Federal Register of Legislation - Australian Government

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Radiocommunications Act 1983

Authoritative Version
Act No. 130 of 1983 as made
An Act relating to radiocommunications, interference to radiocommunications, and other matters
Administered by: Broadband, Communications and the Digital Economy
Date of Assent 22 Dec 1983
Date of repeal 01 Jul 1993
Repealed by Radiocommunications (Transitional Provisions and Consequential Amendments) Act 1992

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Radiocommunications Act 1983

No. 130 of 1983

TABLE OF PROVISIONS

PART I—PRELIMINARY

Section

1.        Short title

2.        Commencement

3.        Interpretation

4.        Crown to be bound

5.        Additional operation of Act in relation to radar, radio astronomy, &c.

6.        Application of Act

7.        International agreements, &c.

8.        Further provision with respect to certain persons

PART II—STANDARDS

Division 1—Making of, and compliance with, standards

9.        Standards

10.      Test permits

11.      Offences relating to sub-standard devices

Division 2—Compliance statements and compliance statement certificates

12.      Compliance statements and compliance statement certificates

13.      Suspension of compliance statement certificates

14.      Cancellation of compliance statement certificates

15.      Offences relating to compliance statements, &c.

PART III—ADVISORY GUIDELINES

16.      Advisory guidelines



TABLE OF PROVISIONS—continued

PART IV—RADIO FREQUENCY PLANNING

Section

17.      Interpretation

18.      Spectrum plan

19.      Frequency band plans

20.      Publication and tabling of plans

PART V—FREQUENCY RESERVATION CERTIFICATES

21.      Frequency reservation certificates

PART VI—TRANSMITTER LICENCES AND TEMPORARY PERMITS

22.      Interpretation

23.      Radiocommunications transmitter not to be operated, &c., without transmitter licence or temporary permit

24.      Transmitter licence

25.      Conditions to which transmitter licence is subject

26.      Authorities under transmitter licences

27.      Contravening conditions of transmitter licences

28.      Suspension of transmitter licences

29.      Cancellation of transmitter licences

30.      Notice to holder of authority under sub-section 26 (1)

31.      Certificates of proficiency

32.      Re-examination of qualified operators

33.      Cancellation of certificates of proficiency

34.      Certain persons deemed to be qualified operators

35.      Temporary permits for non-resident aliens, &c.

PART VII—RECEIVER LICENCES

36.      Interpretation

37.      Receiver not to be operated, &c., without receiver licence

38.      Receiver licence

PART VIII—RESTRICTED USE ZONES

39.      Interpretation

40.      Declaration of radiocommunications emergency

41.      Orders

42.      Guidelines for making orders

43.      Offence of contravening an order

44.      Orders to prevail over inconsistent laws

PART IX—SETTLEMENT OF INTERFERENCE DISPUTES

45.      Interpretation

46.      Reference of matters to conciliator

47.      Functions of conciliator

48.      Compulsory conferences

49.      Conciliators

50.      Remuneration and allowances

51.      Offences relating to administration of Part

52.      Operation of State and Territory laws

53.      Report by Minister


TABLE OF PROVISIONS—continued

PART X—PUBLIC INQUIRIES

Section

54.      Interpretation

55.      Inquiries by Commissioner

56.      Remuneration and allowances

57.      Notice of inquiries

58.      Procedure at inquiries, &c.

59.      Power to administer oath or affirmation

60.      Protection of Commissioner and witnesses

61.      Contempt

62.      Allowances to witnesses

63.      Witness not to be prejudiced

64.      Report by Minister

PART XI—MISCELLANEOUS

65.      Offences

66.      Delegation

67.      Register of test permits, frequency reservation certificates, licences and temporary permits

68.      Identity cards

69.      Powers of arrest

70.      Search warrants

71.      Search warrants may be granted by telephone

72.      Searches in emergencies

73.      Goods seized under this Act

74.      General powers of inspectors

75.      Act not to affect performance of duties by inspectors

76.      Personation of inspectors

77.      Officers and employees of governments and authorities

78.      Programs, &c., relating to radiocommunications and other matters

79.      Surrender of permits, certificates and licences

80.      Forfeiture

81.      False statements

82.      Prosecution of offences

83.      Penalties for corporations

84.      Evidentiary certificates

85.      Conduct by servants or agents of body corporate

86.      Review of decisions

87.      Statements to accompany notification of decisions

88.      Service of notices

89.      Operation of this Act in relation to Broadcasting and Television Act

90.      No compensation from Commonwealth

91.      Act not to affect performance of State, Northern Territory or Norfolk Island functions

92.      Legislation of the Australian Antarctic Territory

93.      Regulations


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Radiocommunications Act 1983

No. 130 of 1983

 

An Act relating to radiocommunications, interference to radiocommunications, and other matters

[Assented to 22 December 1983]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

PART I—PRELIMINARY

Short title

1. This Act may be cited as the Radiocommunications Act 1983.

Commencement

2. (1) Subject to sub-section (2), this Act shall come into operation on such date as is fixed by Proclamation.

(2) Paragraphs 11 (1) (a) and (c), sections 23 and 37 and sub-sections 65 (15), (16), (17) and (18) shall come into operation on such date as is fixed by Proclamation, being a date later than the date fixed for the purposes of sub-section (1).


 

Interpretation

3. (1) In this Act, unless the contrary intention appears—

“advisory guideline” means an advisory guideline made under sub-section 16 (1);

“agreement” includes a treaty or convention;

“aircraft” means a machine or apparatus that can derive support in the atmosphere from the reactions of the air or from buoyancy, but does not include an air-cushion vehicle;

“Australia” includes all the Territories;

“Australian aircraft” means an aircraft that is in Australian control or is registered in accordance with the Air Navigation Regulations as an Australian aircraft;

“Australian satellite” means a space satellite that is declared by the regulations to be an Australian satellite for the purposes of this Act;

“Australian vessel” means a vessel that is in Australian control or—

(a) not being an air-cushion vehicle—is an Australian boat within the meaning of the Fisheries Act 1952; or

(b) being an air-cushion vehicle—would be an Australian boat within the meaning of that Act if it were a boat within the meaning of that Act;

“authority of a State” means—

(a) a corporation established for a public purpose by or under a law of a State; or

(b) any other corporation in which a State, or a corporation referred to in paragraph (a), has a controlling interest;

“authority of the Commonwealth” means—

(a) a corporation established for a public purpose by or under a law of the Commonwealth or of a Territory; or

(b) any other corporation in which the Commonwealth, the Administration of a Territory or a corporation referred to in paragraph (a), has a controlling interest;

“broadcasting station” means so much of a broadcasting station (including a broadcasting translator station) within the meaning of the Broadcasting and Television Act 1942 or the Australian Broadcasting Corporation Act 1983 that consists of a transmitter that is operating for the purpose of the transmission of radio programs to the general public as authorized by or under either of those Acts;

“certificate of proficiency” means a certificate of proficiency issued under section 31;

“Commissioner” means a Commissioner appointed under sub-section 55 (5);

“Commonwealth officer” means—

(a) a Minister; or


 

(b) a person who, whether on a full-time or a part-time basis, and whether in a permanent capacity or otherwise—

(i) is in the service or employment of the Commonwealth, the Administration of a Territory or an authority of the Commonwealth; or

(ii) holds or performs the duties of any office or position established by or under a law of the Commonwealth or a Territory,

and, without limiting the generality of paragraph (b), includes—

(c) a member of the Defence Force; and

(d) a member of the Australian Federal Police or of the police force of a Territory;

“compliance statement” means a statement authorized by a compliance statement certificate;

“compliance statement certificate” means a certificate issued under sub-section 12 (1);

“conciliator” means a person appointed as a conciliator under section 49;

“device” means—

(a) radiosensitive equipment;

(b) a radiocommunications transmitter;

(c) a transmitter other than a radiocommunications transmitter; or

(d) a receiver,

but does not include a broadcasting station or a television station;

“environment” means the physical environment;

“financial corporation” means a financial corporation to which paragraph 51 (xx) of the Constitution is applicable, and includes a corporation formed within the limits of Australia that carries on as its sole or principal business the business of banking or insurance to which paragraph 51 (xiii) or (xiv) of the Constitution, as the case may be, is applicable;

“foreign aircraft” means an aircraft other than an Australian aircraft;

“foreign corporation” means a foreign corporation to which paragraph 51 (xx) of the Constitution is applicable;

“foreign satellite” means a space satellite other than an Australian satellite;

“foreign vessel” means a vessel other than an Australian vessel;

“frequency band plan” means a plan prepared under section 19;

“frequency reservation certificate” means a certificate granted under section 21;

“have in possession” includes having under control in any place whatever, whether for the use or benefit of the person of whom the term is used or of another person, and although another person has the actual possession or custody of the thing in question;

“importation” means importation into Australia;


 

“in Australian control” means in the control or possession of one or more of any of the following:

(a) the Commonwealth (including an arm of the Defence Force) or a State or Territory;

(b) an authority of the Commonwealth;

(c) a corporation established for a purpose of a State or Territory by or under a law in force in that State or Territory;

(d) any other corporation in which a State or Territory, or a corporation referred to in paragraph (c), has a controlling interest;

“licence” means a receiver licence or a transmitter licence;

“Magistrate” includes a Justice of the Peace;

“manufactured” means manufactured in Australia;

“medical practitioner” means a person registered or licensed as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners;

“officer” means a Commonwealth officer or a State officer;

“operate”—

(a) in relation to a radiocommunications receiver, means operate for the purpose of radiocommunication otherwise than solely for the purpose of radio transmission;

(b) in relation to a radiocommunications transmitter, means operate for the purpose of radiocommunication otherwise than solely for the purpose of the reception of radio transmission; and

(c) in relation to a prescribed transmitter, means operate for the purpose of prescribed radio transmission;

“physical quantity” means a physical quantity specified in regulations in force for the purposes of section 7 of the Weights and Measures (National Standards) Act 1960;

“prescribed radio transmission” means radio transmission for purposes in connection with the making of a measurement of a physical quantity by means of the propagation or other qualities of radio transmission;

“prescribed transmitter” means a transmitter designed or intended for prescribed radio transmission;

“qualified operator” means a person who holds a certificate of proficiency;

“radiocommunication” means—

(a) radio transmission; or

(b) reception of radio transmission,

for the purposes of the communication of information between persons and persons, persons and things or things and things;

“radiocommunications transmitter” means a transmitter designed or intended for use for the purpose of radiocommunication, and includes any thing (other than a line within the meaning of the


 

Telecommunications Act 1975) designed or intended to be ancillary to, or associated with, such a transmitter for the purposes of that use;

“radiosensitive equipment” means any thing (other than a receiver or transmitter) any use or function of which is capable of being interfered with by radio transmission;

“radio transmission” means—

(a) any transmission or emission of electromagnetic energy of frequencies less than 3 terahertz; or

(b) any highly coherent transmission or emission of electromagnetic energy of frequencies not less than 3 terahertz and not exceeding 1,000 terahertz,

without continuous artificial guide;

“receiver” means any thing designed or intended for use for the purposes of radiocommunication by means of the reception of radio transmission, and includes any thing (other than a line within the meaning of the Telecommunications Act 1975) designed or intended to be ancillary to, or associated with, such a thing for the purposes of that use;

“receiver licence” means a licence granted under section 38;

“reception”, in relation to radio transmission, includes interception;

“standard” means a standard made under sub-section 9 (1);

“State officer” means a person who, whether on a full-time basis or a part-time basis, and whether in a permanent capacity or otherwise—

(a) is in the service or employment of a State or an authority of a State; or

(b) holds or performs the duties of any office or position established by or under a law of a State,

and, without limiting the generality of the foregoing, includes a member of the police force of a State;

“supply” includes supply (including re-supply) by way of sale, exchange, lease, hire, or hire-purchase;

“television station” means so much of a television station (including a television repeater station and a television translator station) within the meaning of the Broadcasting and Television Act 1942 or the Australian Broadcasting Corporation Act 1983 that consists of a transmitter that is operating for the purpose of the transmission of television programs to the general public as authorized by or under either of those Acts;

“temporary permit” means a permit granted under section 35;

“test permit” means a permit granted under section 10;

“this Act” includes the regulations;

“trading corporation” means a trading corporation to which paragraph 51 (xx) of the Constitution is applicable;

“transmitter” means—

(a) any thing designed or intended for radio transmission; or


 

(b) any other thing, irrespective of its use or function or the purpose of its design, that is capable of radio transmission;

“transmitter licence” means a licence granted under section 24;

“vessel” means a vessel or boat of any description, and includes—

(a) an air-cushion vehicle; and

(b) any floating structure.

(2) A reference in this Act to a member of the Australian Federal Police or to a member of a police force includes a reference to a special member of the Australian Federal Police.

(3) A reference in this Act to a conviction of an offence includes a reference to—

(a) the making of an order under section 19b of the Crimes Act 1914 in relation to the offence; or

(b) the payment, in pursuance of regulations made by virtue of paragraph 93 (2) (d) of this Act, of a penalty in relation to the offence.

(4) A reference in this Act to an offence against this Act, to an offence against a provision of this Act or to a contravention of this Act includes a reference to an offence against—

(a) section 6, 7 or 7a of the Crimes Act 1914; or

(b) sub-section 86 (1) of that Act by virtue of paragraph (a) of that sub-section,

that relates to this Act or that provision, as the case requires.

(5) A reference in a provision of this Act to an inspector is a reference to—

(a) an officer appointed by the Minister, by instrument in writing, to be an inspector for the purposes of the provision;

(b) an officer included in a class of officers appointed by the Minister, by instrument in writing published in the Gazette, to be inspectors for the purposes of the provision; or

(c) a member (other than a special member) of the Australian Federal Police or of the police force of a Territory.

(6) For the purposes of this Act, a compliance statement or a statement purporting to be a compliance statement shall be deemed to be applied to a device if the statement is impressed on, worked into or annexed or affixed to the device.

(7) Except so far as the contrary intention appears, references in this Act to Australia, a foreign country, a place or any waters include references to the space (including the atmosphere and outer space) above.

(8) A reference in this Act to a member of the crew of an aircraft or vessel includes a reference to the person in charge of the aircraft or vessel.

(9) A reference in a provision of this Act to an approved form is a reference to a form approved by the Minister, by instrument in writing, for the purposes of the provision.


 

(10) Nothing in this Act precludes the same thing from being both a receiver and a transmitter for the purposes of this Act.

(11) Nothing in this Act precludes the same transmitter from being both a prescribed transmitter and a radiocommunications transmitter for the purposes of this Act.

(12) Nothing in this Act prevents 2 or more licences (whether receiver licences, transmitter licences, or both) from being contained in the same instrument.

