OnRule publications - Series 2
Publications
Special topic for Product Regulatory Compliance
Australia Supplier’s Declaration of Conformity (SDoC) & Regulatory Compliance Mark (RCM)
By Tom Killam and Cyril Mecwan
March 6, 2023 | Series 2 / No. 5 | V1.0
As the world is becoming more global and interconnected, international trade is flourishing, creating many opportunities. The below charts show Australia’s import statistics of electrical, electronic equipment, and telecommunications for last ten years1,2.
In its quest to ensure that technology products entering into its markets are safe, Australia has implemented product compliance rules and requirements for these products.
Background:
Electrical Equipment Safety System (EESS) of Australia regulates product safety of household equipment such as, but not limited to, air conditioners, home appliances, luminaires, television sets, lawn care appliances, and many more.
On the other hand, the Australian Communications and Media Authority (ACMA), as its name suggests, “sets and manages rules about communications and media services and markets”3. The compliance-scope of ACMA covers internet and phones, TV, radio and content, spectrum and equipment. This equipment then operates in different environments, such as, residential, commercial, light-industrial, and industrial environments. Here, the products are grouped by technologies they contain. For instance:
Telecommunications products: These are customer equipment or customer cabling; they may connect to a telecommunications networks or facility in Australia; and reside in the office or home environment (rather than at service provider).
Analog and digital desk telephones, Voice over IP telephones, ADSL or DSL modems, dial-up modems, cordless telephone handsets and base units, amplifiers, answering machines, fax machines; Mobile telephones, cellular modems, and TV set-top boxes; Automatic teller machines and vending machines; Satellite telephones; Telecommunications cables, Cat 5 and 6 patch cords, Connectors, Plugs, Sockets; Computers with 3G, 4G or 5G cellular modems; 5G fixed wireless customer equipment, etc.
In addition to all the EMC and Radio related requirements, the compliance requirements for the telecommunications products also includes mandatory compliance with product safety in the form of compliance with Telecommunications (Customer Equipment Safety) Technical Standard 2018.
Products with radio and integral antenna: Personal computers with Wi-Fi or Bluetooth, smart televisions, set-top boxes, Bluetooth headphones, Bluetooth hands-free car kits, earbuds and earpods, some Wireless access points, etc.
Products with radio but no integral antenna: Smart meters, vehicle-mounted citizen band (CB) radios, Marine two-way radios, Marine radar transmitters, some Wireless access points, etc.
Electrical and electronics-based products without telecommunications or radio: Information Technology Equipment (ITE) such as, but not limited to, network switch, routers, printers etc.; home appliances such as, but not limited to, microwave, dishwasher, refrigerator, cooking range, etc.; some vehicles and products with internal combustion (IC) engines, such as, but not limited to, land-based vehicles (including electric powered vehicles), boats and devices with IC engines; power adapters, power tools, battery chargers, hard drives, etc.Labelling notices:
ACMA has developed a set of four rules as below; the supplier’s product utilizes any one or more of these rules as applicable. These rules are for:
- Telecommunications equipment
- Radiocommunications equipment
- Electromagnetic compatibility (EMC)
- Electromagnetic energy (EME)
Further, ACMA has developed Labelling notices, which set the respective rules including:
- Technical standards
- Testing
- Record-keeping
- Labelling
Following are the four labelling notices, which are listed on the ACMA-devised C02 form, also known as Supplier’s declaration of conformity form:
- Telecommunications (Labelling Notice for Customer Equipment and Customer Cabling) Instrument 2015 (TLN)
- Radiocommunications Devices (Compliance Labelling-Devices) Notice 2014 (RLN)
- Radiocommunications Labelling (Electromagnetic Compatibility) Notice 2017 (EMC LN)
- Radiocommunications (Compliance Labelling – Electromagnetic Radiation) Notice 2014
The supplier needs to identify the applicable labelling notice(s); which also lists the respective technical standards. One or more notices may be applicable to a product. But in general, the supplier needs to identify the applicable standards, test the product to these standards, and demonstrate the product complies with the rules. For a low or medium-risk product as defined by level 1 and level 2 respectively, a testing laboratory could be used for testing. However, an accredited testing body must be used to test a high-risk product as defined by level 3. Note that this is applicable not only to the new product being supplied to Australia, but also if the existing product is modified.
