Commonwealth Consolidated Acts

RADIOCOMMUNICATIONS ACT 1992 - SECT 183

Equipment that will or may cause substantial disruption, substantial disturbance or substantial interference to radiocommunications

  (1)   The ACMA may, by legislative instrument, issue a recall notice for equipment of a specified kind if:

  (a)   a person, in trade or commerce, supplies, or has supplied, equipment of that kind; and

  (b)   the ACMA is satisfied that a reasonably foreseeable use (including a misuse) of such equipment will or may cause substantial disruption, substantial disturbance or substantial interference to radiocommunications; and

  (c)   the ACMA is satisfied that one or more suppliers of such equipment have not taken satisfactory action to prevent that equipment causing substantial disruption, substantial disturbance or substantial interference to radiocommunications.

Equipment designed to have an adverse effect on radiocommunications

  (2)   The ACMA may, by legislative instrument, issue a recall notice for equipment of a specified kind if:

  (a)   a person, in trade or commerce, supplies, or has supplied, equipment of that kind; and

  (b)   the ACMA is satisfied that equipment of that kind is designed to have an adverse effect on radiocommunications.

Equipment likely to adversely affect health or safety

  (3)   The ACMA may, by legislative instrument, issue a recall notice for equipment of a specified kind if:

  (a)   equipment of that kind consists of radiocommunications transmitters; and

  (b)   a person, in trade or commerce, supplies, or has supplied, equipment of that kind; and

  (c)   the ACMA is satisfied that radio emissions resulting from the operation of equipment of that kind would be likely to adversely affect the health or safety of individuals.

Permanent ban

  (4)   The ACMA may, by legislative instrument, issue a recall notice for equipment of a specified kind if:

  (a)   a person, in trade or commerce, supplies, or has supplied, equipment of that kind; and

  (b)   a permanent ban on such equipment is in force; and

  (c)   the ACMA is satisfied that one or more suppliers of such equipment have not taken satisfactory action to recall such equipment so supplied by those suppliers.

Publication

  (5)   If the ACMA, by legislative instrument, issues a recall notice under subsection   (1), (2), (3) or (4), the ACMA must publish a notice that sets out:

  (a)   a statement to the effect that the recall notice has been issued; and

  (b)   the time when the recall notice commences, or is to commence; and

  (c)   the kind of equipment to which the recall notice relates; and

  (d)   the reason or reasons for issuing the recall notice.

  (6)   The following provisions have effect:

  (a)   the ACMA must publish a notice under subsection   (5) on the ACMA's website;

  (b)   the legislative rules may provide that the ACMA must also publish a notice under subsection   (5) in accordance with the legislative rules.

Other matters

  (7)   It is not necessary, for the purposes of paragraph   (1)(a) or (c), (2)(a), (3)(b) or (4)(a) or (c), for the ACMA to know the identities of any of the suppliers of the equipment.

  (8)   A recall notice for equipment may be issued under subsection   (1), (2), (3) or (4) even if the equipment has become fixtures since the time the equipment was supplied.