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NEW ZEALAND GAZETTE, No. 43

19 APRIL 2007

3. Scope

(a) Except for a radio transmitter operating in conformity with a spectrum licence granted under section 48(1) of the Act, every product that is a radio transmitter is subject to the provisions of this notice and may only be used pursuant to and in conformity with:

(i) a general user radio licence granted by the chief executive under the Regulations.

(ii) a general user spectrum licence granted by the chief executive under section 55A of the Act.

(iii) a radio licence granted by the chief executive under the Regulations.

(iv) an exemption from the requirement for a radio licence granted by the chief executive under the Regulations.

(b) The frequency, frequencies and power of a radio transmitter product to which subsection (a) applies must be in conformity with a licence, or exemption from the requirement for a licence, irrespective of any frequency, or frequencies, or transmitter power otherwise specified in an applicable standard prescribed in Table 1.

(c) If a product fits any of the following descriptions, the product is exempt from the requirement to be the subject of a declaration of conformity and to be labelled. The products are:

(i) short range device (SRD) radio transmitters installed in vehicles at the time of manufacture.

(ii) military radio transmitters of the New Zealand Defence Force.

(iii) military radio transmitters of the defence force of another country operating in co-operation with the New Zealand Defence Force.

4. Applicable standards

(a) For the purposes of Regulation 32(1)(a), (b), (c) and (d), the applicable standards and levels of conformity apply to specified classes of product as provided in the tables to this notice.

(b) Unless expressly stated to the contrary in this notice:

(i) an amendment or modification to an applicable standard is effective from the date specified by the authority issuing the amendment or modification.

(ii) a product that is first supplied one year or more after the effective date of an amendment or modification to an applicable standard, must conform to that amended or modified applicable standard.

(c) If an applicable standard is an ACMA Radiocommunications Standard, assessment of conformity of a product to that standard, including the electromagnetic radiation (EMR) performance of the product, must be in accordance with the requirements of:

(i) relevant notices issued by the Australian Communications and Media Authority under section 182 of the Australian Radiocommunications Act 1992; and

(ii) applicable standards made by the Australian Communications and Media Authority under subsection 162(1) of the Australian Radiocommunications Act 1992.

5. Conformity requirements

(a) If a product is in a class to which Table 1 of this notice applies, the product must conform to the requirements of an applicable standard specified in Table 1.

(b) If a product is not in a class to which a standard prescribed in Table 1 of this notice applies, the product must, as a minimum, comply with the requirements of Table 2 of this Schedule.

(c) Any product must, as a minimum, comply with the requirements of Table 2 of this Schedule.

(d) The supplier of a product to which subsection (a) applies must comply with the level of conformity requirements applying to that product as prescribed in the Radiocommunications (Compliance) Notice 2004, published in a Supplement to the New Zealand Gazette, 12 December 2003, No. 170, page 4714, or a notice in replacement thereof.

6. Revocation

The Radiocommunications (Radio Standards) Notice 2005 No. 2, made pursuant to Regulation 32 of the Radiocommunications Regulations 2001 and published in the New Zealand Gazette, 13 October 2005, No. 175, page 4397, is hereby revoked on 19 April 2007.

7. Transitional provision

Notwithstanding the revocation of the notice set out in clause 6, every product that is compliant with the requirements of that notice on the commencement date of this notice is deemed to be compliant with the requirements of this notice.

TABLE 1 – Radio Standards