(13) For the purposes of this Act, a device is sub-standard if—

(a) being a device that has not been altered or modified in a material respect after its manufacture or, where it has been imported, after its importation—it does not comply with a standard that was applicable to it when it was so manufactured or imported, as the case may be; or

(b) being a device that has been so altered or modified—it does not comply with a standard that was applicable to it when it was so altered or modified.

(14) A reference in this Act to a television program includes a reference to so much of a television program as consists only of sound or images.

(15) Where a test permit, licence or temporary permit is granted authorizing the operation of 2 or more transmitters or, in the case of a receiver licence, 2 or more receivers, nothing in this Act shall be taken, by implication, to prevent the Minister, in imposing, or in specifying matters relating to, the conditions to which that licence or permit is subject, from making different provision for different transmitters or receivers or different classes of transmitters or receivers.

(16) A reference in this Act to interference to, or with, radiocommunications is a reference to interference to, or with, radiocommunications that is attributable, whether wholly or partly and whether directly or indirectly, to a transmission or emission of electromagnetic energy.

Crown to be bound

4. This Act binds the Crown in right of the Commonwealth, of each of the States, of the Northern Territory and of Norfolk Island, but nothing in this Act renders the Crown liable to be prosecuted for an offence.

Additional operation of Act in relation to radar, radio astronomy, &c.

5. (1) Without prejudice to its effect apart from this sub-section, this Act also has, by force of this sub-section, the effect it would have if the reference in the definition of “radiocommunication” in sub-section 3 (1) to things and things were a reference to parts of things and the same or other parts of the same things.

(2) Without prejudice to its effect apart from this sub-section, this Act also has, by virtue of this sub-section, the effect it would have if each reference in


 

any or all of the prescribed provisions to radiocommunications were a reference to prescribed radio transmissions—

(a) made in the course of, or in relation to—

(i) trade and commerce between Australia and places outside Australia;

(ii) trade and commerce among the States;

(iii) trade and commerce within a Territory, between a State and Territory or between 2 Territories;

(iv) any relevant activity of a trading corporation or of a financial corporation;

(v) the operation of lighthouses, lightships, beacons or buoys; or

(vi) the making of astronomical or meteorological observations;

(b) made by or on behalf of the Commonwealth, an authority or instrumentality of the Commonwealth, a foreign corporation or a corporation incorporated in a Territory; or

(c) made in a Territory, or subject to section 6, a place outside Australia.

(3) Without prejudice to its effect apart from this sub-section, this Act also has, by force of this sub-section, the effect it would have if each reference in any or all of the prescribed provisions to radiocommunications were a reference to prescribed radio transmissions made by a trading corporation or financial corporation.

(4) Without prejudice to its effect apart from this sub-section, this Act also has, by force of this sub-section, the effect it would have if each reference in any or all of the following provisions, namely, sections 22 to 25 (inclusive) and 35, sub-sections 41 (1) and 65 (10) and (14) and paragraph 93 (2) (g) to a radiocommunications transmitter were a reference to a prescribed transmitter—

(a) used in the course of, or in relation to—

(i) trade and commerce between Australia and places outside Australia;

(ii) trade and commerce among the States;

(iii) trade and commerce within a Territory, between a State and a Territory or between 2 Territories;

(iv) any relevant activity of a trading corporation or of a financial corporation;

(v) the operation of lighthouses, lightships, beacons or buoys; or

(vi) the making of astronomical or meteorological observations;

(b) used by or on behalf of the Commonwealth, an authority or instrumentality of the Commonwealth, a foreign corporation or a corporation incorporated in a Territory; or

(c) in a Territory or, subject to section 6, a place outside Australia.

(5) Without prejudice to its effect apart from this sub-section, this Act also has, by force of this sub-section, the effect it would have if each reference


 

in any or all of the following provisions, namely, sections 22 to 25 (inclusive) and 35, sub-sections 41 (1) and 65 (10) and (14) and paragraph 93 (2) (g) to a radiocommunications transmitter were a reference to a prescribed transmitter used by a trading corporation or a financial corporation.

(6) Without prejudice to its effect apart from this sub-section, this Act also has, by force of this sub-section, the effect it would have if each reference in any or all of the following provisions, namely, sections 22 to 25 (inclusive) and 35, sub-sections 41 (1) and 65 (10) and (14) and paragraph 93 (2) (g) to a radiocommunications transmitter were a reference to a prescribed transmitter.

(7) Without prejudice to its effect apart from this sub-section, this Act also has, by force of this sub-section, the effect it would have if each reference in any or all of the prescribed provisions to radiocommunications were a reference to prescribed radio transmission.

(8) Without prejudice to its effect apart from this sub-section, this Act also has, by force of this sub-section, the effect it would have if each reference in any or all of the prescribed provisions to radiocommunications were a reference to radio transmission in connection with the making of astronomical or meteorological observations.

(9) Without prejudice to its effect apart from this sub-section, this Act also has, by force of this sub-section, the effect it would have if each reference in any or all of the prescribed provisions to radiocommunications were a reference to radio transmission in connection with the operation of lighthouses, lightships, beacons or buoys.

(10) In this section—

“prescribed provisions” means sub-section 3 (16), paragraphs 9 (5) (e) and 9 (6) (c), sub-section 9 (13), section 17, paragraph 24 (2) (d), sub-paragraph 25 (1) (b) (i), sub-sections 25 (9), 38 (2) and 41 (2), paragraph 46 (1) (a), sub-section 55 (1), paragraphs 55 (2) (a) and (3) (c), sub-sections 65 (1), (4), (6), (9) and (11) and paragraph 93 (2) (a);

“relevant activity” means—

(a) in relation to a trading corporation—

(i) any trading activity of the corporation; or

(ii) any other activity of the corporation carried on for the purposes of its trading activities; and

(b) in relation to a financial corporation—

(i) any financial activity of the corporation; or

(ii) any other activity of the corporation carried on for the purposes of its financial activities.

Application of Act

6. (1) This Act extends to every external Territory and, except so far as the contrary intention appears, to acts, omissions, matters and things outside Australia, whether or not in a foreign country.


 

(2) Subject to sub-section (4) of this section and sub-section 65 (11), to the extent that a provision of this Act has effect in and in relation to any waters or place outside Australia, that provision applies only in relation to—

(a) Australian citizens ordinarily resident in Australia, in respect of radio transmissions intended to be received in Australia, other than—

(i) radio transmissions made by a bona fide member of the crew of a foreign vessel or foreign aircraft in the course of his duties as such a member; or

(ii) radio transmissions made from a foreign country by a person in the performance of a duty imposed by the law of that country; or

(b) members of the crew of Australian aircraft and Australian vessels;

(c) Australian aircraft, Australian satellites and Australian vessels; and

(d) an act, matter or thing to which this Act, in its application by virtue of sub-section (6), extends.

(3) For the purposes of paragraph (2) (a), a radio transmission that is intended to be re-transmitted to Australia shall be deemed to be intended to be received in Australia.

(4) This Act does not extend to foreign satellites.

(5) Subject to the provisions of any agreement between Australia or any other country or countries that makes provision for or in relation to radio transmission, this Act does not extend to receivers or transmitters on board a foreign vessel or foreign aircraft that is travelling or is in transit (whether in or outside Australia) on a voyage or flight—

(a) from a point outside Australia to a port or airport in Australia;

(b) from a port or airport in Australia to a point outside Australia; or

(c) from a point outside Australia to another point outside Australia.

(6) Subject to sub-sections (2) and (7), the provisions of this Act apply in relation to the adjacent areas in respect of the States and Territories as if references in this Act (other than this section) to Australia, when used in a geographical sense, included references to the adjacent areas in respect of the States and Territories.

(7) The application of the provisions of this Act in relation to the adjacent areas in respect of the States and Territories by virtue of sub-section (6) extends to and in relation to all acts, matters and things touching, concerning, arising out of or connected with the exploration of, or the exploitation of the resources of, the continental shelf of Australia or of an external Territory and, subject to sub-section (2), not otherwise.

(8) Without limiting the generality of sub-section (7), the application of the provisions of this Act in relation to the adjacent areas in respect of the States and Territories by virtue of sub-section (6) extends to and in relation to all acts done by or in relation to, and all matters, circumstances and things affecting, any person who is in the adjacent area in respect of a State or


 

Territory for a reason touching, concerning, arising out of or connected with the exploration of, or the exploitation of the resources of, the continental shelf of Australia or of an external Territory.

(9) In this section, “adjacent area”, in relation to a State or Territory, has the same meaning as in the Petroleum (Submerged Lands) Act 1967, but does not include an area that is within Australia.

International agreements, &c.

7. (1) The Minister, a Commissioner or a conciliator, in exercising a power conferred on him by Part II, III, IV, V, VI, VII, IX or X, shall have regard to—

(a) any agreement between Australia and another country or countries, being an agreement that makes provision for or in relation to radio transmission; and

(b) any prescribed instrument or writing,

but nothing in this sub-section limits the generality of the matters to which he may have regard in exercising those powers.

(2) Regulations made for the purposes of paragraph (1) (b) may prescribe a specified instrument or writing as in force or in existence at the time when the regulations came into effect or as amended or altered from time to time.

Further provision with respect to certain persons

8. (1) Subject to sub-section (2), the prescribed provisions of this Act do not apply in relation to any act or thing done or omitted to be done by a member of the Defence Force, or by an officer of the Department of Defence, in the performance of his functions or duties as such a member or officer, as the case may be, in relation to command and control, intelligence or weapons systems.

(2) The regulations may make provision for the application, in specified circumstances, of any or all of the prescribed provisions of this Act to a member of the Defence Force, or to an officer of the Department of Defence, in the performance of his functions or duties as mentioned in sub-section (1).

(3) This Act does not apply in relation to any act or thing done or omitted to be done by a person performing a function or duty in relation to the operation of a facility that is—

(a) jointly operated by the Commonwealth and a foreign country; and

(b) a special defence undertaking for the purposes of the Defence (Special Undertakings) Act 1952.

(4) This Act does not apply in relation to any act or thing done or omitted to be done by a member of the Defence Force, or by an officer of the Department of Defence, in the performance of his functions or duties as such a member or officer, as the case may be, in relation to the operation of an organization, being an organization—

(a) that is part of the Defence Force or part of the Department of Defence; and


 

(b) the purpose of which relates to—

(i) research for purposes in connection with defence; or

(ii) intelligence.

(5) This Act does not apply in relation to any act or thing done or omitted to be done by or on behalf of—

(a) the Australian Secret Intelligence Service; or

(b) the Australian Security Intelligence Organization.

(6) The regulations may make provision for and in relation to—

(a) the exemption of acts or things done, or omitted to be done, by members of a prescribed class of persons from any or all of the prescribed provisions of this Act; and

(b) the modification of any or all of the prescribed provisions of this Act, so far as they relate to acts or things done, or omitted to be done, by those members.

(7) In this section—

“prescribed class of persons” means persons included in a class of persons specified in the regulations, being persons performing a function or duty in or in relation to—

(a) the defence, security or international relations of Australia or of a foreign country whose naval, military or air force is acting in co-operation with the Defence Force of Australia;

(b) the Australian Federal Police or the police force of a State or Territory; or

(c) a fire-fighting, civil defence or rescue organization, an ambulance service, the Royal Flying Doctor Service or any other organization the sole or principal purpose of which involves securing the safety of persons during an emergency;

“prescribed provisions of this Act” means sections 11, 23, 37 and 65.

(8) The reference in sub-section (1) to a function or duty of a member of the Defence Force, or of an officer of the Department of Defence, in relation to command and control, intelligence or weapons systems is a reference to a function or duty that, under the regulations, is to be taken, for the purposes of that sub-section, to be a function or duty in relation to command and control, intelligence or weapons systems, as the case may be.

PART II—STANDARDS

Division 1Making of, and compliance with, standards

Standards

9. (1) Subject to this section, the Minister may, by instrument in writing, make standards for specified devices or devices included in a specified class of devices.


 

(2) Before making a standard, the Minister shall, by notice published in accordance with the regulations—

(a) set out the standard that he proposes to make;

(b) invite interested persons to make representations in connection with the proposed standard by such date, not being less than 1 month after the date of publication of the notice, as is specified in the notice; and

(c) specify an address or addresses to which representations in connection with the proposed standard may be forwarded.

(3) A person may, not later than the date specified in the notice, make representations to the Minister in connection with the proposed standard, and the Minister shall give due consideration to any representations so made and, if he thinks fit, alter the proposed standard.

(4) Sub-sections (2) and (3) apply in relation to such an alteration in like manner as they apply in relation to proposed standards.

(5) Standards relating to radiocommunications transmitters may consist only of such requirements as to—

(a) the performance, design, finish and construction of radiocommunications transmitters; and

(b) markings, warnings, instructions or other statements to be impressed on, worked into, or annexed or affixed to, or to accompany, radiocommunications transmitters,

as are necessary or convenient to be made for or in relation to—

(c) the operation of those radiocommunications transmitters;

(d) the prevention or reduction of prescribed interference, or risk of prescribed interference, to any other uses or functions of those radiocommunications transmitters; and

(e) the prevention or reduction of interference, or risk of interference, to radiocommunications,

but nothing in paragraph (d) or (e) shall be taken, by implication, to limit the generality of standards that may be made by virtue of paragraph (c).

(6) Standards relating to transmitters’ other than radiocommunications transmitters may consist only of such requirements as to—

(a) the performance, design, finish and construction of those transmitters; and

(b) markings, warnings, instructions or other statements to be impressed on, worked into, or annexed or affixed to, or to accompany, those transmitters,

as are necessary or convenient to be made for or in relation to—

(c) the prevention or reduction of interference, or risk of interference, to radiocommunications; and

(d) the prevention or reduction of prescribed interference, or risk of prescribed interference, to any uses or functions of those transmitters.


 

(7) Standards relating to receivers may consist only of such requirements as to—

(a) the performance, design, finish and construction of those receivers; and

(b) markings, warnings, instructions or other statements to be impressed on, worked into, or annexed or affixed to, or to accompany, those receivers,

as are necessary or convenient to be made for or in relation to—

(c) the operation of those receivers; and

(d) the prevention or reduction of prescribed interference, or risk of interference, to any other uses or functions of those receivers,

but nothing in paragraph (d) shall be taken, by implication, to limit the generality of standards that may be made by virtue of paragraph (c).

(8) Standards relating to radiosensitive equipment shall consist only of such requirements as to—

(a) the performance, design, finish and construction of that radiosensitive equipment; and

(b) markings, warnings, instructions or other statements to be impressed on, worked into, or annexed or affixed to, or to accompany, that radiosensitive equipment,

as are necessary or convenient to be made for or in relation to the prevention or reduction of prescribed interference, or risk of prescribed interference, to any uses or functions of that equipment.

(9) Sub-sections (2), (3) and (4) do not apply to the making of a standard if the Minister is satisfied that the making of the standard is a matter of urgency.