Responsible supplier: Before applying a label to a device and creating the SDoC, a person who manufactures or imports equipment must be registered on a national database as a “responsible supplier”. Importantly, this responsible supplier must be resident of Australia. Not every Original Equipment Manufacturer (OEM) has a physical direct presence in Australia. For an OEM, the following options are available to register as a responsible supplier:
- Use the local channel partners (distributor or importer) residing in Australia as a responsible supplier.
- Use a third-party compliance agent residing in Australia.
- Use its own office located in Australia and register itself as a responsible supplier.
While registering on the national database as a responsible supplier, the registered individual (for example, an employee of a company OR an officer of a third-party importing the product OR the owner of a compliance agency) must also provide the business name that is used by the person in relation to the supply of devices.
On a side but important note, when using an Agency, the OEM should have an agreement in place with the agency, which clearly states who is responsible for following the rules, checking the rules to follow, testing the product, signing and keeping the SDoC, labelling the product and updating the records when the product undergoes changes, etc.
A. The requirements for the SDoC:
ACMA provides Form C024 as a template to create a Supplier’s declaration of conformity. Either a user may use this form or create her/his own format for the DoC as long as it includes all information shown in Form C02.
The C02 form requires the following key content while creating the SDoC:
- Supplier’s details (manufacturer, importer or authorised agent):
As explained earlier, ACMA is looking for the name of the responsible supplier, who must be residing in Australia.
- The responsible supplier’s street address and contact information must be provided.
- The “Trading as” block refers to the name of the company that the responsible supplier is representing as it relates to the device that is supplied.
- Additionally, the responsible supplier’s registration number for Australia must be provided. Here, ACN stands for “Australian Company Number”; and ARBN stands for “Australian Registered Body Number”.
- Product details and date of manufacture:
The product could be described in the form of brand name, product type, model, lot, batch, or serial number as applicable and available. If there is a relevant software/firmware version, then it should be provided, too. It is acceptable to show the product tree and its levels in a hierarchy.On the SDoC, ACMA requires the date of manufacture or importation of the original/modified item. If an exact date of manufacture or importation is not easily available, providing a month and year may work (for example, December 2022).
- Compliance – applicable standards and other supporting documents:
Importantly, list the title and number of all the applicable technical standards. Also, as evidence of compliance with the stated standard(s), provide the number of the test report (either from an accredited test lab or non-accredited test lab depending on the compliance level of the product as mentioned earlier), or certification/competent body statements (a Certification body can be used when testing bodies are not available. Generally, a Certification body is used to provide a statement to say certain telecommunications products comply with the rules. Sometimes a Certification body is also used to show extra proof of product compliance with the ACMA rules).
- Declaration statement:
Towards the end, the C02 form provides a standard declaration for the responsible supplier, who is authorized to declare and sign.
- Signature:
The signature block requires the name of the responsible supplier, her/his position in the company, the date of signature, and the signature.
B. Record Keeping:
Depending on the device (product), the following records may be required:
- Declaration of conformity
- Test report(s)
- Description of the product
- Product guide for customers
- Statement about a product change – below are a few examples:
- a change of a critical component such as power supply
- change in the antenna
- change in the artwork for the printed wiring board
- If a device is already in compliance with the FCC Radio requirements, you must detail how the changes were made for the device to comply with the Australian compliance requirements.5
The records must be stored in English; it could be stored in electronic form or may be a copy of the original record. A supplier may be required to keep the records even after discontinuing the supply of the product in Australia; the applicable labelling notice provides the guidelines for how long to keep the records.
C. Label:
A product label shows the product complies with ACMA rules and requirements. Excepting certain cabling products, all products regulated by ACMA require a label.
The label either has the Regulatory Compliance Mark (RCM) symbol on it or it has a QR code with a relevant link to a website that displays the RCM clearly. The RCM shows that a product is safe to supply to the Australian market.
For the purpose of labeling, the RCM label file can be downloaded from the ACMA website.6
- Size of the RCM:
The RCM must be no smaller than 3 millimeters in height.7
- Placement of the RCM:
- A label and RCM can be applied on the surface of the product.
- Alternatively, the RCM can also be applied electronically if the product has a built-in display.
- If neither of the above alternatives are feasible to employ, the label could be applied both to the surface of the product packaging and product documents made for the consumer (such as instructions or warranties or compliance manuals).