18 DECEMBER 2008 NEW ZEALAND GAZETTE, No. 195 5159

(iii) the level of conformity applicable to a class of product.

(iv) products that are exempt from the need to be the subject of a declaration of conformity.

2. Interpretation

(a) For the purposes of Table 1 of this notice:

“ACMA Radiocommunications Standard” means a standard made by the Australian Communications and Media Authority under subsection 162(1) of the Australian Radiocommunications Act 1992.

“ANSI/TIA” means a joint standard or specification published by the American National Standards Association and the Telecommunications Industry Association Standards.

“ARIB” means a standard published by the Association of Radio Industries and Businesses in Japan.

“AS/NZS” means a joint Australian/New Zealand standard under the terms of the Active Co-operation Agreement between Standards Australia International Limited and Standards New Zealand.

“CFR” means the Code of Federal Regulations of the United States of America.

“EN” means a standard published by the European Telecommunications Standards Institute, commonly known as ETSI. These standards are recognised by the European Committee for Electrotechnical Standardisation, commonly known as CENELEC, and in the past have been prefixed by “ETS”, “ETSI”, “ETSI TS”, “ETSI ETS” or “ETS EN”.

“IEC” means a standard or specification published by the International Electrotechnical Commission.

“RFS” means a standard or specification published by the Chief Executive of the Ministry of Economic Development.

“TIA TSB” means a Telecommunications Systems Bulletin published by the Telecommunication Industry Association Standards.

(b) Other words and expressions contained in this notice that are defined in the Act, Regulations and notices made under the Regulations, have the meanings so defined.

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.