(10) Sections 48, 49 and 50 of the Acts Interpretation Act 1901 apply in relation to standards as if, in those sections, references to regulations were references to standards, references to a regulation were references to a provision of a standard and references to repeal were references to revocation.

(11) Standards may make provision for or in relation to a matter referred to in sub-section (5), (6), (7) or (8) by applying, adopting or incorporating, with or without modification, any matter contained in a standard proposed or approved by the Standards Association of Australia, or by a prescribed association or body, as in force or existing at a particular time.

(12) Standards shall be deemed to be statutory rules within the meaning of the Statutory Rules Publication Act 1903.

(13) A reference in this section to prescribed interference is a reference to interference attributable, whether wholly or partly and whether directly or indirectly, to radiocommunications.


 

Test permits

10. (1) Upon application in accordance with the appropriate approved form, the Minister may, in his discretion, grant to the applicant a permit in writing authorizing the applicant and, if the permit so specifies, his agents—

(a) to have in his or their possession specified sub-standard transmitters or sub-standard transmitters included in specified classes of sub-standard transmitters; and

(b) if, and only if, the permit so specifies—to cause such transmitters to make radio transmissions.

(2) The Minister, in exercising his powers under sub-section (1) to grant a permit, shall have regard to all matters that he considers relevant, including, but without limiting the generality of the foregoing, whether the purpose for which the permit is sought is a purpose related to—

(a) education or research;

(b) the testing of transmitters; or

(c) the demonstration of transmitters likely to be used in connection with the defence of Australia.

(3) Where the Minister makes a decision under sub-section (1) refusing to grant a test permit, he shall cause to be served on the applicant for the test permit a notice in writing setting out that decision.

(4) A test permit shall come into force on the day on which it is granted and, if it specifies a day of expiration of the permit under sub-section (5), remains in force until the expiration of the day so specified.

(5) A test permit other than a prescribed test permit shall, and a prescribed test permit may, specify a day as the day of expiration of the permit, being—

(a) unless paragraph (b) applies—a day within the period of 12 months commencing on the day on which the permit is granted or, in the case of a permit that is granted during the month of December in any year, a day not later than 31 December in the next succeeding year; or

(b) if a period longer than 12 months is prescribed in relation to all test permits or in relation to a class of test permits in which that permit is included—a day within that longer period.

(6) A test permit is subject to the following conditions:

(a) a condition that a person to whom the permit relates shall comply with the provisions of this Act;

(b) such conditions (if any) as are prescribed;

(c) such other conditions (if any) as are specified in the permit.

(7) The Minister may, by notice in writing served on the holder of a test permit—

(a) impose one or more further conditions to which the permit is subject; or


 

(b) vary or revoke any condition—

(i) imposed under paragraph (a); or

(ii) specified by him under paragraph (6) (c).

(8) A person to whom a test permit relates who, without reasonable excuse, contravenes a condition of the permit is guilty of an offence punishable on conviction by a fine not exceeding $1,000.

(9) The Minister may, in his discretion, by notice in writing served on the holder of a test permit, cancel the permit.

(10) A notice under sub-section (9) cancelling a permit shall set out the findings on material questions of fact, refer to the evidence or other material on which those findings were based and give the reasons for cancelling the permit.

(11) The Minister, in exercising his powers under sub-section (9) to cancel a permit, shall have regard to all matters that he considers relevant, including, but without limiting the generality of the foregoing, the following matters:

(a) any matter to which he may have regard in exercising his powers under sub-section (1);

(b) whether or not the holder or an agent of the holder has been convicted of an offence against sub-section (8) or section 81.

(12) In this section, “prescribed test permit” means a test permit other than a test permit authorizing radio transmission.

Offences relating to sub-standard devices

11. (1) A person who, without reasonable excuse—

(a) except in accordance with a test permit, causes a sub-standard transmitter to make a radio transmission;

(b) supplies a sub-standard device; or

(c) except in accordance with a test permit, has in his possession a sub-standard transmitter,

is guilty of an offence punishable upon conviction by a fine not exceeding $10,000 or imprisonment for a period not exceeding 5 years, or both.

(2) Without limiting the generality of the expression “reasonable excuse” in sub-section (1), it is a reasonable excuse—

(a) for the purposes of paragraphs (1) (a) and (c)—if the person caused the transmitter to make a radio transmission, or had the transmitter in his possession, in the honest belief that that transmission or possession was reasonably necessary for the purposes of—

(i) securing the safety of a vessel or aircraft that was in danger;

(ii) dealing with an emergency involving a serious threat to the environment; or

(iii) dealing with an emergency involving risk of death of, or injury to, persons or risk of substantial loss of, or substantial damage to, property;


 

(b) for the purposes of paragraph (1) (b)—

(i) if the person suppplied the device in accordance with the written permission of the Minister;

(ii) if the person supplied the device for the purposes of modifying or altering it so that it would comply with all standards applicable to it at the time of the alteration or modification; or

(iii) if the device was imported and the person supplied it for the purposes of re-export;

(c) for the purposes of paragraph (1) (c)—if the person had the transmitter in his possession for purposes that did not include the purpose of supply or the purpose of causing the transmitter to make a radio transmission; and

(d) for the purposes of paragraphs (1) (a), (b) and (c)—if the person neither knew, nor could reasonably be expected to have known, that the device was a device, or was sub-standard.

(3) Paragraphs (1) (b) and (c) do not apply to devices that are intended to be used outside Australia.

(4) A person who alters or modifies a device so that the device ceases to comply with any or all of the standards that were applicable to it when it was imported or manufactured, as the case may be, but not so as to cause it to comply with all standards applicable to it at the time of the alteration or modification is guilty of an offence punishable on conviction by a fine not exceeding $1,000.

(5) If there is applied to a device—

(a) a statement that the device is for export only; or

(b) a statement indicating, by the use of words authorized for the purposes of this sub-section by the regulations, that the device is intended to be used outside Australia,

it shall be presumed for the purposes of sub-section (3), unless the contrary is established, that the device is intended to be so used.

(6) For the purposes of sub-section (5), a statement shall be deemed to be applied to a device if—

(a) the statement is impressed on, worked into, or annexed or affixed to, the device; or

(b) the statement is applied to a covering (including a box, case, frame or wrapper), label or thing in or with which the device is supplied.

(7) Where the Minister makes a decision under paragraph (2) (b) refusing to grant permission to a person to supply a sub-standard device, the Minister shall cause to be served on the person a notice in writing setting out that decision.


 

Division 2Compliance 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.

Suspension of compliance statement certificates

13. (1) The Minister may, in his discretion, by notice in writing served on the holder of a compliance statement certificate, suspend the certificate for a specified period.

(2) A notice under sub-section (1) suspending a certificate shall set out the findings on material questions of fact, refer to the evidence or other material on which those findings were based and give the reasons for suspending the certificate.

(3) The Minister may at any time, in his discretion, by notice in writing served on the holder, revoke the suspension of a compliance statement certificate.

(4) The suspension of a compliance statement certificate, unless the certificate sooner expires or is revoked, ceases—

(a) if proceedings for an offence against section 15 or 81 are instituted within 28 days after the suspension—

(i) if the defendant is convicted of that offence—on the expiration of 14 days after the date of the conviction; or

(ii) in any other case—on the completion of the proceedings; or

(b) in any other case—on the expiration of 28 days after the suspension.

(5) In sub-section (4), “proceedings” does not include proceedings by way of appeal or review.


 

Cancellation of compliance statement certificates

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

(2) A notice under sub-section (1) cancelling a certificate shall set out the findings on material questions of fact, refer to the evidence or other material on which those findings were based and give the reasons for cancelling the certificate.

(3) The Minister, in exercising his powers under sub-section (1) to cancel a certificate, shall have regard to all matters that he considers relevant, including, but without limiting the generality of the foregoing, whether or not the holder or an agent of the holder has been convicted of an offence against section 15 or 81.

Offences relating to compliance statements, &c.

15. (1) A person shall not, except in accordance with a compliance statement certificate, apply a statement purporting to be a compliance statement to a device.

(2) A person shall not, in purported compliance with a request under sub-section 12 (2) to submit a device included in a class of devices, submit a device that to his knowledge is not included in that class.

Penalty: $1,000.

PART III—ADVISORY GUIDELINES

Advisory guidelines

16. (1) The Minister may, by instrument in writing, make advisory guidelines relating to any matter in connection with radio transmission or the reception of radio transmission.

(2) Without limiting the generality of sub-section (1), advisory guidelines may be made—

(a) with respect to any matter in respect of which standards may be made under section 9;

(b) with respect to the use, construction, design or performance of any thing; and

(c) with respect to the construction or design of buildings and other structures.

(3) An advisory guideline shall be published in the prescribed manner.

(4) Before making an advisory guideline, the Minister shall, by notice published in accordance with the regulations—

(a) set out the guideline that he proposes to make;

(b) invite interested persons to make representations in connection with the proposed guideline by such date, not being less than 1 month after the date of publication of the notice, as is specified in the notice; and


 

(c) specify an address or addresses to which representations in connection with the proposed guideline may be forwarded.

(5) A person may, not later than the date specified in the notice, make representations to the Minister in connection with the proposed guideline, and the Minister shall give due consideration to any representations so made and, if he thinks fit, alter the proposed guideline.

(6) Sub-sections (4) and (5) apply in relation to such an alteration in like manner as they apply in relation to proposed guidelines.

(7) The Minister shall cause a copy of an advisory guideline to be laid before each House of the Parliament within 15 sitting days of that House after the making of the advisory guideline.

PART IV—RADIO FREQUENCY PLANNING

Interpretation

17. In this Part—

“frequency band” means a band referred to in a spectrum plan;

“spectrum” means the range of frequencies on which radiocommunications are capable of being made;

“spectrum plan” means a spectrum plan prepared under section 18;

“use” includes—

(a) reservation for future use; and

(b) reservation for the prevention or control of interference to radiocommunications.

Spectrum plan

18. (1) The Minister may, by instrument in writing, prepare a spectrum plan.

(2) A spectrum plan shall—

(a) divide the spectrum into such number of frequency bands as the Minister thinks appropriate and assign a name or other designation to each band;

(b) designate a band or bands as a band or bands to be used primarily for the general purposes of defence; and

(c) specify the general purpose or purposes for which each other band may be used.

Frequency band plans

19. (1) The Minister may, by instrument in writing, prepare for each frequency band a plan not inconsistent with the spectrum plan.

(2) A frequency band plan shall make provision for and in relation to the purpose or purposes for which the band may be used, including, but without limiting the generality of the foregoing, provisions specifying the purpose or


 

purposes for which any part of the band (including any particular frequency or frequency channel) may be used.

(3) A frequency band plan may be made either generally or as otherwise provided in the plan concerned and, but without limiting the generality of the foregoing, may apply—

(a) with respect to a specified area; and

(b) with respect to a specified period.

Publication and tabling of plans

20. (1) Before preparing a spectrum plan or a frequency band plan, the Minister shall, by notice published in accordance with the regulations—

(a) set out the plan that he proposes to prepare;

(b) invite interested persons to make representations in connection with the proposed plan by such date, not being less than 1 month after the date of publication of the notice, as is specified in the notice; and

(c) specify an address or addresses to which representations in connection with the proposed plan may be forwarded.

(2) A person may, not later than the date specified in the notice, make representations to the Minister in connection with the proposed plan, and the Minister shall give due consideration to any representations so made and, if he thinks fit, alter the proposed plan.

(3) Sub-sections (1) and (2) apply in relation to such an alteration in like manner as they apply in relation to proposed plans.

(4) Sub-sections (1), (2) and (3) do not apply to the preparation of a plan if the Minister is satisfied that the preparation of the plan is a matter of urgency.

(5) Sections 48, 49, 49a and 50 of the Acts Interpretation Act 1901 apply in relation to plans as if in those sections references to regulations were references to plans, references to a regulation were references to a provision of a plan and references to repeal were references to revocation.

(6) Plans shall be deemed to be statutory rules within the meaning of the Statutory Rules Publication Act 1903.

PART V—FREQUENCY RESERVATION CERTIFICATES

Frequency reservation certificates

21. (1) Subject to this section, upon application made in accordance with the appropriate approved form, the Minister may, in his discretion, grant to the applicant a certificate in writing reserving, in the name of the applicant, an unallocated frequency determined under sub-section (12).

(2) The Minister shall not grant a certificate reserving a frequency unless he is satisfied that—

(a) the frequency is available for reservation; and


 

(b) the application for the certificate is made in good faith.

(3) Where the Minister makes a decision under sub-section (1) refusing to grant a certificate, he shall cause to be served on the applicant for the certificate a notice in writing setting out that decision.

(4) A frequency reservation certificate comes into force on the day on which it is granted and remains in force until the expiration of the day specified under sub-section (5).

(5) A frequency reservation certificate shall specify as the day of expiration of the certificate—

(a) unless paragraph (b) applies—a day within the period of 12 months commencing on the day on which the certificate is granted or, in the case of a certificate that is granted during the month of December in any year, a day not later than 31 December in the next succeeding year; or

(b) if a period longer than 12 months is prescribed in relation to all frequency reservation certificates or in relation to a class of frequency reservation certificates in which that certificate is included—a day within that longer period.

(6) Where an unallocated frequency is reserved in the name of a person in accordance with a frequency reservation certificate, the Minister shall not grant to a person other than that person a test permit, transmitter licence or temporary permit authorizing the operation of a transmitter in a manner inconsistent with that reservation.

(7) For the purposes of sub-section (6), the grant of a test permit, transmitter licence or temporary permit authorizing the operation of a transmitter for a period not exceeding 14 days shall be deemed to be not inconsistent with a reservation.

(8) Nothing in this Act shall be taken, by implication, to confer an entitlement on the holder of a frequency reservation certificate to be granted a test permit, a transmitter licence or a temporary permit under this Act or a licence under the Broadcasting and Television Act 1942.

(9) The Minister may, in his discretion, by notice in writing served on the holder of a frequency reservation certificate, cancel the certificate.

(10) A notice under sub-section (9) cancelling a certificate shall set out the findings on material questions of fact, refer to the evidence or other material on which those findings were based and give the reasons for cancelling the certificate.

(11) The Minister, in exercising his powers under sub-section (9) to cancel a frequency reservation certificate, shall have regard to all matters that he considers relevant, including, but without limiting the generality of the foregoing, any alteration made to—

(a) a frequency band plan or a spectrum plan; or


 

(b) regulations made by virtue of section 22.

(12) For the purposes of this section, where the Minister is satisfied that a part of a frequency band (including any particular frequency or frequency channel) is a part on which radio transmissions, if made, would not be likely to interfere substantially with radio transmissions lawfully made, he may determine that part to be an unallocated frequency.

