Record-keeping: EME mobile and portable | ACMA

Record-keeping: EME mobile and portable

The record-keeping obligations for products subject to the electromagnetic energy (EME) regulatory arrangements are specified in the Radiocommunications (Compliance Labelling - Electromagnetic Radiation) Notice 2014 (the EME LN) and require a supplier to obtain and hold specified compliance records.   

These records help to:

  • accurately identify the product
  • provide information about compliance of the product with the Radiocommunications (Electromagnetic Radiation-Human Exposure) Standard 2014 (the Human Exposure Standard)
  • confirm the supplier’s reasonable satisfaction that all products of the same class supplied comply with the Human Exposure Standard.

Specific record-keeping requirements

A compliance record must be in English, may be a copy of the original record, and may be kept in electronic form.

A supplier must ensure the compliance records for the product are available for inspection as required by the EME LN.

A supplier or agent, must retain compliance records for five years after the supplier ceases to supply the product in Australia.

Compliance records

Compliance records must be appropriate for each compliance level and consist of:

Required records:

  • a Declaration of Conformity (DoC)
  • a description of the product.
  • test reports for some products or other supporting documentation, showing the product conforms with the applicable technical standard
  • modified product information
  • a copy of any agency agreement between an agent and a supplier.

Additional records that may be required:

A description of each compliance record is set out below.

Declaration of Conformity

A DoC is a document signed by or on behalf of the supplier asserting that the supplier fulfils the obligations in the EME LN and the product complies with the Human Exposure Standard.

The format of the DoC is flexible, a supplier may create their own form. However, any declaration must contain, as a minimum, all of the information listed in the sample DoC (Form C02) on the ACMA website.

Completing the Declaration of Conformity

The person signing the declaration must sight the evidence that supports the declaration and be satisfied that the evidence contained within the compliance records is sufficient to demonstrate compliance with the Radiocommunications (Electromagnetic Radiation-Human Exposure) Standard 2014 (the Human Exposure Standard).

There are significant penalties for knowingly or willingly providing false or misleading information.

Description of a product

A description of a product must include sufficient information for a person to determine whether the particular product is identical to the product for which a DoC, test report or assessment against the applicable standard was prepared.

The description of the product may include photographs, a sketch or other pictorial representations of the product illustrating its internal and external aspects.

Test reports

The test report that forms part of the compliance record must show as a minimum:

  • the tests conducted
  • the results of the tests, including any test data
  • whether the results of the test show that the product meets the standard.

It is not necessary to hold the original test report with the compliance records. However, any copy must be accompanied by a signed statement that the copy of the test report is a true and complete copy of the original; that is, the copy should be endorsed by the holder of the original report.

Modified product information

If the product is a modified version (variant) of the original product, information on the variant can be added to the compliance record. This information should include a statement by the supplier that identifies the product and the variant, and describes the differences between the product and the variant, and either:

Where the variation affects the performance of the product to the applicable standard—a test report showing that the variant complies with the applicable standard. The test report has the same requirements under the compliance level as the original report for the product.

 Where the variation does not affect the performance of the product—a statement that explains how the variation does not affect conformity with the applicable standard. This statement must be signed by the supplier.

A supplier must not apply a compliance label to the modified product unless the product meets the requirements of each applicable standard at the required compliance level.

Agency agreement

A manufacturer or importer engaging the services of an agent must have a written agency agreement with the agent.

The agreement allows an agent to act as the representative for compliance with the ACMA regulatory arrangements.

A copy of the agreement must be kept with the required compliance documentation.

More information can be found on the Agency agreements page.

Documentary evidence for each compliance level

Compliance level one

Documentary evidence must include:

  • a DoC
  • a description of the product.

Compliance level two

Documentary evidence must include:

  • a DoC
  • a description of the product
  • a test report that shows conformity of the product with the Human Exposure Standard that includes:
    • the measurements or evaluation methods that were used
    • the results of the measurements or evaluations, including any measurement or evaluation data
    • whether the results of the measurements or evaluations show that the product meets the applicable standard.

Compliance level three

Documentary evidence must include:

  • a DoC
  • a description of the product
  • a test report conducted by an accredited testing body that shows conformity of the product with the Human Exposure Standard that includes:
    • the measurements or evaluation methods that were used
    • the results of the measurements or evaluations, including any measurement or evaluation data
    • whether the results of the measurements or evaluations show that the product meets the applicable standard.

Availability of compliance records for inspection

Compliance records must be available for inspection by the ACMA upon request. The ACMA may request records as part of an audit or an investigation.

In some cases, the records may not be enough to establish conformity. The ACMA can require a supplier to obtain additional evidence including conducting additional testing at an accredited laboratory.

Next:

Register on the national database and apply a compliance label to the product.

Last updated: 18 January 2017