Commonwealth Numbered Acts

RADIOCOMMUNICATIONS ACT 1983 No. 130, 1983 - SECT 35

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.