(13) A reservation of an unallocated frequency in accordance with a frequency reservation certificate or a determination under sub-section (12) may be made either generally or as otherwise provided in the certificate or determination and, but without limiting the generality of the foregoing, may apply—

(a) with respect to a specified area; and

(b) with respect to a specified period.

PART VI—TRANSMITTER LICENCES AND TEMPORARY PERMITS

Interpretation

22. In this Part—

“radiocommunications transmitter” does not include a transmitter included in a prescribed class of transmitters;

“operate”, in relation to a radiocommunications transmitter, does not include operate for the purpose of the transmission to the general public of radio programs or television programs.

Radiocommunications transmitter not to be operated, &c., without transmitter licence or temporary permit

23. (1) A person shall not, without reasonable excuse, operate, or have in his possession for the purpose of operation, a radiocommunications transmitter except in accordance with a transmitter licence or a temporary permit.

(2) Without limiting the generality of the expression “reasonable excuse” in sub-section (1), it is a reasonable excuse if a person operated a radiocommunications transmitter, or had a radiocommunications transmitter in his possession, in the honest belief that that operation or possession was reasonably necessary for the purpose of—

(a) securing the safety of a vessel or aircraft that was in danger;

(b) dealing with an emergency involving a serious threat to the environment; or

(c) dealing with an emergency involving risk of death of, or injury to, persons, or risk of substantial loss of, or substantial damage to, property.

Penalty: $2,000 or imprisonment for 12 months.


 

Transmitter licence

24. (1) Upon application made in accordance with the appropriate approved form, the Minister may, in his discretion, grant to the applicant a licence, in writing, to operate, and to possess, specified radiocommunications transmitters or radiocommunications transmitters included in specified classes of radiocommunications transmitters.

(2) The Minister, in exercising his powers under sub-section (1) to grant a transmitter licence, shall have regard to all matters that he considers relevant, including, but without limiting the generality of the foregoing, the following matters:

(a) whether or not—

(i) the applicant; or

(ii) each person specified by the applicant as a person to whom the applicant, if successful in his application, proposes to give an authority under sub-section 26 (1),

is a qualified operator in relation to any licence that the Minister may grant as a result of the application;

(b) the extent (if any) to which the purpose of the operation of the transmitters specified by the applicant is a purpose that could reasonably, in all the circumstances, be effected by a means other than the proposed operation of the transmitters;

(c) whether or not the Minister is satisfied that the proposed operation of the transmitters is in accordance with the appropriate frequency band plan;

(d) the effect on radiocommunications of the proposed operation of the transmitters;

(e) whether or not the Minister is satisfied that the proposed operation of the transmitters is not reasonably likely to cause death of, or injury to, persons, or loss of, or damage to, property.

(3) Where the Minister makes a decision under sub-section (1) refusing to grant a transmitter licence, he shall cause to be served on the applicant for the licence a notice in writing setting out that decision.

(4) A transmitter licence comes into force on the day on which it is granted and, subject to this Act, remains in force until the expiration of the day specified under sub-section (5).

(5) A transmitter licence shall specify as the day of the expiration of the licence—

(a) unless paragraph (b) applies—a day within the period of 12 months commencing on the day on which the licence is granted or, in the case of a licence that is granted during the month of December in any year, a day not later than 31 December in the next succeeding year; or

(b) if a period longer than 12 months is prescribed in relation to all transmitter licences or in relation to a class of transmitter licences in which that licence is included—a day within that longer period.


 

Conditions to which transmitter licence is subject

25. (1) A licence to operate and possess a radiocommunications transmitter is subject to the following conditions:

(a) a condition that the holder of the licence shall not operate, or permit the operation of, the transmitter except for a purpose specified in the licence, being a purpose not inconsistent with a purpose of a kind specified in the appropriate frequency band plan under sub-section 19 (2);

(b) a condition that the holder of the licence shall not operate, or permit the operation of, the transmitter except in accordance with provisions specified in the licence, being provisions relating to—

(i) the prevention or reduction of interference, or of the likelihood of interference, to radiocommunications;

(ii) the prevention or reduction of risk of death of, or injury to, persons, or risk of loss of, or damage to, property; or

(iii) the transmission of an identification signal;

(c) a condition that the holder of the licence shall not operate, or permit the operation of, the transmitter except on a frequency or frequencies or on a frequency channel, and at a constancy, specified in the licence;

(d) a condition that the holder of the licence shall not operate, or permit the operation of, the transmitter in such a manner as would be likely to cause reasonable persons, justifiably in all the circumstances, to be seriously alarmed or seriously affronted, or for the purposes of harassing a person;

(e) a condition that the holder of the licence shall not operate the transmitter unless he is a qualified operator in relation to the licence;

(f) a condition that the holder of the licence shall comply with sub-section 269a (2) of the Navigation Act 1912;

(g) a condition that the holder of the licence shall comply with any direction with respect to the operation of the transmitter given to him, in a manner not inconsistent with any relevant guidelines in force under sub-section (4), either orally or in writing, by—

(i) a member of the Australian Federal Police;

(ii) a member of the police force of a State or Territory;

(iii) an officer of the Defence Force;

(iv) an officer of the Australian Coastal Surveillance Centre; or

(v) an officer included in a prescribed class of officers, being an officer of a prescribed organization the sole or principal purpose of which is to deal with natural disasters,

that is reasonably necessary for the purposes of—

(vi) securing the safety of a vessel or aircraft that is in danger;

(vii) dealing with an emergency involving a serious threat to the environment; or


 

(viii) dealing with an emergency involving risk of death of, or injury to, persons or risk of substantial loss of, or substantial damage to, property;

(h) a condition that the holder of the licence shall comply with the provisions of this Act;

(j) such conditions (if any) as are prescribed;

(k) such other conditions (if any) as are specified in the licence.

(2) References in sub-section (1) to the holder of a licence include references to the holder of an authority given under sub-section 26 (1) by the holder of the licence.

(3) The Minister may, by notice in writing served on the holder of a licence—

(a) impose one or more further conditions to which the licence is subject;

(b) revoke or vary any condition—

(i) imposed under paragraph (a); or

(ii) specified by him under paragraph (1) (k); or

(c) vary any condition to which the licence is subject, being a condition of a kind referred to in paragraph (1) (a), (b) or (c).

(4) The Minister may, by instrument in writing, make guidelines—

(a) to be applied by him with respect to the exercise of his powers under sub-sections (1) and (3); and

(b) for the purposes of paragraph (1) (g).

(5) The Minister, in exercising his powers under sub-section (1) or (3), shall comply with any relevant guidelines in force under sub-section (4).

(6) Sections 48, 49, 49a and 50 of the Acts Interpretation Act 1901 apply in relation to guidelines made under sub-section (4) as if in those sections references to regulations were references to guidelines, references to a regulation were references to a guideline and references to repeal were references to revocation.

(7) Guidelines in force under sub-section (4) shall be deemed to be statutory rules within the meaning of the Statutory Rules Publication Act 1903.

(8) Nothing in paragraphs (1) (a) to (h) (inclusive) shall be taken, by implication, to limit the generality of the conditions that may be prescribed for the purposes of paragraph (1) (j), specified under paragraph (1) (k) or imposed under paragraph (3) (a).

(9) In this section, “operate”, in relation to a transmitter, includes operate in a manner likely to cause interference, or risk of interference, to radiocommunications.


 

Authorities under transmitter licences

26. (1) Subject to sub-section (6), the holder of a transmitter licence may, either generally or as otherwise provided by the instrument of authority, give to a person written authority to do for him and on his behalf anything that may lawfully be done in accordance with the licence.

(2) Where the doing of anything by a person is authorized by an authority given by the holder of a transmitter licence in accordance with sub-section (1), the licence shall, for the purposes of this Act, be deemed to authorize the doing of that thing by that person.

(3) The giving of an authority under sub-section (1) does not prevent the doing of anything in accordance with the licence by the holder of the licence.

(4) Except as provided in this section, a licence does not authorize the doing of anything by a person for or on behalf of the holder of the licence.

(5) Where the Minister is satisfied that the holder of an authority given under sub-section (1) has contravened a condition of the licence to which the authority relates, he may, by notice in writing served on the holder of the licence, direct the holder to revoke that authority.

(6) As soon as practicable and, in any event, within 7 days after the service on the holder of a licence of a notice under sub-section (5) directing the revocation of an authority given to a person under sub-section (1), the holder of the licence shall revoke that authority, and, until the direction is revoked under sub-section 86 (4) of this Act or sub-section 33 (3) of the Acts Interpretation Act 1901 or is set aside by a court or the Administrative Appeals Tribunal, the holder of the licence shall not give a further authority under that sub-section to that person.

(7) A person who gives an authority in accordance with sub-section (1) shall cause to be kept in Australia a copy of that authority.

(8) A person who gives an authority in accordance with sub-section (1) shall retain a copy of that authority for at least one year after the authority ceases to be in force.

Penalty: $200.

Contravening conditions of transmitter licences

27. A person who, without reasonable excuse, contravenes a condition of a transmitter licence is guilty of an offence punishable on conviction by a fine not exceeding $1,000.

Suspension of transmitter licences

28. (1) The Minister may, in his discretion, by notice in writing served on the holder of a transmitter licence, suspend the licence for a specified period.

(2) A notice under sub-section (1) suspending a licence shall set out the findings on material questions of fact, refer to the evidence or other material on which those findings were based and give the reasons for suspending the licence.


 

(3) The Minister may, at any time, in his discretion, by notice in writing served on the holder, revoke the suspension of a transmitter licence.

(4) The suspension of a transmitter licence, unless it sooner expires or is revoked, ceases—

(a) if proceedings for an offence against this Act are instituted against the holder within 28 days after the suspension—

(i) if the holder is convicted of that offence—on the expiration of 14 days after the date of the conviction; or

(ii) in any other case—on the completion of the proceedings; or

(b) in any other case—on the expiration of 28 days after the suspension.

(5) In sub-section (4), “proceedings” does not include proceedings by way of appeal or review.

Cancellation of transmitter licences

29. (1) The Minister may, in his discretion, by notice in writing served on the holder of a transmitter licence, cancel the licence.

(2) A notice under sub-section (1) cancelling a licence shall set out the findings on material questions of fact, refer to the evidence or other material on which those findings were based and give the reasons for cancelling the licence.

(3) The Minister, in exercising his powers under sub-section (1) to cancel a licence, shall have regard to all matters that he considers relevant, including, but without limiting the generality of the foregoing, the following matters:

(a) any matter to which he may have regard in exercising his powers under sub-section 24 (1);

(b) whether or not a person has been convicted of an offence against section 26, 27, 30 or 81 in relation to the licence.

Notice to holder of authority under sub-section 26 (1)

30. (1) As soon as practicable, and in any event, within 7 days after the service of a notice under sub-section 25 (3), 26 (6), 28 (1) or 29 (1) on the holder of a transmitter licence, the holder of the licence shall notify each person who is the holder of an authority under sub-section 26 (1) in relation to the licence of the effect of that notice.

Penalty: $500.

(2) The service of a notice referred to in sub-section (1) on the holder of a licence does not render unlawful anything done by a person referred to in that sub-section before that person receives notification under that sub-section.

Certificates of proficiency

31. (1) Subject to this section, upon application made in accordance with the appropriate approved form, the Minister shall issue a certificate of proficiency, in writing, certifying that, for the purposes of this Act, the holder of the certificate shall be taken to be a qualified operator in relation to transmitter licences included in specified classes of transmitter licences.


 

(2) The Minister shall not issue a certificate under sub-section (1) to an applicant unless—

(a) the Minister is satisfied that the applicant has attained the age that is the prescribed age in relation to the class of certificates in which that certificate is included;

(b) the Minister is satisfied, whether by reason of the results of a medical examination of the applicant made by an approved medical practitioner, or otherwise, that the applicant has such physical and mental capacity as the Minister considers necessary;

(c) the Minister—

(i) is satisfied that the applicant has achieved satisfactory results in approved examinations or in examinations conducted in accordance with the regulations; or

(ii) is satisfied, upon reasonable grounds, that the applicant would be likely to achieve such results; and

(d) the Minister is satisfied that the applicant has not committed such misconduct in relation to radio transmission as to render the person not a fit and proper person to be a qualified operator,

and, where the Minister is not so satisfied, he shall refuse to issue a certificate.

(3) Where the Minister makes a decision under sub-section (2) refusing to issue a certificate of proficiency, he shall cause to be served on the applicant for the certificate a notice in writing setting out that decision.

(4) In this section—

“approved examination” means an examination approved by the Minister, by instrument in writing, for the purposes of this section;

“approved medical practitioner” means a medical practitioner approved by the Minister, by instrument in writing, for the purposes of this section;

“prescribed age”, in relation to a class of certificates of proficiency, means the age that the Minister, by notice published in the Gazette, declares to be the prescribed age for the purposes of this section in relation to that class.

Re-examination of qualified operators

32. (1) Where, at any time, the Minister has reasonable grounds for believing that it is likely that a qualified operator will be unable to achieve satisfactory results in an examination of the kind referred to in paragraph 31 (2) (c), he may, in his discretion, by notice in writing served on the operator, request the operator to submit himself to an examination, or a further examination, of that kind.

(2) A notice under sub-section (1) shall set out—

(a) particulars of the examination to which the operator is requested to submit himself;

(b) the time and place of the examination; and

(c) the effect of paragraph 33 (2) (c).


 

Cancellation of certificates of proficiency

33. (1) The Minister may, in his discretion, by notice in writing served on a qualified operator, cancel the certificate of proficiency of that operator.

(2) The Minister, in exercising his powers under sub-section (1) to cancel the certificate of proficiency of a qualified operator, shall have regard to all matters that he considers relevant, including, but without limiting the generality of the foregoing, the following matters:

(a) any matter to which the Minister may have regard in exercising his powers under section 31;

(b) whether or not the Minister is satisfied that the operator has failed to achieve satisfactory results in an examination or further examination referred to in section 32;

(c) whether or not the operator has refused or failed, without reasonable excuse, to comply with a request made by the Minister under section 32;

(d) whether or not—

(i) the operator has been convicted of an offence against section 81 or the regulations;

(ii) the Minister is satisfied that the operator has, in a medical examination of the kind referred to in paragraph 31 (2) (b), made a statement that was, to his knowledge, false or misleading in a material particular; or

(iii) the Minister is satisfied that the operator has contravened regulations or rules relating to the conduct or administration of an examination of the kind referred to in paragraph 31 (2) (c).

Certain persons deemed to be qualified operators

34. (1) The Minister may, by notice published in the Gazette, declare that a specified person or a person included in a specified class of persons shall be deemed, for the purposes of this Act (other than section 33), to be a qualified operator in relation to transmitter licences included in a specified class of transmitter licences.

