM as described below.  If you require the telecommunication and/or radiocommunications and/or electromagnetic radiation compliance requirements please advise.

In addition to EMC compliance if the devices are mains powered,  they may also be required to have Australian electrical regulatory authority approval – please see the contact details below under the heading ‘Mains powered devices’.

Please see the following ACMA web page and the attached documents for further information on the Australian compliance and labelling requirements.

http://www.acma.gov.au/Industry/Suppliers/Supplier-resources/Supplier-overview

To establish EMC compliance you will need to obtain an EMC test report - if the device has CE approval it should only be a matter of obtaining a copy of the EMC test report from the manufacturer – the compliance requirements are indicated below under the heading “EMC compliance and labelling information”.

Most electrical/electronic devices are required to demonstrate Electromagnetic Compatibility (EMC) compliance and will be required to carry the Australian RCM label as they would probably be deemed to be an EMC compliance level 2 device.

You should be aware that there is no “approval”, “certification” or “type approval” process in Australia for the Australian Communications and Media Authorities (ACMA) mandated compliance and labelling regimes.  Also the ACMA does not “register” any equipment

Australia’s compliance regime is one of “self declaration of compliance” by the Australian based manufacturer or, in the case of devices manufactured outside Australia, the Australian based importer/supplier, of electrical/electronic/radiocommunications/telecommunications devices must ensure these devices comply with all of the applicable ACMA mandated Radiocommunications, Telecommunications, Electromagnetic Compatibility and Electromagnetic Radiation standards.

The Australian manufacturer/supplier must be registered to use the RCM, establish compliance records showing the device is compliant and must then label said devices with the RCM prior to supply of the devices to the Australian market. 

In addition, whether a device has FCC or CE Compliance or CE approval or if is compliant with European directives is simply not relevant in Australia as none of these are recognised here in Australia, just as the Australian compliance and labelling requirements are not recognised in Europe.  FCC approvals or CE compliance/approval or compliance with European directives are only applicable for the supply of items in the US or Europe not Australia.

CE markings used to indicate compliance with the European Community (EC) Directives have absolutely no validity in Australia in respect of the ACMA’s equipment compliance regimes (other than to indicate what European reports have been referenced), similarly an EC Declaration of Conformity is not recognised in Australia.

In Australia, CE marking or an FCC ID indicating compliance with overseas requirements:

·         does not mean the device can be supplied without an RCM compliance label; and
·         does not indicate or ensure compliance with any of the Australian regulatory arrangements; and
·         does not mean the device can be labelled with an RCM compliance label.

While some European or International reports, including CE test reports, may in certain circumstances be used to directly demonstrate compliance with the Australian requirements, others might only be indirectly used by an accredited laboratory to produce a report to an Australian mandated Standard. In either case, the overseas reports must be complete copies, in English.  CE Certificates are not acceptable as proof of EMC compliance in Australia.

You may need to engage the services of an independent consultant and/or a test laboratory to make the determination as to the applicability or otherwise of any overseas test reports.

After reading the supplied information, if you have further specific questions regarding applicable standards and/or self-declaration of compliance, please feel free to re-contact us via the comply.label webpage or by direct email to comply.label@acma.gov.au.  However, please be advised that the ACMA does not offer a consultancy service to assess, review or validate compliance documents and if you have difficulty understanding the compliance and labelling requirements, you may need to engage the services of a consultant and/or a test laboratory.

If you were to conduct an internet search on the term ‘compliance testing Australia’, using a popular search engine, the results will indicate several businesses who will be able to assist you.

This is no different than you having to engage the services of an accountant, or other suitably experienced/qualified person, to assist you in complying with the requirements of the taxation department if you are unable to do so yourself.

EMC compliance and labelling information

The EMC compliance and labelling requirements are contained in the document titled the ‘Radiocommunications Labelling (Electromagnetic Compatibility) Notice 2008’ (the Notice) which can be downloaded here;http://www.comlaw.gov.au/Details/F2013C00117

Extracts from the Notice;

1.4           Definitions

In this Notice:

high risk  device (or compliance Level 3) means a device described  as ‘Group 2 ISM equipment’ in AS/NZS CISPR 11:2004 (2nd  Edition).

low risk  device (or  compliance Level 1)  means a device that is neither:
(a)     a medium risk device;  nor
(b)     a high risk device

For Low Risk devices compliance labelling with the C-Tick compliance mark is voluntary.
1.6A      Meaning of medium risk device (or compliance Level 2)
(1)    In this Notice, subject to subsection (2), a device is a medium risk device if it is not a high risk device and contains 1 or more of the following:
(a)     a switch mode power  supply;
(b)     a transistor switching  circuit;
(c)     a microprocessor;
(d)     a commutator;
(e)    a slip-ring  motor;
(f)     an electronic device operating in a switching mode or a  non-linear mode.

