Pursuant to Regulation 32 (1) (h) and (j) of the Radiocommunications Regulations 2001, the chief executive, Ministry of Economic Development, hereby gives the following notice.
N o t i c e
1. Title, commencement and purpose
(a) This notice is the Radiocommunications (Regulatory Harmonisation) Notice 2005.
(b) This notice comes into force on 1 November 2005.
(c) This notice prescribes:
(i) classes of products, being interfering equipment as defined in section 2 (1) of the Radiocommunications Act 1989, that are exempt from the need to be the subject of a declaration of conformity; and
(ii) arrangements for the recognition of foreign accredited testing bodies.
2. Interpretation
Unless the context otherwise requires, 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. Asia-Pacific Economic Community
For the purposes of Regulation 32 (1) (h), an “accredited testing body” means, in relation to subsection (iii) of that interpretation, a designated test facility as defined in Part II Section 12.2 (Mutual Recognition of Test Reports) of the “APEC Mutual Recognition Arrangement On Conformity Assessment Of Electrical And Electronic Equipment”.
4. Australia
(a) If a product is of a class to which the Radiocommunications (EMC Standards) Notice 2004 applies, or a notice in replacement thereof, the product is exempt from the requirement to be the subject of a New Zealand declaration of conformity if the product is declared, labelled and supplied in accordance with the Radiocommunications (Compliance Labelling - Incidental Emissions) Notice 2001, or a notice in replacement thereof, issued by the Australian Communications and Media Authority (ACMA) under section 182 of the Australian Radiocommunications Act 1992.
(b) If a product is of a class to which the Radiocommunications (Radio Standards) Notice 2004 applies, or a notice in replacement thereof, and the applicable standard is an ACA Radiocommunications Standard specified in that notice, the product is exempt from the requirement to be the subject of a New Zealand declaration of conformity if the product is declared, labelled and supplied in accordance with the Radiocommunications (Compliance Labelling) Notice 2003, or a notice in replacement thereof, issued by the Australian Communications and Media Authority (ACMA) under section 182 of the Australian Radiocommunications Act 1992.
5. European Community
For the purposes of Regulation 32 (1) (h), an “accredited testing body” means, in relation to subsection (iii) of that interpretation, a designated conformity assessment body as defined in Section II of:
(a) the Sectoral Annex on Telecommunications Terminal Equipment; and
(b) the Sectoral Annex on Electromagnetic Compatibility,
to the Agreement on Mutual Recognition in relation to Conformity Assessment between New Zealand and the European Community.
6. Singapore
For the purposes of Regulation 32 (1) (h), an “accredited testing body” means, in relation to subsection (iii) of that interpretation, a test facility as defined in Section 3.1 of Annex 4.1 (Product Chapter on Electrical and Electronic Equipment) of the Agreement between New Zealand and Singapore on a Closer Economic Partnership.
7. Taiwan
For the purposes of Regulation 32 (1) (h), an “accredited testing body” means, in relation to subsection (iii) of that interpretation, a designated test facility as defined in Paragraph 2 of Part 1 (Definitions) of the Arrangement between the New Zealand Commerce and Industry Office and the Taipei Economic and Cultural Office in New Zealand in relation to Facilitating Trade in Electrical and Electronic Products.
8. Revocation
The Radiocommunications (Regulatory Harmonisation) Notice 2004, made pursuant to Regulation 32 of the Radiocommunications Regulations 2001 and published in a Supplement to the New Zealand Gazette, 12 December 2003, No. 170, page 4719, is hereby revoked on 1 November 2005.
7. Transitional provision
Notwithstanding the revocation of the notice set out in clause 8, 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.
Dated at Wellington this Monday, the 10th day of October 2005.
SANJAI RAJ, Group Manager, Radio Spectrum Management, Business Services, Ministry of Economic Development.
Explanatory Note
This note is not part of the notice, but is intended to indicate its general effect.
This notice prescribes:
(a) classes of products, being interfering equipment as defined in section 2 (1) of the Radiocommunications Act 1989, that are exempt from the need to be the subject of a declaration of conformity; and
(b) arrangements for the recognition of foreign accredited testing bodies.