Dear George,

The changes in the Telecom and Radio Acts mean that there are now
criminal penalties imposed upon the 'Permit Holder' [importer or
(Australian) manufacturer] of equipment that breaches the conditions of
the Acts.  An example of the penalties are given below :-

Extract from The tics Newsletter Vol.1 Iss.2

Section 407 of the Telecommunications Act 1997 states that a penalty
unit is equivalent to Aus$110 [see s4AA of the Crimes Act 1914], it also
states that ....
1.      A false declaration on the Approval Application Form by an
individual is 100 penalty units and 500 penalty units for a corporation.
2.     If found guilty of supplying unlabelled customer equipment, the
'Permit Holder' is punishable on conviction of a fine not exceeding 100
penalty units.
3.     If found guilty of supplying labelled customer equipment before
meeting any of the requirements under Section 408(5) of the Act, the
'Permit Holder' will face a fine not exceeding 100 penalty units.
4.     If found guilty of failing to retain records of the approved
customer equipment, the 'Permit Holder' will face a fine not exceeding
100 penalty units.
5.     If found guilty of applying labels to the approved customer
equipment which contain false statements about compliance with
standards, the 'Permit Holder' will face a fine not exceeding 120
penalty units. (Currently equal to Aus$13,200)

You mentioned ITE, what exactly are you intending to import as there may
be additional compliance areas you may need to consider.  The type of
equipment will also determine whether third party test reports are
mandatory.  Only EMC Emissions are currently required, testing of ITE &
Telecoms equipment to AS/NZ 3548 must be performed by a suitably
accredited RTA (NATA Recognised Testing Authority).  You will also need
to consider AS/NZ 3260 (equiv. IEC 950) and TS 001 if your product is
Telecom related.  Test reports must be held in the compliance folder and
made available for inspection by the appropriate regional office of the
ACA.

My company European Technology Services (Australia) Pty Ltd operate an
Australian Agency Service (AAStm) which takes on the legal
representation liabilities for Australia and ultimately act as the
competent engineering function required by the ACA. The advantage of
having an independent organisation, with none of the usual commercial
hang-ups associated with distributors, is that you only have one
supplier code number to apply and only one set of compliance
documentation to update.  Leaving the distribution channels open to ship
product.

 
You may wish to browse the ACA web site http://www.sma.gov.au/ for
further confirmation of applicable requirements.
 
Send me an email off-line if you need further guidance on the standards
or compliance areas you will need to consider.
 
Best regards, Edward Fitzgerald
 
Director, European Technology Services
Specialist Communications Compliance Consultancy 
With offices in the UK, Australia and Canada

[email protected]

-----Original Message-----
From: UMBDENSTOCK, DON [ mailto:[email protected]]
Sent: 01 March 1999 13:13
To: [email protected]; 'Sparacino,George'
Subject: RE: C Tick..


George,

See Comments below.

> ----------
> From:         Sparacino,George[SMTP:[email protected]]
> Reply To:     Sparacino,George
> Sent:         Friday, February 26, 1999 4:25 PM
> To:   [email protected]
> Subject:      C Tick..
>
> Good day,
>
> I was asked to investigate what is required to obtain the "C tick" for
> our products.
>
> Our products have been evaluated to the applicable stds as prescribed
by
> the EMC directive for ITE equipment (emissions & immunity).
>
>
> My Questions:
>
> I understand that the c tick marking is a required marking of EMC
> approval for electronic devices.  Does this cover both emissions &
> immunity ?   or just emissions ?
>
> Just emissions.
>
> Can I request applications myself (I'm in the USA) or do I need an
> Australian rep to do this ?
>
An Australian National must make the initial application that assigns a
number to your products via the importer or the Australian branch of
your
company.  This number is part of the C-tick mark logo placed on each
product.

> Could I present my existing reports / certificates (created to satisfy
> EMC directive), or am I required to generate new ones in a specified
> (ACA) report format.
>
Your existing reports are sufficient to be legal.  However, in the case
of
conflict, the results of an Australian lab have the final say.

> Thanks for any help you can give me.
> George
>
>
Good luck,

Don Umbdenstock
Sensormatic

The comments above are my opinions and do not necessarily reflect that
of my
company.
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