From the above you will have to ascertain whether products would be deemed to be an EMC compliance level 1 or 2 device.  For an EMC compliance level 1 device compliance labelling is voluntary however for an EMC compliance level 2 or above device compliance labelling is mandatory – see below.
Registration as a Supplier  
In order to label a product which is subject to any of the compliance arrangements you must be registered to use the RCM.
Registration on the new database can only be done online here,
https://equipment.erac.gov.au/Registration/
You must have an ABN to reg ister.
Compliance Records

Prior to the supply of the device to the market, Australian based importers and/or manufacturers must establish compliance records for each device, or family (variants) of devices.   
The compliance records must be held by the importer or manufacturer in Australia or their agent who must also be in Australia.
You must retain this documentation. Do not send it to ACMA.  We will only ask to see it if we decide to audit your compliance documentation.

For an EMC  Compliance Level 1 – low risk device
Labelling with the RCM is voluntary.

However, whether the supplier chooses to label the device or not, they are still required to keep compliance records. 
The compliance records must include the following;
If voluntarily RCM labelled:
· A method of uniquely identifying the product (brochure, photograph, users manual etc), 
· A signed Declaration of Conformity (declaring conformity to the applicable EMC standard),
If not RCM labelled:
·A method of uniquely identifying the product (brochure, photograph, users manual etc), 
For an EMC Compliance Level 2 – medium risk  device
Labelling with the RCM is mandatory.

The compliance records must include the following;
1.        A method of uniquely identifying the product (brochure, photograph, users manual etc), 
2.        A signed Declaration of Conformity (declaring conformity to the relevant standard),
3.        A complete copy of the EMC test report to the relevant standard, in English.
· The EMC test report does not need to be from an accredited laboratory
· The report may be to the equivalent European or International standard
or,
4.        A technical construction file (TCF).
*Please see the definition of a TCF in the Notice
If the device has a ‘CE’ mark on it, the manufacturer may have had it tested it to obtain ‘CE’ approval, you may be able to use a complete copy, in English, of the European, or International, EMC test report to show compliance with our  EMC regime provided the manufacturers EMC test report is to one of the ACMA  mandated EMC Standards. 

The ACMA list of mandated EMC standards can be viewed here,http://www.acma.gov.au/Industry/Suppliers/Equipment-regulation/EMC-Electromagnetic-compatibility/emc-standards-list

The Supplier’s ‘Declaration of Conformity’ form can be downloadedhttp://www.acma.gov.au/~/media/Technical%20Regulation%20Development/Form/Word%20Document/C02%20-%20Suppliers%20declaration%20of%20conformity.doc

The ACMA does not specify which of these mandated EMC standards a manufacturer/supplier must show their devices comply with, as such the manufacturer/supplier is free to choose to demonstrate compliance to any one of the applicable Part 2 ‘Product family and equipment standards’ or, if there is no applicable Part 2 standard, then they must comply with one of the Part 1 ‘Generic standards’.

In cases where multiple Part 2 standards could apply then the supplier should choose the standard that most closely scopes the primary function of the device. In selecting the appropriate EMC standard it is expected that the manufacturer/supplier/EMC test laboratory will select the appropriate EMC standard from the Part 2 ‘Product family and equipment standards’ and only select one of the Part 1 ‘Generic standards’ if there is no applicable Part 2 standard. The manufacturer/supplier/EMC test laboratory should be able to justify the applicability of the chosen of standard, at the very least the chosen standard should scope the device in question. By way of example, for household appliances, power tools, battery operated tools, electric and electronic toys, heating appliances, kitchen machines, motor operated appliances etc, the applicable EMC standards would be any one of the following;
1.       European - EN 55014-1
2.       Australia/New Zealand - AS/NZS CISPR 14.1
3.       International Standard - CISPR 14-1 Please refer to the above web page for the applicable version(s) of the standards. Once the compliance documentation has been established the devices must then be labelled in the following manner, prior to supplying the device to the Australian market  (Note: this can also be done on the Supplier’s behalf by the overseas  manufacturer),



