Information for Responsible Suppliers

Under the Electrical Equipment Safety System (EESS), a Responsible Supplier is a person, company or business that manufacturer’s in-scope electrical equipment in Australia or New Zealand, or imports in scope electrical equipment into Australia or New Zealand for sale.

A Responsible Supplier must be a legally identifiable Australian or New Zealand entity holding an Australian Business Number (ABN), or a New Zealand Inland Revenue Department (IRD) number.

The legislation requires all Responsible Suppliers selling goods into participating jurisdictions to be registered on the National Database. Registration must be renewed annually with an annual registration fee payable by Responsible Suppliers when they register.

Responsible Suppliers are to ensure that the details contained on the database are current, and must update their details (i.e. contact person, address, etc) within 30 days of those details changing. Penalties apply if a Responsible Supplier’s details are not up to on the National Database.

Responsible Suppliers have the main obligation for complying with the Electrical Equipment Safety System. The legislation requires Responsible Suppliers to ensure that the electrical equipment they sell meets relevant standards and is electrically safe.  Failure to do so could result in significant penalties.

A Responsible Supplier must make a Responsible Suppliers Declaration when they register on the National Database. This is a declaration all Responsible Suppliers make stating all electrical equipment they supply is electrically safe and will meet relevant standards and comply with the EESS. This Responsible Suppliers Declaration will apply to all electrical equipment they sell.

This first declaration is intended to be made by an appropriate person within the company who is the Authorised Officer, who has been given the delegated authority by the company to make such declarations on behalf of the company (i.e. a Director, General Manager, Chief Executive Officer, Technical Compliance Manager, etc). Subsequent Equipment Declarations may be delegated to an Authorised Representative.

The Authorised Officer is the representative in all matters relating to registration of both the Responsible Supplier and electrical equipment. The Authorised Officer will be responsible for, and on behalf of, the Responsible Supplier to:
a) Make the Responsible Supplier’s Declaration;
b) Maintain appropriate records, or make such records available for inspection, for:
    (i) Level 2 electrical equipment, the Compliance Folder; and
    (ii) Level 3 electrical equipment, the Certificate of Conformity (CoC); and
c) Notify changes to registration details.

There is only one Authorised Officer for each responsible supplier entity (entity as defined by distinct ABN or New Zealand IRD number)

It should be noted that Responsible Suppliers and their Authorised Officers who fail to discharge their obligations under the EESS, shall face significant penalties including fines, possible de-registration and de-listing and potential mandatory recall of the equipment.

In addition to the Responsible Suppliers Declaration, for Level 2 and Level 3 electrical equipment, Responsible Suppliers (or their Authorised Representative acting on their behalf) must also make Equipment Declarations. The Equipment Declaration is equipment specific and is made when equipment of this type is registered on the database. These declarations state that the equipment meets relevant standards in a way that is required under the EESS for that classification of electrical equipment.  Click here for more information on equipment classification.

Responsible suppliers (or their Authorised Representative acting on their behalf) make the equipment declaration, where the Responsible supplier (or the Authorised Representative) do not have the relevant technical knowledge or expertise to make a determination the equipment meets the relevant standard (as is required by the declaration) they may need to utilise the services of a Suitably Qualified Person. A Suitably Qualified Person may be an employee of the company (and for convenience may even be an Authorised Representative of the company) or may be a consultant (subject to them meeting the criteria of “Suitably Qualified Person” as listed in the Equipment Safety Rules) engaged for the purposes of compiling and verifying the documentation obtained to meet the requirements of the EESS. 

Note: The legislative requirements of the responsible supplier remain with the responsible supplier, regardless of other parties involved.

Responsible suppliers registering level 3 equipment will have to have access to the relevant certificate of conformity that is registered on the national certification database. This access could be by either the responsible supplier being the holder of the certificate of conformity (i.e. they made the application for certification to the certifier for the certificate issued) or they have a business arrangement/agreement with the certificate holder (if for example the certificate holder is the overseas manufacturer of the product) to use the certificate.