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The check testing process discussed below supplements the testing and cancellation procedures set out in relevant State and Territory legislation. The check test procedure discussed below should be read in the context of that legislation. The full text is available from the Administrative Guidelines.
Initially, a Stage I check test, which is a full or part test to the relevant Australian and New Zealand Standard, will be performed on one sample of the model. This sample will generally be independently purchased (usually through a retail outlet) and tested by a laboratory accredited for check testing on behalf of the regulatory authorities. However, it should be noted that the State and Territory legislation does provide that a registration holder may be required to provide a sample of registered proclaimed equipment. In cases of Stage I check test non-compliance (as determined in accordance with the validity criteria set out in Section 4 of these Guidelines) the supplier may choose to request cancellation of the registration for the model in question on the basis of the Stage I check test result or, alternatively, a supplier may choose the option of proceeding to Stage II check testing.
An appliance that has failed a Stage 1 check test will not be released from the check testing laboratory until the outcome of the check test failure has been finalised to the satisfaction of the relevant regulator. The sample used for the Stage I check test will not be sold until Stage II check testing is completed or until the non-compliance matter is otherwise satisfactorily resolved. Upon satisfactory resolution of the matter a supplier may make application to purchase the appliance from the check test laboratory. Following such a sale, no further claims in respect of the check tested appliance shall be accepted by the regulator.
In accordance with the requirements of the relevant testing standards, prior to test measurements being collected, a laboratory is required to check each sample to ensure that it has no obvious operating defects. In the absence of such advice from the test laboratory it will be assumed by the regulator that no defects existed in the tested appliance. A manufacturer/importer who believes that the tested unit is in fact defective will be able to inspect the unit in situ (under supervision of the test laboratory) and report on their findings to the regulator.
The onus shall be on the manufacturer/importer to provide evidence that a defect capable of affecting the test results does exist (failure of the appliance to pass a check test would not in itself constitute such evidence). Furthermore, it must be demonstrated that the "defect" is peculiar to the test unit alone and not common to other samples of the stock of the appliance. If such evidence is provided and accepted, the original check test will be voided and a new check test will be required to be undertaken at the same laboratory either on the original unit with repairs or on a randomly selected second sample of the stock. The costs associated with inspection and re-testing of defective samples shall be borne by the manufacturer/importer.
Upon receipt of a stage 1 check test failure report the relevant regulator shall issue to the registration holder for that product a notice of intention to cancel the energy labelling registration.
The registration holder shall have a minimum of 15 working days from the date of the notice of intention to cancel, within which to make written submissions to the regulatory agency as to why the registration should not be cancelled. Those written submissions should provide details and a timetable for a Stage II check testing program. Stage II check test procedures require that satisfactory test reports from an accredited check testing laboratory on either two (where the failure relates to performance standards) or three units (where failure relates to a 'supplier declaration' ie, claims on labels etc) be supplied to the regulator. If the submissions provided by the registration holder are not, in the regulatory agency's opinion, satisfactory, or if the submissions set out details and a timetable for testing which is subsequently not complied with, the regulatory agency may decide to cancel the registration. See Attachment 7 for further information about cancellation.
The actual units to be tested in Stage II will be randomly selected from stock by a representative of the regulatory authority.
Stage l check test costs will generally be met by the regulatory agency. Where the registration holder elects to undertake Stage II check testing, the registration holder will be liable for all Stage II check testing related costs irrespective of the outcome. Where a unit selected for check testing is demonstrated to be defective in manufacture, then the registration holder will be liable for all resulting additional costs incurred for check testing.
Where a product fails a screening test conducted at a NATA accredited laboratory (or one affiliated with an organisation with a mutual recognition agreement with NATA) and the test report is provided by the party that commissioned the test to a regulator or the E3 Committee, the E3 Committee will reimburse the (reasonable) costs of conducting the screening tests.
Only NATA or other laboratories accredited by bodies with a mutual recognition agreement with NATA, and with a registration that permits the laboratory to issue test reports for the test in question, will be accredited to undertake check testing. In circumstances where Stage II check testing can be undertaken at a supplier's own Australian located NATA registered laboratory, regulatory agencies will accept the results provided a NATA appointed witness is present throughout the testing. Costs associated with the provision of a NATA appointed witness will be borne by the supplier.
For failures which fall into the "supplier declaration" category (see Attachment 8), regulatory authorities require three samples to be tested in Stage II check testing to establish, in accordance with the validity criteria, whether the registration of a model will be maintained. However, the manufacturer or importer can choose to accept the results of check tests undertaken on fewer than three samples if the results of each sample subsequently tested also do not confirm the original claims made by the registration holder in the application for registration.
For results which fall into the "performance limit" category (see Attachment 8), regulatory authorities require at least two samples to be tested in Stage II check testing to establish, in accordance with the validity criteria, whether the registration of a model will be maintained.
All testing will be undertaken in accordance with the requirements of the relevant Standard.
This page last modified 27 June 2007
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