(2) Where the Minister is satisfied that a person who is a qualified operator for the purposes of transmitter licences included in a particular class of transmitter licences by virtue of a declaration under sub-section (1)—

(a) has failed to achieve satisfactory results in an examination referred to in section 32; or

(b) has refused or failed, without reasonable excuse, to comply with a request made by the Minister under section 32,

the Minister may, in his discretion, by notice in writing served on the person, revoke the declaration with effect from such date as the Minister specifies in the notice, being a day later than 28 days after service of the notice, in so far as the declaration deems the person to be a qualified operator for the purposes of licences included in that class of licences.


 

(3) A copy of a notice under sub-section (2) shall be published in the Gazette.

(4) Except as expressly provided by sub-sections (2) and (3), nothing in those sub-sections affects the Minister’s powers under sub-section 33 (3) of the Acts Interpretation Act 1901 to vary or revoke a declaration under sub-section (1).

Temporary permits for non-resident aliens, &c.

35. (1) Upon application made either orally or in writing, the Minister may, in his discretion, grant to the applicant a temporary permit in writing authorizing a specified prescribed person, or prescribed persons included in a specified class of prescribed persons, to operate, and to possess, specified radiocommunications transmitters or radiocommunications transmitters included in specified classes of radiocommunications transmitters.

(2) A temporary permit shall come into force on the day on which it is granted and remains in force until the expiration of the day specified under sub-section (3).

(3) A temporary permit shall specify as the day of the expiration of the permit—

(a) unless paragraph (b) applies—a day within the period of 12 months commencing on the day on which the permit is granted or, in the case of a permit that is granted during the month of December in any year, a day not later than 31 December in the next succeeding year; or

(b) if a period longer than 12 months is prescribed in relation to all temporary permits or in relation to a class of temporary permits in which that permit is included—a day within that longer period.

(4) A temporary permit authorizing a person to operate a transmitter is subject to the following conditions:

(a) a condition that the person shall comply with sub-section 269a (2) of the Navigation Act 1912;

(b) a condition that the person shall comply with the provisions of this Act;

(c) such conditions (if any) as are prescribed;

(d) such other conditions (if any) as are specified in the permit.

(5) The Minister may, by notice in writing—

(a) impose one or more further conditions to which a permit is subject; or

(b) revoke or vary any condition—

(i) imposed under paragraph (a); or

(ii) specified under paragraph (4) (d).

(6) A notice under sub-section (5) in relation to a permit shall be served—

(a) in a case where the permit authorizes prescribed persons included in a specified class of prescribed persons to operate a transmitter—on the holder of the permit; or


 

(b) in a case where the permit authorizes a specified prescribed person to operate a transmitter—on that person and on the holder of the permit.

(7) Nothing in paragraph (4) (a) or (b) shall be taken, by implication, to limit the generality of the conditions that may be prescribed for the purposes of paragraph (4) (c), specified under paragraph (4) (d) or imposed under paragraph (5) (a).

(8) A person authorized to operate a transmitter in accordance with a temporary permit who, without reasonable excuse, contravenes a condition of the permit is guilty of an offence punishable on conviction by a fine not exceeding $1,000.

(9) The Minister may, in his discretion, by notice in writing served on the holder of a temporary permit, cancel the permit.

(10) A notice under sub-section (9) cancelling a permit shall set out the findings on material questions of fact, refer to the evidence or other material on which those findings were based and give the reasons for cancelling the permit.

(11) The Minister, in exercising his powers under sub-section (9) to cancel a temporary permit, shall have regard to all matters that he considers relevant, including, but without limiting the generality of the foregoing, the following matters:

(a) whether or not a person has been convicted of an offence against sub-section (8) or section 81 in relation to the permit;

(b) whether or not the holder has ceased to be a prescribed person.

(12) In this section, “prescribed person” means—

(a) the holder of a temporary entry permit in force under the Migration Act 1958; or

(b) a member of the crew of a foreign aircraft or foreign vessel.

PART VII—RECEIVER LICENCES

Interpretation

36. In this Part—

“operate”, in relation to a receiver, does not include operate for the purpose of radio or television reception;

“radio or television reception” means reception of either or both of the following:

(a) radio programs transmitted for reception by the general public;

(b) television programs transmitted for reception by the general public;

“receiver” means a receiver declared by the regulations to be a receiver for the purposes of this Part, but does not include a receiver designed or intended only for radio or television reception.


 

Receiver not to be operated, &c., without receiver licence

37. (1) A person shall not, without reasonable excuse, operate, or have in his possession for the purpose of operation, a receiver except in accordance with a receiver licence.

(2) Without limiting the generality of the expression “reasonable excuse” in sub-section (1), it is a reasonable excuse if a person operated a receiver, or had a receiver in his possession, in the honest belief that that operation or possession was reasonably necessary for the purpose of—

(a) securing the safety of a vessel or aircraft that was in danger;

(b) dealing with an emergency involving a serious threat to the environment; or

(c) dealing with an emergency involving risk of death of, or injury to, persons, or risk of substantial loss of, or substantial damage to, property.

Penalty: $2,000 or imprisonment for 12 months.

Receiver licence

38. (1) Upon application in accordance with the appropriate approved form, the Minister may, in his discretion, grant to the applicant a licence in writing to operate specified receivers or receivers included in a specified class of receivers.

(2) The Minister, in exercising his powers under sub-section (1) to grant a licence, shall have regard to all matters that he considers relevant, including, but without limiting the generality of the foregoing, the following matters:

(a) whether or not the Minister is satisfied that the proposed operation of the receivers is in accordance with the appropriate frequency band plan;

(b) the effect on radiocommunications of the proposed operation of the receivers.

(3) Where the Minister makes a decision under sub-section (1) refusing to grant a receiver licence, he shall cause to be served on the applicant for the licence a notice in writing setting out that decision.

(4) A receiver licence comes into force on the day on which it is granted and remains in force until the expiration of the day specified under sub-section (5).

(5) A receiver licence shall specify as the day of the expiration of the licence—

(a) unless paragraph (b) applies—a day within the period of 12 months commencing on the day on which the licence is granted or, in the case of a licence that is granted during the month of December in any year, a day not later than 31 December in the next succeeding year; or

(b) if a period longer than 12 months is prescribed in relation to all receiver licences or in relation to a class of receiver licences in which that licence is included—a day within that longer period.


 

(6) A receiver licence is subject to the following conditions:

(a) a condition that the holder of the licence shall comply with the provisions of this Act;

(b) such conditions (if any) as are prescribed;

(c) such other conditions (if any) as are specified in the licence.

(7) The Minister may, by notice in writing served on the holder of a receiver licence—

(a) impose one or more further conditions to which the receiver licence is subject; or

(b) vary or revoke any condition—

(i) imposed under paragraph (a); or

(ii) specified by him under paragraph (6) (c).

(8) The holder of a receiver licence who, without reasonable excuse, contravenes a condition of the licence is guilty of an offence punishable on conviction by a fine not exceeding $1,000.

(9) The Minister may, in his discretion, by notice in writing served on the holder of a receiver licence, cancel the licence.

(10) A notice under sub-section (9) cancelling a licence shall set out the findings on material questions of fact, refer to the evidence or other material on which those findings were based and give the reasons for cancelling the licence.

(11) The Minister, in exercising his powers under sub-section (9) to cancel a receiver licence, shall have regard to all matters that he considers relevant, including, but without limiting the generality of the foregoing, whether or not the holder of the licence has been convicted of an offence against sub-section (8) or section 81 in relation to the licence.

PART VIII—RESTRICTED USE ZONES

Interpretation

39. In this Part, “order” means an order made under section 41.

Declaration of radiocommunications emergency

40. (1) Subject to this section, the Governor-General may, by Proclamation, declare that a radiocommunications emergency will exist during a period (in this Part referred to as a “period of emergency”) specified in the Proclamation.

(2) The Governor-General shall not make a Proclamation under sub-section (1) unless he is satisfied that it is necessary in the public interest to do so by reason that there is an emergency involving—

(a) prejudice to the security or defence of Australia;

(b) a serious threat to the environment; or

(c) risk of death of, or injury to, persons, or risk of substantial loss of, or substantial damage to, property.


 

(3) The period specified in a Proclamation under sub-section (1) shall be expressed to commence on a date not earlier than the date on which the Proclamation is published in the Gazette and shall not exceed 3 months.

(4) If, at any time during a period of emergency specified in a Proclamation under sub-section (1), the Governor-General becomes satisfied that it is no longer necessary in the public interest that the period of emergency should continue, he shall, by Proclamation, revoke the first-mentioned Proclamation and, upon the revocation of the first-mentioned Proclamation, the period of emergency terminates.

Orders

41. (1) During a period of emergency, the Minister may, by order in writing, prohibit or regulate the operation, within a specified area, of radiocommunications transmitters.

(2) During a period of emergency, the Minister may, by order in writing, prohibit or regulate the use of transmitters within a specified area, being use in a manner likely to interfere with radiocommunications.

(3) Unless it is expressed so to apply, an order does not apply to a broadcasting station or a television station or to a fixed transmitter the use or operation of which is essential to the operation of a broadcasting station or television station.

(4) The Minister shall not make an order unless guidelines made under section 42 are in force.

(5) In the making of orders, the Minister shall comply with guidelines in force under section 42.

(6) Where an order is made, a copy of the order shall be published in the Gazette and the order shall come into force on the date of publication or, if a later date (being a date during a period of emergency) is specified in the order, on the date so specified.

(7) As soon as practicable after the making of an order, the Minister—

(a) shall cause a copy of the order to be published in a daily newspaper or newspapers circulating generally in the capital city of each State and of the Northern Territory and in the Australian Capital Territory; and

(b) may, if he thinks fit, cause particulars of the order to be published by radio broadcast or television,

but failure by the Minister to cause an order to be published in accordance with paragraph (a) does not affect the validity of the order.

(8) Sections 48 (other than paragraphs (1) (a) and (b) and sub-section (2)), 49 and 50 of the Acts Interpretation Act 1901 apply to orders as if in those sections references to regulations were references to orders, references to a regulation were references to a provision of an order and references to repeal were references to revocation.


 

(9) Subject to sub-section (10), unless sooner revoked under sub-section 33 (3) of the Acts Interpretation Act 1901 or set aside by a court, an order shall be deemed to be revoked on the expiration of the period of emergency during which it came into force.

(10) If, during a period of emergency, a Proclamation under sub-section 40 (1) declares that an emergency will exist during a period commencing immediately after the expiration of the first-mentioned period, any order in force immediately before the expiration of the first-mentioned period (including an order in force by virtue of a previous application or previous applications of this sub-section) continues in force, unless revoked under sub-section 33 (3) of the Acts Interpretation Act 1901, disallowed under section 48 of that Act as applied by sub-section (8) of this section or set aside by a court, but, subject to a further application or further applications of this sub-section, shall be deemed to be revoked on the expiration of the second-mentioned period.

(11) Orders shall be deemed not to be statutory rules within the meaning of the Statutory Rules Publication Act 1903.

Guidelines for making orders

42. (1) At any time (whether or not during a period of emergency) the Minister may, by instrument in writing—

(a) make guidelines to be applied by him with respect to the exercise of his powers under section 41 to make orders;

(b) vary guidelines made by him under this sub-section (including guidelines varied by virtue of a previous application or previous applications of this sub-section); and

(c) revoke guidelines made by him under this sub-section (including guidelines varied by virtue of a previous application or previous applications of this sub-section).

(2) The Minister shall, as soon as practicable after making an instrument under sub-section (1), cause—

(a) notification of the making of the instrument to be published in the Gazette; and

(b) a copy of the instrument to be laid before each House of the Parliament.

(3) Subject to sub-section (4), an instrument made under sub-section (1) comes into force at the expiration of—

(a) unless paragraph (b) applies—the fifth sitting day of the House of Representatives after a copy of the instrument is laid before that House; or

(b) if the fifth sitting day of the Senate after a copy of the instrument is laid before the Senate is a later day than the day referred to in paragraph (a)—that fifth sitting day of the Senate.


 

(4) If either House of the Parliament, within 5 sitting days after a copy of an instrument made under sub-section (1) has been laid before that House, passes a resolution disallowing the instrument, the instrument shall not come into force.

(5) If, before the expiration of 5 sitting days of a House of the Parliament after a copy of an instrument made under sub-section (1) has been laid before that House—

(a) the House of Representatives is dissolved or expires, or the Parliament is prorogued; and

(b) at the time of the dissolution, expiry or prorogation, as the case may be—

(i) a notice of motion disallowing the instrument has not been withdrawn and the motion has not been called on; or

(ii) a motion disallowing the instrument has been called on, moved and seconded and has not been withdrawn or otherwise disposed of,

the copy of the instrument shall, for the purposes of this section, be deemed to have been laid before that first-mentioned House on the first sitting day of that first-mentioned House after the dissolution, expiry or prorogation, as the case may be.

(6) Guidelines in force under this section shall be deemed to be statutory rules within the meaning of the Statutory Rules Publication Act 1903.

Offence of contravening an order

43. (1) A person who, without reasonable excuse, contravenes an order is guilty of an offence punishable on conviction by a fine not exceeding $5,000.

(2) Without limiting the generality of the expression “reasonable excuse” in sub-section (1), it is a reasonable excuse for the purposes of that sub-section if a person contravened the order in the honest belief that the act or omission constituting the contravention was reasonably necessary for the purposes of—

(a) securing the safety of a vessel or aircraft that was in danger;

(b) dealing with an emergency involving a serious threat to the environment; or

(c) dealing with an emergency involving risk of death of, or injury to, persons, or risk of substantial damage to, or substantial loss of, property.

Orders to prevail over inconsistent laws

44. (1) Subject to sub-section (2), an order has effect notwithstanding any law of the Commonwealth (other than this Act), or any law of a State or Territory, that is inconsistent with that order.

(2) This Part is not intended to affect the operation of a law of a State or Territory to the extent that that law is capable of operating concurrently with this Part.


 

(3) In sub-section (1), “this Act” does not include the regulations.

PART IX—SETTLEMENT OF INTERFERENCE DISPUTES

Interpretation

45. A reference in this Part to engaging in conduct is a reference to doing or refusing to do any act.

Reference of matters to conciliator

46. (1) Where—

(a) a complaint in writing is made to the Minister that—

(i) a person has engaged, is engaging, or is proposing to engage, in any conduct that has caused, is causing, or is likely to cause interference, or risk of interference, to radiocommunications or that has caused, is causing, or is likely to cause any other disruption or disturbance, or risk of disruption or disturbance, to radiocommunications; and

(ii) the interests of the complainant have been, are, or are likely to be, affected by the conduct; or

(b) it appears to the Minister that—

(i) a person has engaged, is engaging, or is proposing to engage, in conduct of the kind referred to in sub-paragraph (a) (i); and

(ii) the interests of another person have been, are, or are likely to be, affected by the conduct,

the Minister may, in his discretion, refer the matter to a conciliator.

