Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) For the purposes of section 47, if:
(a) at a particular time, a person has a radiocommunications device in the person's possession, otherwise than for the purpose of supplying the radiocommunications device to another person; and
(b) the radiocommunications device can be operated;
it must be presumed that the person has the radiocommunications device in the person's possession for the purpose of operating the radiocommunications device, unless the person adduces or points to evidence that suggests a reasonable possibility that, at that time, the person did not have the radiocommunications device in the person's possession for the purpose of operating the radiocommunications device.
(2) For the purposes of subsection (1), it is immaterial whether the radiocommunications device can be operated:
(a) immediately; or
(b) after taking one or more steps (for example, the connection of the radiocommunications device to a power supply).
(3) A reference in this Division to a person having a radiocommunications device in his or her possession includes a reference to the person having it under control in any place whatever, whether for the use or benefit of that person or another person, and although another person has the actual possession or custody of it.