NEW ZEALAND GAZETTE, No. 148

4 NOVEMBER 2010

3724

(ii) the standards applicable to particular classes of products;

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

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

2. Interpretation

(a) In this notice, unless the context otherwise requires:

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 Limited and Standards New Zealand.

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

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

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

Product means any interfering equipment which is a radio transmitter.

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

Regulations means the Radiocommunications Regulations 2001.

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) Subject to subsection (b) and except for a radio transmitter operating in conformity with a spectrum licence granted under section 48(1) of the Act, every product must comply with the applicable standard for that type of product 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) 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 ACMA Radiocommunication Standard or an AS/NZS 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 ACMA Radiocommunication Standard or AS/NZS standard, must conform to that amended or modified 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) All products must comply with the requirements of Table 2 of this notice.

(b) If a product is in a class to which Table 1 of this notice applies, the product must comply with the applicable standard to the level of conformity specified in that Table.

(c) If a product is in a class to which Table 1, part 4, Land Mobile and Fixed Services, of this notice applies, use of the product must conform to the requirements of the Radio Spectrum Management Public Information Brochure 38 (PIB 38).

(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 4702, or a notice in replacement thereof.