(2) In exercising his powers under sub-section (1) to refer a matter to a conciliator, the Minister shall have regard to all matters that he considers relevant, including, but without limiting the generality of the foregoing, any matter of a kind referred to in paragraph 47 (2) (a) or (b).

(3) Where the Minister decides not to refer a complaint to a conciliator, he shall, by notice in writing served on the complainant, inform the complainant of that decision and of the reasons for that decision.

Functions of conciliator

47. (1) A conciliator to whom a matter is referred under section 46 shall, subject to this Part—

(a) inquire into the conduct to which the matter relates and endeavour to effect a settlement of the matter; and

(b) submit to the Minister his report on the inquiry and his endeavours to effect a settlement of the matter.


 

(2) A conciliator may decide not to inquire into conduct to which a matter relates, or if the conciliator has commenced to inquire into the conduct, decide not to continue to inquire into the conduct, if—

(a) he is of the opinion that—

(i) the matter is trivial; or

(ii) the person whose interests are alleged to have been, to be, or to be likely to be, affected, as the case may be, does not desire that the inquiry be made or continued, as the case may be; or

(b) in a case where the inquiry results from a complaint to the Minister, the conciliator is of the opinion that—

(i) the complaint was frivolous or vexatious or was not made in good faith;

(ii) the interests of the complainant have not been, are not being or are not likely to be affected by the conduct; or

(iii) there is some other remedy that is reasonably available to the complainant.

(3) Where a conciliator decides not to inquire into, or not to continue to inquire into, conduct in respect of which a complaint was made, he shall, by notice in writing served on the complainant, inform the complainant of that decision and of the reasons for that decision.

(4) Where a conciliator has been unsuccessful in his endeavours to effect a settlement of a matter, he shall, in his report under sub-section (1), state whether, in his opinion, his endeavours were unsuccessful wholly or partly by reason of the refusal or failure of a person to whom a direction was given under section 48 to accept a recommendation made by him in the course of a conference under that section.

(5) A report under sub-section (1) shall be submitted as soon as practicable after—

(a) unless paragraph (b) applies—the end of the year ending on 30 June during which the report is prepared; or

(b) if the conciliator is appointed for the purposes of inquiring into conduct to which a specific matter relates and endeavouring to effect a settlement of that matter—the preparation of the report.

Compulsory conferences

48. (1) For the purposes of inquiring into conduct to which a matter relates, or endeavouring to settle a matter, in accordance with sub-section 47 (1), a conciliator may, by notice in writing served on the person concerned, direct a person referred to in sub-section (2) of this section to attend, at a time and place specified in the direction, at a conference presided over by the conciliator.

(2) Directions under sub-section (1) may be given to—

(a) a person who made a complaint under paragraph 46 (1) (a) in relation to the conduct;


 

(b) the person whose conduct relates to the matter; and

(c) any other person whose presence at the conference the conciliator thinks is reasonably likely to be conducive to the settlement of the matter.

(3) A person who has been given a direction under sub-section (1) to attend at a conference is entitled to be paid by the Commonwealth such allowances for the expenses of his attendance at the conference as are prescribed.

(4) A person who has been given a direction under sub-section (1) to attend a conference shall not, without reasonable excuse—

(a) fail to attend as required by the direction; or

(b) fail to attend and report himself from day to day unless excused, or released from further attendance, by the conciliator.

Penalty: $500.

(5) Evidence of anything said or of the production of any document at a conference under this section is not admissible in any court (whether exercising federal jurisdiction or not) or in proceedings before a person authorized by a law of the Commonwealth or of a State or Territory, or by consent of parties, to hear evidence except in a prosecution for an offence against section 81.

Conciliators

49. (1) The Minister may appoint a person to be a conciliator.

(2) A conciliator shall be appointed on either a full-time or a part-time basis.

(3) A conciliator holds office for such period as is specified in his instrument of appointment.

(4) An appointment of a person under sub-section (1) may be expressed to have effect either generally or as otherwise provided by the instrument of appointment.

(5) The Minister may—

(a) subject to this Act, determine the terms and conditions of appointment of a person holding office as a conciliator; and

(b) terminate such an appointment at any time.

(6) A conciliator may resign his office by writing signed by him and delivered to the Minister.

(7) In this section, “appoint” includes re-appoint.

Remuneration and allowances

50. (1) A conciliator (not being a person appointed or employed under the Public Service Act 1922) shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration is in operation, he shall be paid such remuneration as is prescribed.


 

(2) A conciliator shall be paid such allowances as are prescribed.

(3) This section has effect subject to the Remuneration Tribunals Act 1973.

Offences relating to administration of Part

51. (1) A person shall not hinder, obstruct or interfere with a conciliator exercising or performing any powers or functions under this Part.

(2) A person shall not—

(a) refuse to employ another person;

(b) dismiss, or threaten to dismiss, another person from his employment;

(c) prejudice, or threaten to prejudice, another person in his employment; or

(d) intimidate or coerce, or impose any pecuniary or other penalty upon, another person,

by reason that the other person—

(e) has made, or proposes to make, a complaint under section 46;

(f) has furnished, or proposes to furnish, any information or documents to a person exercising or performing any powers or functions under this Part; or

(g) has attended, or proposes to attend, a conference referred to in section 48.

Penalty: $1,000 or imprisonment for 6 months, or both.

Operation of State and Territory laws

52. This Part is not intended to affect the operation of a law of a State or Territory to the extent that that law is capable of operating concurrently with this Part.

Report by Minister

53. (1) As soon as practicable after each 30 June, the Minister shall prepare a report on the administration of this Part during the year ending on that date.

(2) The Minister may, from time to time, prepare a report on a matter referred to a conciliator under section 46.

(3) The Minister shall cause a copy of a report under sub-section (1) or (2) to be laid before each House of the Parliament within 15 sitting days of that House after the preparation of the report.

(4) The first report under sub-section (1) shall relate to the period commencing on the date of commencement of this section and ending on the next succeeding 30 June.


 

PART X—PUBLIC INQUIRIES

Interpretation

54. In this Part—

“adviser” means a person appointed under sub-section 55 (5) to advise a Commissioner;

“inquiry” means an inquiry conducted in pursuance of a direction under sub-section 55 (1);

“prescribed officer” means an adviser or a Commissioner.

Inquiries by Commissioner

55. (1) Subject to sub-section (2), the Minister may, in his discretion, by notice published in the Gazette, direct that an inquiry be conducted in respect of a matter specified in the notice, being a matter that relates to radiocommunications.

(2) The Minister shall not direct that an inquiry be conducted in respect of a matter relating to the operation, or proposed operation, of a broadcasting station or a television station (including a matter relating to the grant, renewal, suspension or revocation of a licence or permit under the Broadcasting and Television Act 1942) unless that matter relates to—

(a) interference, or risk of interference, to radiocommunications (other than the transmission or reception of radio or television programs intended for reception by the general public) that is attributable to the operation of a broadcasting station or a television station; or

(b) interference, or risk of interference, to the transmission or reception of radio or television programs intended for reception by the general public that is not attributable to the operation of a broadcasting station or a television station.

(3) Without limiting the generality of sub-section (1), matters specified in a notice under that sub-section may relate to—

(a) the exercise by the Minister of a power under this Act or an order made under section 41;

(b) the operation of this Act or an order made under section 41; or

(c) the operation of any other law of the Commonwealth in so far as that law relates to radiocommunications.

(4) Where the Minister has directed that an inquiry be conducted in respect of a matter, the Minister may, at any time before he has received a report under sub-section (11), by notice published in the Gazette, withdraw or vary the direction.

(5) The Minister shall appoint a person to be a Commissioner for the purposes of conducting an inquiry and may appoint a person or persons to advise the Commissioner.

(6) A prescribed officer shall be appointed on either a full-time or a part-time basis.


 

(7) A prescribed officer holds office for such period as is specified in his instrument of appointment.

(8) An appointment of a prescribed officer may be expressed to have effect either generally or as otherwise provided by the instrument of appointment.

(9) The Minister may—

(a) subject to this Act, determine the terms and conditions of appointment of a person holding office as a prescribed officer; and

(b) terminate such an appointment at any time.

(10) A prescribed officer may resign his office by writing signed by him and delivered to the Minister.

(11) A Commissioner shall report his findings and recommendations to the Minister and shall, after so reporting but subject to any direction under sub-section 58 (2), make public those findings and recommendations.

(12) Where the Minister directs that an inquiry be conducted in respect of a matter that relates to the exercise of a power conferred on him by this Act or any order made under section 41—

(a) the Minister may exercise that power notwithstanding that he has not received the findings and recommendations of the Commissioner; and

(b) subject to this Act, in the exercise of that power the Minister may have regard to matters other than those findings or recommendations.

(13) Nothing in this Act shall be taken, by implication, to preclude the direction under this section of an inquiry in respect of a matter that has been or could be referred to a conciliator under sub-section 46 (1).

Remuneration and allowances

56. (1) A prescribed officer (not being a person appointed or employed under the Public Service Act 1922) shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration is in operation, he shall be paid such remuneration as is prescribed.

(2) A prescribed officer shall be paid such allowances as are prescribed.

(3) This section has effect subject to the Remuneration Tribunals Act 1973.

Notice of inquiries

57. Before a Commissioner commences to hold an inquiry, the Commissioner shall give reasonable notice, by advertisement published in accordance with the regulations, of his intention to hold the inquiry, the subject of the inquiry and the time and place at which the inquiry is to be commenced.

Procedure at inquiries, &c.

58. (1) Subject to this section, an inquiry by a Commissioner shall be held in public and evidence in the inquiry shall be taken in public on oath or affirmation.


 

(2) Where a Commissioner is satisfied that it is desirable to do so in the public interest by reason of the confidential nature of any evidence or matter or for any other reason, the Commissioner may—

(a) direct that an inquiry or a part of an inquiry shall take place in private and give directions as to the persons who may be present; or

(b) give directions prohibiting or restricting the publication of evidence given before the inquiry or of matters contained in documents lodged with him.

(3) A Commissioner may, if he thinks fit, permit a person appearing as a witness before the inquiry to give evidence—

(a) otherwise than on oath or affirmation; or

(b) by tendering and, if the Commissioner so directs, by verifying by oath or affirmation, a written statement.

(4) Where a Commissioner considers that the attendance of a person as a witness before the inquiry would cause serious hardship to the person, the Commissioner may permit the person to give evidence by sending to the Commissioner a written statement, verified in such manner as the Commissioner allows.

(5) Where evidence is given to an inquiry by a written statement in accordance with sub-section (3) or (4), the Commissioner shall make available to the public in such manner as the Commissioner thinks fit the contents of the statement other than any matter as to which the Commissioner is satisfied that its publication would be contrary to the public interest by reason of its confidential nature or for any other reason.

(6) Subject to this section and the regulations—

(a) the procedure to be followed at an inquiry is within the discretion of the Commissioner; and

(b) a Commissioner is not bound by the rules of evidence.

(7) The regulations shall not require a person—

(a) to attend before a Commissioner for the purposes of an inquiry;

(b) to answer questions for the purposes of an inquiry; or

(c) to produce a document for the purposes of an inquiry.

(8) Evidence of anything said or of the production of any document at an inquiry is not admissible in any court (whether exercising federal jurisdiction or not) or in any proceedings before a person authorized by a law of the Commonwealth or of a State or Territory, or by consent of parties, to hear evidence except in a prosecution for an offence against section 81.

Power to administer oath or affirmation

59. A Commissioner may administer an oath or affirmation to a person appearing as a witness before an inquiry.


 

Protection of Commissioner and witnesses

60. (1) A Commissioner has, in the performance of his duties as a Commissioner, the same protection and immunity as a Justice of the High Court.

(2) Subject to this Act, a person appearing as a witness at an inquiry has the same protection, and is, in addition to the penalties provided by this Act, subject to the same liabilities, in any civil or criminal proceedings as a witness in proceedings in the High Court.

Contempt

61. A person shall not—

(a) insult or disturb a Commissioner in the exercise of his powers or the performance of his functions or duties as a Commissioner;

(b) interrupt an inquiry;

(c) use insulting language towards a Commissioner;

(d) create a disturbance, or take part in creating or continuing a disturbance, in a place where a Commissioner is holding an inquiry;

(e) do any other act or thing that would, if an inquiry were a court of record, constitute a contempt in the face of that court; or

(f) contravene a direction given under sub-section 58 (2).

Penalty: $1,000 or imprisonment for 6 months.

Allowances to witnesses

62. A person appearing as a witness at an inquiry shall, if the Commissioner so directs, be paid by the Commonwealth such allowances for his travelling and other expenses as are prescribed.

Witness not be prejudiced

63. (1) A person shall not—

(a) use violence to or inflict injury on;

(b) cause or procure violence, damage, loss or disadvantage to; or

(c) cause or procure the punishment of,

a person for or on account of his having appeared, or being about to appear, as a witness at an inquiry or for or on account of any evidence given by him before an inquiry.

Penalty: $1,000 or imprisonment for 6 months.

(2) Without limiting the generality of sub-section (1), an employer shall not—

(a) dismiss an employee from his employment, or prejudice an employee in his employment, by reason that the employee has appeared as a witness, or has given any evidence, at an inquiry; or

(b) dismiss or threaten to dismiss an employee from his employment or prejudice, or threaten to prejudice, an employee in his employment, by


 

reason that the employee proposes to appear as a witness or to give evidence at an inquiry.

Penalty: $1,000 or imprisonment for 6 months.

(3) In any proceedings arising out of sub-section (2)—

(a) if it is established that the employee was dismissed from, or prejudiced in, his employment and that, before he was so dismissed or prejudiced, he appeared as a witness, or gave any evidence, at an inquiry—the burden lies on the employer of proving that the employee was not dismissed or prejudiced by reason that he so appeared as a witness or gave evidence; or

(b) if it is established that the employee was dismissed, or threatened with dismissal, from his employment, or was prejudiced, or threatened with prejudice, in his employment and that, before he was so dismissed, threatened with dismissal, prejudiced or threatened with prejudice, he proposed to appear as a witness, or to give evidence, at an inquiry—the burden lies on the employer of proving that the employee was not so dismissed, threatened with dismissal, prejudiced or threatened with prejudice by reason that he proposed so to appear as a witness or to give evidence.

Report by Minister

64. (1) As soon as practicable after each 30 June, the Minister shall prepare a report on the administration of this Part during the year ending on that date.

(2) The Minister may, from time to time, prepare a report on a particular inquiry.

(3) The Minister shall cause a copy of a report under sub-section (1) or (2) to be laid before each House of the Parliament within 15 sitting days of that House after the preparation of the report.

(4) The first report under sub-section (1) shall relate to the period commencing on the date of commencement of this section and ending on the next succeeding 30 June.

