Commonwealth Numbered Acts

RADIOCOMMUNICATIONS ACT 1983 No. 130, 1983 - SECT 12

Division 2-Compliance statements and compliance statement certificates
Compliance statements and compliance statement certificates

12. (1) Subject to this section, upon application in accordance with the
appropriate approved form, the Minister shall issue to the applicant a
certificate in writing authorizing the applicant and, if the certificate so
specifies, his agents, to apply, in a specified manner, to a specified device,
or a device included in a specified class of devices, a statement in
accordance with the appropriate approved form certifying that the device
complies with a specified standard as in force on a specified date.

(2) For the purposes of this section, the Minister may, if he considers it
necessary to do so, by notice in writing served on the applicant, request the
applicant-

   (a)  to submit the device, or a device included in the class of devices, as
        the case may be, to the Minister at a place and time specified in the
        notice, for the purpose of examination; or

   (b)  to permit the Minister to examine the device or a device included in
        the class of devices, as the case may be.

(3) Where-

   (a)  the Minister is not satisfied that a device the subject of an
        application under sub-section (1) complies with a standard applicable
        to it; or

   (b)  an applicant under sub-section (1) refuses or fails, without
        reasonable excuse, to comply with a request served on him in pursuance
        of sub-section (2),
the Minister shall refuse to issue a compliance statement certificate.

(4) Where the Minister makes a decision under sub-section (3) refusing to
issue a compliance statement certificate, he shall cause to be served on the
applicant for the certificate a notice in writing setting out that decision.

(5) A device submitted under paragraph (2) (a) shall, unless destroyed for the
purposes of an examination, be returned to the applicant within a reasonable
time.

(6) The Minister may, in his discretion, by notice in writing served on the
holder of a compliance statement certificate, vary the certificate.

(7) Nothing in this section shall be taken, by implication, to prevent the
issue of a single compliance statement certificate authorizing the application
of a single compliance statement to a thing that is both a receiver and a
transmitter for the purposes of this Act.

(8) Where the Minister is satisfied that it is likely that an adequate
examination of a device the subject of an application under sub-section (1)
cannot be made without causing damage to, or destruction of, the device, the
Minister shall not proceed with the examination unless-

   (a)  the Minister has caused to be served on the applicant a notice in
        writing-

        (i)    stating that the Minister is so satisfied; and

        (ii)   requesting that the applicant inform the Minister by notice in
               writing by such date as is specified in the notice, being a
               date not earlier than 14 days after the service on the
               applicant of the notice, whether or not the applicant wishes to
               proceed with the application; and

   (b)  the applicant has so informed the Minister that he wishes to proceed
        with the application.

(9) Where a request under sub-section (8) is served on an applicant and the
applicant-

   (a)  in accordance with that request, informs the Minister that he does not
        wish to proceed with the application; or

   (b)  refuses or fails to comply with the request, the application shall be
        deemed to have been withdrawn and the device concerned, if submitted
        under paragraph (2) (a), shall be returned to the applicant within a
        reasonable time.