Commonwealth Consolidated Acts

RADIOCOMMUNICATIONS ACT 1992 - SECT 188

Scope

  (1)   This section applies if a person voluntarily takes action to recall equipment of a particular kind (including equipment that has become fixtures since being supplied) because:

  (a)   a reasonably foreseeable use (including a misuse) of such equipment will or may cause substantial disruption, substantial disturbance or substantial interference to radiocommunications; or

  (b)   such equipment would be likely to have an adverse effect on radiocommunications; or

  (c)   in a case where such equipment consists of radiocommunications transmitters--radio emissions resulting from a reasonably foreseeable use (including a misuse) of such equipment would be likely to adversely affect the health or safety of individuals; or

  (d)   a permanent ban on such equipment is in force.

Notifying the ACMA

  (2)   The person must, within 2 days after taking the action, give the ACMA a written notice that complies with subsection   (4).

Civil penalty:   20 penalty units.

  (3)   The following provisions have effect:

  (a)   the ACMA must publish a copy of the notice on the ACMA's website;

  (b)   the legislative rules may provide that the ACMA must also publish a copy of the notice in accordance with the legislative rules.

Requirements for notice

  (4)   A notice under subsection   (2) must:

  (a)   state that the equipment is subject to recall; and

  (b)   if a reasonably foreseeable use or misuse of the equipment will or may cause substantial disruption, substantial disturbance or substantial interference to radiocommunications--set out the circumstances of that use or misuse; and

  (c)   if the equipment would be likely to have an adverse effect on radiocommunications--set out that adverse effect; and

  (d)   if:

  (i)   the equipment consists of radiocommunications transmitters; and

  (ii)   radio emissions resulting from a reasonably foreseeable use (including a misuse) of the equipment would be likely to adversely affect the health or safety of individuals;

    set out:

  (iii)   the circumstances of that use (including misuse); and

  (iv)   the way in which the health or safety of individuals is likely to be adversely affected by that use (including misuse); and

  (e)   if a permanent ban on the equipment is in force--state that fact.

Continuing contravention of civil penalty provision

  (5)   The maximum civil penalty for each day that a contravention of subsection   (2) continues is 10% of the maximum civil penalty that can be imposed in respect of a contravention of that subsection.

Note:   Subsection   (2) is a continuing civil penalty provision under section   93 of the Regulatory Powers Act.