PART XI—MISCELLANEOUS

Offences

65. (1) A person shall not use a transmitter in a manner likely to interfere with radiocommunications if that interference is likely to prejudice the safe operation of an aircraft or vessel.

(2) A person who, without reasonable excuse, contravenes sub-section (1) is guilty of an offence punishable on conviction by a fine not exceeding $10,000 or imprisonment for 5 years, or both.


 

(3) Without limiting the generality of the expression “reasonable excuse” in sub-section (2), it is a reasonable excuse if a person used a transmitter in the honest belief that that use was reasonably necessary for the purpose of—

(a) securing the safety of a vessel or an aircraft that was in danger;

(b) dealing with an emergency involving a serious threat to the environment; or

(c) dealing with an emergency involving risk of death of, or injury to, persons, or risk of substantial loss of, or substantial damage to, property.

(4) A person who, without reasonable excuse, uses a transmitter in a manner likely to interfere substantially with radiocommunications carried on by or on behalf of—

(a) a prescribed organization, being a fire-fighting, civil defence or rescue organization, an ambulance service, the Royal Flying Doctor Service, or any other organization the sole or principal purpose of which involves securing the safety of persons during an emergency; or

(b) the Australian Federal Police or the police force of a State or Territory,

is guilty of an offence punishable on conviction by a fine not exceeding $10,000 or imprisonment for a period not exceeding 5 years, or both.

(5) Without limiting the generality of the expression “reasonable excuse” in sub-section (4), it is a reasonable excuse if a person used a transmitter—

(a) in accordance with the written permission of the Minister; or

(b) in the honest belief that that use was reasonably necessary for the purpose of—

(i) securing the safety of a vessel or aircraft that was in danger;

(ii) dealing with an emergency involving a serious threat to the environment; or

(iii) dealing with an emergency involving risk of death of, or injury to, persons, or risk of substantial loss of, or substantial damage to, property.

(6) A person shall not do any act or thing likely to interfere substantially with radiocommunications, or otherwise substantially to disrupt or disturb radiocommunications if that interference, disruption or disturbance is likely to endanger the safety of another person or to cause another person to suffer or incur substantial loss or damage.

(7) A person who, without reasonable excuse, contravenes sub-section (6) is guilty of an offence punishable on conviction by a fine not exceeding $2,000 or imprisonment for a period not exceeding 12 months, or both.

(8) Without limiting the generality of the expression “reasonable excuse” in sub-section (7), it is a reasonable excuse if a person did an act or thing in the


 

honest belief that that act or thing was reasonably necessary for the purpose of—

(a) securing the safety of a vessel or aircraft that was in danger;

(b) dealing with an emergency involving a serious threat to the environment; or

(c) dealing with an emergency involving risk of death of, or injury to, persons, or risk of substantial loss of, or substantial damage to, property.

(9) A person who, for the purposes of harassing another person, does any act or thing likely to interfere substantially with radiocommunications or otherwise substantially to disrupt or disturb radiocommunications is guilty of an offence punishable on conviction by a fine not exceeding $500.

(10) A person who, in a transmission made by a radiocommunications transmitter operated by him, makes a statement, or conveys information, with the intention of inducing a false belief that—

(a) that or any other person is dying, has died, is being injured or has been injured;

(b) property is being, or has been, destroyed or damaged;

(c) there is a risk of the occurrence of an event referred to in paragraph (a) or (b); or

(d) there has been, is or is to be, a plan, proposal, attempt, conspiracy or threat to do, or omit to do, an act, being an act or omission that is likely to result in the occurrence of an event referred to in paragraph (a) or (b),

is guilty of an offence punishable on conviction by a fine not exceeding $10,000 or imprisonment for a period not exceeding 5 years, or both.

(11) A person who, outside Australia, without reasonable excuse, uses a transmitter that is on board a foreign vessel or foreign aircraft—

(a) for the purposes of transmitting to the general public in Australia radio programs or television programs; or

(b) in a manner likely to interfere substantially with radiocommunications—

(i) within Australia; or

(ii) between a place in Australia and a place outside Australia,

is guilty of an offence punishable on conviction by a fine not exceeding $10,000 or imprisonment for a period not exceeding 5 years, or both.

(12) Without limiting the generality of the expression “reasonable excuse” in sub-section (11), it is a reasonable excuse if a person used a transmitter—

(a) in accordance with the written permission of the Minister;

(b) in accordance with the provisions of a prescribed agreement between Australia and any other country or countries;

(c) under the direction of a person exercising powers under a law of the Commonwealth or of a State or Territory; or


 

(d) in the honest belief that that use was reasonably necessary for the purpose of—

(i) securing the safety of a vessel or aircraft that was in danger;

(ii) dealing with an emergency involving a serious threat to the environment; or

(iii) dealing with an emergency involving risk of death of, or injury to, persons, or risk of substantial loss of, or substantial damage to, property.

(13) Where the Minister makes a decision under paragraph (5) (a) or (12) (a) refusing to grant permission to a person to use a transmitter as described in sub-section (4) or (11), as the case may be, the Minister shall cause to be served on the person a notice in writing setting out that decision.

(14) A person who, without reasonable excuse, uses a radiocommunications transmitter in a manner likely to cause an explosion is guilty of an offence punishable on conviction by a fine not exceeding $10,000 or imprisonment for a period not exceeding 5 years, or both.

(15) A person who carries on the business of supplying radiocommunications transmitters or receivers to persons intending to operate them shall not, in the course of carrying on that business, without reasonable excuse, supply another person with—

(a) a radiocommunications transmitter included in a class of radiocommunications transmitters specified in the regulations; or

(b) a receiver included in a class of receivers specified in the regulations,

unless—

(c) the other person presents to the first-mentioned person a transmitter licence, receiver licence or temporary permit, or a duplicate of a transmitter licence, receiver licence or temporary permit, that authorizes the other person to operate and possess that transmitter or receiver; and

(d) the first-mentioned person causes such particulars in relation to the supply of the transmitter or receiver as are prescribed to be recorded in a document kept for the purposes of this Act.

Penalty: $2,000.

(16) Without limiting the generality of the expression “reasonable excuse” in sub-section (15), it is a reasonable excuse if a person who supplied another person with a transmitter or receiver honestly believed on reasonable grounds that a document presented to him by the other person was a transmitter licence, receiver licence or temporary permit, or a duplicate of a transmitter licence, receiver licence or temporary permit, that authorized the other person to operate and possess that transmitter or receiver.

(17) A person who causes particulars relating to the supply of a transmitter or a receiver to be recorded in a document in accordance with sub-section (15)


 

shall retain that document for at least 2 years after the supply of the transmitter or receiver.

Penalty: $1,000.

(18) In sub-section (15)—

“radiocommunications transmitter” has the same meaning as in Part VI;

“receiver” has the same meaning as in Part VII.

(19) This section is not intended to exclude or limit the concurrent operation of a law of a State or Territory or of regulations, Ordinances or other instruments of a legislative character made under an Act other than this Act.

Delegation

66. (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a person all or any of his powers under this Act or an order made under section 41, other than—

(a) this power of delegation; or

(b) his powers under section 9, Part III or IV, sub-section 41 (1) or (2) or 42 (1) or Part X.

(2) The Minister shall not delegate his powers under sub-section 10 (9), section 13 or 14, sub-section 21 (9), section 28, 29 or 33 or sub-section 38 (9) except to a Commonwealth officer.

(3) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act or that order, be deemed to have been exercised by the Minister.

(4) A delegation under this section does not prevent the exercise of a power by the Minister.

(5) Where, under this section, the Minister delegates a power to a person, the Minister may, on behalf of the Commonwealth and with the approval of the Minister for Finance, enter into an arrangement with the person providing for the payment by the Commonwealth of amounts to the person in connection with his exercise of that power.

(6) A document purporting to be a copy of a delegation by the Minister and purporting to bear his signature or a facsimile of his signature is, upon mere production, prima facie evidence that the delegation was duly made in the terms set out in the document and is, or was at all relevant times, in force.

Register of test permits, frequency reservation certificates, licences and temporary permits

67. (1) For the purposes of this Act, the Minister shall cause to be kept a register of the holders of test permits, frequency reservation certificates, licences and temporary permits.

(2) The register shall be kept in such form and manner as the Minister directs.


 

Identity cards

68. (1) The Minister may cause to be issued to an inspector, other than a member of a police force, an identity card in a form approved by the Minister by instrument in writing.

(2) A person who ceases to be an inspector shall forthwith return his identity card to the Minister.

(3) A person who contravenes sub-section (2) is guilty of an offence punishable on conviction by a fine not exceeding $100.

Powers of arrest

69. (1) An inspector may, without warrant, arrest any person, if the inspector believes on reasonable grounds—

(a) that the person is committing or has committed an offence against this Act; and

(b) that proceedings against the person by summons would not be effective.

(2) Where an inspector (other than a member of a police force who is in uniform) arrests a person under sub-section (1), he shall—

(a) in the case of a member of a police force—produce, for inspection by that person, written evidence of the fact that he is a member of a police force; or

(b) in any other case—produce his identity card for inspection by that person.

(3) Where a person is arrested under sub-section (1), an inspector shall forthwith bring the person, or cause him to be brought, before a Magistrate or other proper authority to be dealt with in accordance with law.

(4) Without limiting the generality of the meaning of any expression in sub-section (1), where—

(a) an inspector requests a person whom he finds committing, or whom he believes on reasonable grounds to have committed, an offence against this Act, being a person whose full name or usual place of residence are unknown to the inspector, to state his full name or usual place of residence, as the case may be; and

(b) the person—

(i) refuses or fails to comply with the request; or

(ii) whether or not in compliance, or purported compliance, with the request, states as his full name or usual place of residence a name or a place, as the case may be, that the inspector believes on reasonable grounds to be false or misleading in a material particular,

the inspector shall be taken, for the purposes of paragraph (1) (b), to have reasonable grounds for believing that proceedings against the person by summons in respect of the offence will not be effective.


 

(5) Nothing in this section prevents the arrest of a person in accordance with any other law.

Search warrants

70. (1) Where an information on oath is laid before a Magistrate alleging that there are reasonable grounds for suspecting that there may be, at that time or within the next following 24 hours, upon any land or upon or in any premises, vessel, aircraft or vehicle, a thing or things of a particular kind connected with a particular offence against this Act, and the information sets out those grounds, the Magistrate may issue a search warrant authorizing an inspector named in the warrant, with such assistance as he thinks necessary and if necessary by force—

(a) to enter upon the land or upon or into the premises, vessel, aircraft or vehicle;

(b) to search the land, premises, vessel, aircraft or vehicle for things of that kind; and

(c) to seize any thing of that kind found upon the land or upon or in the premises, vessel, aircraft or vehicle that he believes on reasonable grounds to be connected with that offence.

(2) A Magistrate shall not issue a warrant under sub-section (1) unless—

(a) the informant or some other person has given to the Magistrate, either orally or by affidavit, such further information (if any) as the Magistrate requires concerning the grounds on which the issue of the warrant is being sought; and

(b) the Magistrate is satisfied that there are reasonable grounds for issuing the warrant.

(3) There shall be stated in a warrant issued under this section—

(a) a statement of the purpose for which the warrant is issued, which shall include a reference to the nature of the offence in relation to which the entry and search are authorized;

(b) whether entry is authorized to be made at any time of the day or night or during specified hours of the day or night;

(c) a description of the kind of things authorized to be seized; and

(d) a date, not being later than one month after the date of issue of the warrant, upon which the warrant ceases to have effect.

(4) If, in the course of searching, in accordance with a warrant issued under this section, for things connected with a particular offence, being things of a kind specified in the warrant, an inspector finds any thing that he believes on reasonable grounds to be connected with the offence, although not of a kind specified in the warrant, or to be connected with another offence against this Act, and he believes on reasonable grounds that it is necessary to seize that thing in order to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating the offence or in committing the other offence, the warrant shall be deemed to authorize him to seize that thing.


 

(5) For the purposes of this section, a thing is connected with a particular offence if it is—

(a) a thing with respect to which the offence has been committed;

(b) a thing that will afford evidence of the commission of the offence; or

(c) a thing that was used, or is intended to be used, for the purpose of committing the offence.

(6) A reference in this section to an offence shall be read as including a reference to an offence that there are reasonable grounds for believing has been, or is to be, committed.

(7) Nothing in this section authorizes an inspector to enter or to search—

(a) land or premises specified in the regulations, or land or premises included in a class of land or premises specified in the regulations, being land or premises occupied or used for the purposes of defence; or

(b) a vessel, aircraft or vehicle that is in the possession or control of the Defence Force or a part of the Defence Force,

unless—

(c) permission to do so has been given by the person for the time being in charge of those premises or that land, vessel, aircraft or vehicle; or

(d) if it is not reasonably practicable to obtain permission of the kind mentioned in paragraph (c), the entry and search is supervised by a service police officer.

(8) In sub-section (7), “service police officer” means a member of the Defence Force who is a member of a police corps or service and includes a provost marshal and a deputy provost marshal.

Search warrants may be granted by telephone

71. (1) Where, by reason of circumstances of urgency, he considers it necessary to do so, an inspector may make application for a search warrant to a Magistrate, by telephone, in accordance with this section.

(2) Before so making application, an inspector shall prepare an information of a kind referred to in sub-section 70 (1) or (2) that sets out the grounds on which the issue of the warrant is being sought, but may, if it is necessary to do so, make the application before the information has been sworn.

(3) Where a Magistrate is, upon application made under sub-section (1), satisfied—

(a) after having considered the terms of the information prepared in accordance with sub-section (2); and


 

(b) after having received such further information (if any) as he requires concerning the grounds on which the issue of the warrant is being sought,

that there are reasonable grounds for issuing the warrant, the Magistrate shall complete and sign such a search warrant as he would issue under section 70 if the application had been made to him in accordance with that section.

(4) Where a Magistrate signs a warrant under sub-section (3)—

(a) the Magistrate shall inform the inspector of the terms of the warrant signed by him and the date on which and the time at which it was signed, and record on the warrant his reasons for granting the warrant; and

(b) the inspector shall complete a form of warrant in the terms furnished to him by the Magistrate and write on it the name of the Magistrate and the date on which and the time at which the warrant was signed.

(5) Where an inspector completes a form of warrant in accordance with sub-section (4), the inspector shall, not later than the day next following the date of expiry of the warrant, forward to the Magistrate who signed the warrant the form of warrant completed by him and the information duly sworn in connection with the warrant.

(6) Upon receipt of the documents referred to in sub-section (5), the Magistrate shall attach to them the warrant signed by him and deal with the documents in the manner in which he would have dealt with the information if the application for the warrant had been made to him in accordance with section 70.

(7) A form of warrant duly completed by an inspector in accordance with sub-section (4) is, if it is in accordance with the terms of the warrant signed by the Magistrate, authority for any search, entry or seizure that the warrant so signed authorizes.

