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RADIOCOMMUNICATIONS ACT 1983 No. 130, 1983 - SECT 65

Offences
PART XI-MISCELLANEOUS

65. (1) A person shall not use a transmitter in a manner likely to interfere
with radiocommunications if that interference is likely to prejudice the safe
operation of an aircraft or vessel.

(2) A person who, without reasonable excuse, contravenes sub-section (1) is
guilty of an offence punishable on conviction by a fine not exceeding $10,000
or imprisonment for 5 years, or both.
(3) Without limiting the generality of the expression ''reasonable excuse'' in
sub-section (2), it is a reasonable excuse if a person used a transmitter in
the honest belief that that use was reasonably necessary for the purpose of-

   (a)  securing the safety of a vessel or an aircraft that was in danger;

   (b)  dealing with an emergency involving a serious threat to the
        environment; or

   (c)  dealing with an emergency involving risk of death of, or injury to,
        persons, or risk of substantial loss of, or substantial damage to,
        property.

(4) A person who, without reasonable excuse, uses a transmitter in a manner
likely to interfere substantially with radiocommunications carried on by or on
behalf of-

   (a)  a prescribed organization, being a fire-fighting, civil defence or
        rescue organization, an ambulance service, the Royal Flying Doctor
        Service, or any other organization the sole or principal purpose of
        which involves securing the safety of persons during an emergency; or

   (b)  the Australian Federal Police or the police force of a State or
        Territory,
is guilty of an offence punishable on conviction by a fine not exceeding
$10,000 or imprisonment for a period not exceeding 5 years, or both.
         (5) Without limiting the generality of the expression ''reasonable
excuse'' in sub-section (4), it is a reasonable excuse if a person used a
transmitter-

   (a)  in accordance with the written permission of the Minister; or

   (b)  in the honest belief that that use was reasonably necessary for the
        purpose of-

        (i)    securing the safety of a vessel or aircraft that was in danger;

        (ii)   dealing with an emergency involving a serious threat to the
               environment; or

        (iii)  dealing with an emergency involving risk of death of, or injury
               to, persons, or risk of substantial loss of, or substantial
               damage to, property.

(6) A person shall not do any act or thing likely to interfere substantially
with radiocommunications, or otherwise substantially to disrupt or disturb
radiocommunications if that interference, disruption or disturbance is likely
to endanger the safety of another person or to cause another person to suffer
or incur substantial loss or damage.

(7) A person who, without reasonable excuse, contravenes sub-section (6) is
guilty of an offence punishable on conviction by a fine not exceeding $2,000
or imprisonment for a period not exceeding 12 months, or both.
     (8) Without limiting the generality of the expression ''reasonable
excuse'' in sub-section (7), it is a reasonable excuse if a person did an act
or thing in the honest belief that that act or thing was reasonably necessary
for the purpose of-

   (a)  securing the safety of a vessel or aircraft that was in danger;

   (b)  dealing with an emergency involving a serious threat to the
        environment; or

   (c)  dealing with an emergency involving risk of death of, or injury to,
        persons, or risk of substantial loss of, or substantial damage to,
        property.

(9) A person who, for the purposes of harassing another person, does any act
or thing likely to interfere substantially with radiocommunications or
otherwise substantially to disrupt or disturb radiocommunications is guilty of
an offence punishable on conviction by a fine not exceeding $500.

(10) A person who, in a transmission made by a radiocommunications transmitter
operated by him, makes a statement, or conveys information, with the intention
of inducing a false belief that-

   (a)  that or any other person is dying, has died, is being injured or has
        been injured;

   (b)  property is being, or has been, destroyed or damaged;

   (c)  there is a risk of the occurrence of an event referred to in paragraph
        (a) or (b); or

   (d)  there has been, is or is to be, a plan, proposal, attempt, conspiracy
        or threat to do, or omit to do, an act, being an act or omission that
        is likely to result in the occurrence of an event referred to in
        paragraph (a) or (b),
is guilty of an offence punishable on conviction by a fine not exceeding
$10,000 or imprisonment for a period not exceeding 5 years, or both.

(11) A person who, outside Australia, without reasonable excuse, uses a
transmitter that is on board a foreign vessel or foreign aircraft-

   (a)  for the purposes of transmitting to the general public in Australia
        radio programs or television programs; or

   (b)  in a manner likely to interfere substantially with
radiocommunications-

        (i)    within Australia; or

        (ii)   between a place in Australia and a place outside Australia,
is guilty of an offence punishable on conviction by a fine not exceeding
$10,000 or imprisonment for a period not exceeding 5 years, or both.
     (12) Without limiting the generality of the expression ''reasonable
excuse'' in sub-section (11), it is a reasonable excuse if a person used a
transmitter-

   (a)  in accordance with the written permission of the Minister;

   (b)  in accordance with the provisions of a prescribed agreement between
        Australia and any other country or countries;

   (c)  under the direction of a person exercising powers under a law of the
        Commonwealth or of a State or Territory; or

   (d)  in the honest belief that that use was reasonably necessary for the
        purpose of-

        (i)    securing the safety of a vessel or aircraft that was in danger;

        (ii)   dealing with an emergency involving a serious threat to the
               environment; or

        (iii)  dealing with an emergency involving risk of death of, or injury
               to, persons, or risk of substantial loss of, or substantial
               damage to, property.

(13) Where the Minister makes a decision under paragraph (5) (a) or (12) (a)
refusing to grant permission to a person to use a transmitter as described in
sub-section (4) or (11), as the case may be, the Minister shall cause to be
served on the person a notice in writing setting out that decision.

(14) A person who, without reasonable excuse, uses a
radiocommunications transmitter in a manner likely to cause an explosion is
guilty of an offence punishable on conviction by a fine not exceeding $10,000
or imprisonment for a period not exceeding 5 years, or both.

(15) A person who carries on the business of supplying
radiocommunications transmitters or receivers to persons intending to operate
them shall not, in the course of carrying on that business, without reasonable
excuse, supply another person with-

   (a)  a radiocommunications transmitter included in a class of
        radiocommunications transmitters specified in the regulations; or

   (b)  a receiver included in a class of receivers specified in the
        regulations,
unless-

   (c)  the other person presents to the first-mentioned person a
        transmitter licence, receiver licence or temporary permit, or a
        duplicate of a transmitter licence, receiver licence or
        temporary permit, that authorizes the other person to operate and
        possess that transmitter or receiver; and

   (d)  the first-mentioned person causes such particulars in relation to the
        supply of the transmitter or receiver as are prescribed to be recorded
        in a document kept for the purposes of this Act.

Penalty: $2,000.
(16) Without limiting the generality of the expression ''reasonable excuse''
in sub-section (15), it is a reasonable excuse if a person who supplied
another person with a transmitter or receiver honestly believed on reasonable
grounds that a document presented to him by the other person was a transmitter
licence, receiver licence or temporary permit, or a duplicate of a transmitter
licence, receiver licence or temporary permit, that authorized the other
person to operate and possess that transmitter or receiver.

(17) A person who causes particulars relating to the supply of a transmitter
or a receiver to be recorded in a document in accordance with sub-section (15)
shall retain that document for at least 2 years after the supply of the
transmitter or receiver.

Penalty: $1,000.

(18) In sub-section (15)-

         ''radiocommunications transmitter'' has the same meaning as in Part
VI;

         ''receiver'' has the same meaning as in Part VII.
(19) This section is not intended to exclude or limit the concurrent operation
of a law of a State or Territory or of regulations, Ordinances or other
instruments of a legislative character made under an Act other than this Act. 


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