The RCM symbol must be at least 3mm high, a downloadable RCM image (in a number of formats) is available here,   http://www.acma.gov.au/webwr/_assets/main/lib312074/rcm_images.zip
Mains powered  devices

Please direct queries about the Electrical Equipment Safety System to the Electrical Regulatory Authorities Council (ERAC) via email,erac@justice.qld.gov.au

 Or by telephone on (07) 3405 6463

Regards

Stephen Harrison
Technical Regulation Development Section
Australian  Communications & Media Authority

ACMA labelling arrangements

The three existing compliance marks (C-Tick, A-Tick and RCM) are being consolidated into a single compliance mark—the RCM. The RCM indicates a device’s compliance with all applicable ACMA technical standards—that is, for telecommunications, radiocommunications, EMC and EME.

A national database has been designated for supplier registration. The database is jointly used with the Electrical Regulatory Authorities Council (ERAC). A supplier is not required to include supplier identification on devices labelled with the RCM.

When a supplier begins using the RCM (and registers on the national database) the supplier code number (previously issued by the ACMA to a supplier or agent) will not apply.

Suppliers may—voluntarily—include their own supplier identification on devices.

Electrical Equipment Safety System (EESS) 安全標準

A new Electrical Equipment Safety System (EESS) is being introduced by some state and territory electrical equipment safety regulators on 1 March 2013. The RCM will be the only compliance mark for devices within the scope of the EESS.

This means a single compliance mark covers all ACMA regulatory requirements as well as applicable state and territory electrical equipment safety requirements.

The transition arrangements for the EESS may vary to the ACMA.

Dear Daniel,
RCM is a registration system for importers in Australia. It is not a certification system. To comply with the RCM requirements, the importer should receive from the manufacturer an SAA certificate which covers electrical safety and an EMC report covering conducted emissions and any transmitting function. The importer must register their company and any equipment covered by the law and no other person or company can do this for them. When an overseas manufacturer gains an SAA certificate, the certificate details are uploaded to the RCM database by SAA automatically. This is the only interaction they can have with the RCM database. PLEASE “REPLY TO ALL” TO ENSURE FAST RESPONSE

Best regards
Matt Toohey Director
SAA Approvals Pty Ltd 5/20
Rivergate Place, Murarrie Qld 4172 P) + 61 7 3393 9455  F) + 61 7 3393 9499 M) +61 409 407 884 W) www.saaapprovals.com.au

Agency agreements - background 代理合約

The ACMA has compliance arrangements for telecommunications, radiocommunications, EMC and EME devices manufactured in or imported into Australia. The ACMA’s four labelling notices each require a supplier (an Australian manufacturer or importer) to ensure that devices meet applicable standards and labelling and record-keeping requirements before they are supplied to the market.

An Australian manufacturer or importer may authorise an Australian-based agent to carry out the compliance requirements on their behalf. In such instances, a written agency agreement must exist between the agent (in Australia) and the supplier (in Australia) that identifies the agent as the person responsible for the compliance arrangements on behalf of the supplier.

Any agreement between an overseas manufacturer and a local agent, under which the agent purports to assume regulatory responsibility for all devices brought into Australia by one or more importers, is not an agency agreement and does not absolve the importer(s) of their compliance obligations.

Agent registration under the new labelling arrangements

The ACMA arrangements do not preclude the use of an agent to manage a supplier’s compliance responsibilities. An agent can only assume responsibility for compliance of a device if the agent has a written agreement directly with the supplier of the device. An agent who has assumed supplier compliance responsibilities must register on the national database.

However, the EESS arrangements impose obligations on the first supplier of the device to the Australian market, and do not allow agents to assume the compliance responsibilities of first suppliers. The national database has only two registration options – ‘supplier’ or ‘consultant’. Therefore, the following ACMA agent registration arrangements apply:

An agent of a supplier of a device that is subject to ACMA-only requirements should:

• register as a ‘supplier’.

An agent of a supplier of a device that is subject to both ACMA and EESS requirements should:

• register as a ‘supplier’ for ACMA purposes
• register as a ‘consultant’ for EESS purposes
• ensure the first supplier of the device is registered as the supplier of the device for EESS purposes and has nominated the agent (‘consultant’) as their ‘preferred consultant’.

More information

More information on the ACMA labelling arrangements is available on the ACMA website.

More information on the ERAC EESS arrangements is available at www.erac.gov.au.

Please note: this document is intended as a guide only and should not be relied on as legal advice or regarded as a substitute for legal advice in individual cases.