(8) Where it is material, in any proceedings, for a court to be satisfied that a search, entry or seizure was authorized in accordance with this section, and the warrant signed by a Magistrate in accordance with this section authorizing the search, entry or seizure is not produced in evidence, the court shall assume, unless the contrary is proved, that the search, entry or seizure was not authorized by such a warrant.

(9) In this section, “Magistrate” does not include a person by virtue only of his being a Justice of the Peace unless he holds a prescribed office of the Commonwealth, of a State or of a Territory.

Searches in emergencies

72. (1) An inspector may—

(a) search a person, or the clothing that is being worn by, and property in the immediate control of, a person, suspected by him to be carrying any thing connected with an offence against this Act; or


 

(b) enter upon any land, or upon or into any premises, vessel, aircraft or vehicle, on or in which he believes on reasonable grounds that any thing connected with an offence against this Act is situated,

and may seize any such thing that he finds in the course of that search, or upon the land or in the premises, vessel, aircraft or vehicle, as the case may be if—

(c) the inspector believes on reasonable grounds that it is necessary to do so in order to prevent the concealment, loss or destruction of any thing connected with an offence against this Act; and

(d) the search or entry is made in circumstances of such seriousness and urgency as to require and justify immediate search or entry without the authority of an order of a court or of a warrant issued under this Act.

(2) An inspector who believes on reasonable grounds that a person is, without reasonable excuse, carrying any thing connected with an offence against sub-section 11 (1), 65 (2), (4), (10), (11) or (14) or section 76 may—

(a) stop the person;

(b) search the person, his clothing and any property in his immediate control; and

(c) seize any such thing found in the course of that search.

(3) An inspector who believes on reasonable grounds that any thing connected with an offence against sub-section 11 (1), 65 (2), (4), (10), (11) or (14) or section 76 is upon or in a vessel, aircraft or vehicle, may enter upon or into the vessel, aircraft or vehicle and seize any such thing found upon or in the vessel, aircraft or vehicle and may for that purpose stop and search the vessel, aircraft or vehicle.

(4) Sub-sections 70 (5), (6), (7) and (8) apply in relation to this section in like manner as they apply in relation to section 70.

Goods seized under this Act

73. (1) A thing seized under this Act may be retained until the expiration of a period of 60 days after the seizure or, if proceedings for an offence in respect of which the thing may afford evidence are instituted within that period, until those proceedings (including any appeal to a court in relation to those proceedings) are terminated.

(2) The Minister may, by instrument in writing, authorize any thing seized under this Act to be released to the owner, or to the person from whose possession the thing was seized, either unconditionally or on such conditions as are specified in the authority, including conditions as to the giving of security for payment of their value if they are forfeited under section 80.

General powers of inspectors

74. (1) An inspector may—

(a) require any person whom he suspects on reasonable grounds of having done an act in respect of which the person is required to hold a compliance statement certificate, licence, authority given under


 

sub-section 26 (1), test permit, temporary permit or certificate of proficiency to produce such a certificate, permit, authority or licence or evidence of the existence and contents of such a certificate, permit or licence;

(b) require the holder of a licence whom he suspects on reasonable grounds of having given an authority in accordance with sub-section 26 (1), to produce a copy of that authority kept under sub-section 26 (7); and

(c) require any person whom he suspects on reasonable grounds of having recorded particulars relating to the supply of a receiver or transmitter in a document in accordance with sub-section 65 (15) to produce that document.

(2) A person who, without reasonable excuse, fails to comply with a requirement made of him by an inspector under this section is guilty of an offence punishable on conviction by a fine not exceeding $1,000.

Act not to affect performance of duties by inspectors

75. Nothing in Part II, VI, VII or VIII prohibits the doing of any act or thing by an inspector in the performance of his duties under this Act.

Personation of inspectors

76. A person who, by words or conduct, falsely represents that he is an inspector is guilty of an offence punishable by a fine not exceeding $5,000 or imprisonment for a period not exceeding 2 years, or both.

Officers and employees of governments and authorities

77. The Governor-General may make arrangements with the Governor of a State or the Administrator of a Territory for the performance of functions and the exercise of powers under this Act by officers or employees of that State or Territory or of an authority of that State or Territory, as the case may be.

Programs, &c., relating to radiocommunications and other matters

78. (1) The Minister may cause, make arrangements for, or co-operate with any government, organization or person in, the formulation and implementation of programs, the carrying out of research, and the dissemination of information, relating to—

(a) the operation and manufacture of devices;

(b) the planning, control and management of radio frequencies, interference with radio transmission and the reception of radio transmission;

(c) the environmental effects of radio transmission; and

(d) the improvement and development of devices and of their operation.

(2) In sub-section (1), “manufacture” includes manufacture in a foreign country.


 

Surrender of permits, certificates and licences

79. Where the holder of a test permit, compliance statement certificate, licence, frequency reservation certificate, certificate of proficiency or temporary permit surrenders the permit, certificate or licence, the permit, certificate or licence shall be taken, for the purposes of this Act, to have been cancelled upon acceptance of the surrender by the Minister.

Forfeiture

80. (1) Where a court—

(a) convicts a person of an offence against this Act; or

(b) makes an order under section 19b of the Crimes Act 1914 in relation to an offence against this Act,

the court may order the forfeiture to the Commonwealth of any article used or otherwise involved in the commission of the offence.

(2) The Minister may, by instrument in writing, direct that an article forfeited under this section be sold or otherwise disposed of upon such conditions (if any) as are specified in the instrument of direction and, pending his direction, the article shall be kept in such custody as he directs.

False statements

81. A person shall not, for the purposes of or in connection with this Act, knowingly—

(a) make or authorize the making of a statement that is false or misleading in a material particular; or

(b) omit or authorize the omission of any matter or thing without which an application is misleading in a material respect.

Penalty: $1,000.

Prosecution of offences

82. (1) Subject to sub-section (2), an offence against sub-section 11 (1), 65 (2), (4), (10), (11) or (14) or section 76 is an indictable offence.

(2) A court of summary jurisdiction may hear and determine proceedings in respect of an offence against a provision referred to in sub-section (1) if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.

(3) Where, in accordance with sub-section (2), a court of summary jurisdiction convicts a person of an offence referred to in that sub-section, the penalty that the court may impose is a fine not exceeding $2,000 or imprisonment for a period not exceeding 12 months, or both.

Penalties for corporations

83. Where a corporation is convicted of an offence against this Act, the penalty that the court may impose is a fine not exceeding 5 times the maximum amount that, but for this section, the court could impose as a penalty for that offence.


 

Evidentiary certificates

84. (1) A Commonwealth officer who holds such qualifications as are prescribed may, by writing signed by him, issue a certificate setting out such facts as he considers relevant with respect to—

(a) his qualifications; and

(b) an examination made by him of a device.

(2) A certificate purporting to be issued under sub-section (1) and purporting to be signed by such a Commonwealth officer is, in proceedings under or arising out of Part II or under or arising out of the Customs Act 1901, prima facie evidence of the facts stated in it.

Conduct by servants or agents of body corporate

85. (1) Any conduct engaged in on behalf of a body corporate by a director, agent or servant of the body corporate or by any other person at the direction or with the consent or agreement (whether express or implied) of a director, agent or servant of the body corporate shall be deemed, for the purposes of this Act, to have been engaged in also by the body corporate.

(2) In this section, a reference to engaging in conduct is a reference to doing or refusing to do any act or thing.

Review of decisions

86. (1) In this section—

“decision” has the same meaning as in the Administrative Appeals Tribunal Act 1975;

“reviewable decision” means a decision of the Minister, or a delegate of the Minister, under section 10, paragraph 11 (2) (b), sub-section 12 (1), (3) or (6), section 14, sub-section 21 (1) or (9), section 24 or 25, sub-section 26 (5), section 29, sub-section 31 (1) or (2), section 33, sub-section 34 (2), section 35 or 38, paragraph 65 (5) (a) or (12) (a) or sub-section (2) of this section.

(2) A person affected by a reviewable decision who is dissatisfied with the decision may, by notice in writing given to the Minister within the period of 28 days after the day on which the decision first comes to the notice of the person, or within such further period as the Minister (either before or after the expiration of that period), by notice in writing served on the person, allows, request the Minister to reconsider the decision.

(3) There shall be set out in the request the reasons for making the request.

(4) Upon the receipt of the request, the Minister shall reconsider the decision and may affirm or revoke the decision or vary the decision in such manner as he thinks fit.

(5) Where the Minister affirms, revokes or varies a decision, he shall, by notice in writing served on the person who made the request, inform the person of the result of his reconsideration of the decision, set out the findings on


 

material questions of fact, refer to the evidence or other material on which those findings were based and give his reasons for affirming, revoking or varying the decision, as the case may be.

(6) Applications may be made to the Administrative Appeals Tribunal for review of reviewable decisions that have been affirmed or varied under sub-section (4).

(7) Nothing in this section shall be taken, by implication, to affect the application of sub-section 33 (3) of the Acts Interpretation Act 1901 to a power conferred by this Act.

Statements to accompany notification of decisions

87. (1) Where the Minister, or a delegate of the Minister, makes a reviewable decision within the meaning of section 86, and gives to the person or persons whose interests are affected by the decision notification in writing of the making of the decision, that notice shall include a statement to the effect that a person affected by the decision—

(a) may, if he is dissatisfied with the decision, seek a reconsideration of the decision by the Minister in accordance with sub-section 86 (2); and

(b) may, subject to the Administrative Appeals Tribunal Act 1975, if he is dissatisfied with a decision made by the Minister upon that reconsideration affirming or varying the first-mentioned decision, make application to the Administrative Appeals Tribunal for review of the decision so affirmed or varied.

(2) Where the Minister makes a decision under sub-section 86 (4) affirming or varying a reviewable decision within the meaning of section 86, the notice given under sub-section (5) of that section shall include a statement to the effect that a person affected by the decision so affirmed or varied may, subject to the Administrative Appeals Tribunal Act 1975, if he is dissatisfied with the decision so affirmed or varied, make application to the Administrative Appeals Tribunal for review of the decision.

(3) Any failure to comply with the requirements of sub-section (1) or (2) in relation to a decision does not affect the validity of the decision.

Service of notices

88. Where a provision of this Act requires a notice to be served on a person by or on behalf of the Minister or a conciliator, the notice may be served on that person personally, by post or as prescribed.

Operation of this Act in relation to Broadcasting and Television Act

89. (1) Regulations under this Act have effect notwithstanding any instrument relating to broadcasting or television.

(2) Subject to sub-section (1), this Act is not intended to limit or exclude the operation of any instrument relating to broadcasting or television to the extent that the instrument is capable of operating concurrently with this Act and with regulations under this Act.


 

(3) In this section, “instrument relating to broadcasting or television” means a specification within the meaning of Part IIIb of the Broadcasting and Television Act 1942, an order under section 111d of that Act, or a regulation under that Act.

No compensation from Commonwealth

90. A person is not entitled to compensation from the Commonwealth by reason only of the suspension or cancellation of a compliance statement certificate, test permit, frequency reservation certificate, licence, temporary permit or certificate of proficiency.

Act not to affect performance of State, Northern Territory or Norfolk Island functions

91. (1) The Minister shall not exercise his powers under Part VI or VII in such a manner as to prevent the exercise of the powers, or the performance of the functions, of government of a State, of the Northern Territory or of Norfolk Island.

(2) An order under Part VIII has no effect to the extent that, but for this sub-section, it would prevent the exercise of the powers, or the performance of the functions, of government of a State, of the Northern Territory or of Norfolk Island.

Legislation of the Australian Antarctic Territory

92. Notwithstanding anything in this Act, the power of the Governor-General to make Ordinances under section 11 of the Australian Antarctic Territory Act 1954 shall not be taken not to extend to the making of Ordinances prohibiting or regulating the use of transmitters included in a class of transmitters specified in regulations in force for the purposes of section 22 of this Act.

Regulations

93. (1) The Governor-General may make regulations, not inconsistent with this Act, prescribing matters—

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) Without limiting the generality of sub-section (1), the regulations may make provision for and in relation to—

(a) prohibiting or regulating any act or thing likely to cause interference, or risk of interference, to radiocommunications;

(b) prohibiting or regulating the making of radio transmissions from a place within a specified area;

(c) prohibiting or regulating the making of radio transmissions in a manner likely to cause an explosion;


 

(d) enabling a person who is alleged to have committed an offence against sub-section 10 (8), section 15 or 23, sub-section 26 (8), section 27 or 30, sub-section 35 (8), section 37, sub-section 38 (8) or 65 (17), section 68 or the regulations to pay to the Commonwealth, as an alternative to prosecution, a penalty of an amount equal to one-fifth of the maximum fine that a court could impose as a penalty for that offence;

(e) prescribing the form of warrants for the purposes of section 70;

(f) functions and powers to be conferred, and duties to be imposed, upon inspectors;

(g) prohibiting or regulating the repair or maintenance of radiocommunications transmitters;

(h) fees to be payable in respect of—

(i) the issue and variation of compliance statement certificates;

(ii) the issue of certificates of proficiency;

(iii) examinations conducted under sections 12, 31 and 32; and

(iv) the grant of prescribed licences;

(j) the refund of fees upon surrender of a compliance statement certificate, a certificate of proficiency or a prescribed licence;

(k) the conduct and administration of examinations under sections 31 and 32, including amounts to be paid to persons conducting those examinations;

(m) the issue and return of duplicates of prescribed licences, test permits, compliance statement certificates, frequency reservation certificates, temporary permits, transmitter licences, receiver licences and certificates of proficiency;

(n) the gathering and publication, by the Minister, of information relating to radio transmission; and

(p) any matter incidental to or connected with any of the foregoing.

(3) The power to make regulations conferred by this Act may be exercised—

(a) in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case; and

(b) so as to make, as respects the cases in relation to which it is exercised, the same provision for all those cases or different provision for different cases or classes of case.

(4) The power to make regulations conferred by this Act shall not be taken, by implication, to exclude the power to make provision for or in relation to a matter by reason only of the fact that—

(a) provision is made by this Act in relation to that matter or another matter; or

(b) power is expressly conferred by this Act to make provision by standards, advisory guidelines or orders or by specifying conditions to


 

which test permits, transmitter licences, receiver licences or temporary permits are subject, for or in relation to that matter or another matter.

(5) Paragraphs (2) (c) and (g) are not intended to limit or exclude the concurrent operation of a law of a State or Territory.

(6) The regulations may provide, in respect of an offence against the regulations, for the imposition of a fine not exceeding $1,000.

(7) The limitation imposed by sub-section (6) on the penalties that may be prescribed by the regulations does not prevent the regulations from requiring a person to make a statutory declaration.

(8) In this section, “prescribed licence” means a licence granted under the regulations.