Commonwealth Consolidated Acts

RADIOCOMMUNICATIONS ACT 1992 - SECT 186

Offence

  (1)   A person commits an offence if:

  (a)   a recall notice for equipment is in force; and

  (b)   the notice requires the person to do one or more things; and

  (c)   the person engages in conduct; and

  (d)   the person's conduct contravenes the notice.

Penalty:   1,000 penalty units.

Civil penalty

  (2)   If:

  (a)   a recall notice for equipment is in force; and

  (b)   the notice requires a person to do one or more things;

the person must comply with the notice.

Civil penalty:   1,000 penalty units.

  (3)   If:

  (a)   a person contravenes subsection   (2) in relation to equipment; and

  (b)   another person suffers loss or damage:

  (i)   because of a reasonably foreseeable use (including a misuse) of the equipment; or

  (ii)   because, contrary to the recall notice, the other person was not provided with particular information in relation to the equipment;

the other person is taken, for the purposes of this Division, to have suffered the loss or damage because of the contravention.