Commonwealth Consolidated Acts

RADIOCOMMUNICATIONS ACT 1992 - SECT 159

Obligations and prohibitions

  (1)   The equipment rules may impose obligations or prohibitions in relation to equipment.

  (2)   The equipment rules may impose obligations:

  (a)   to ensure that quality assurance programs in relation to equipment are conducted; or

  (b)   to ensure that tests in relation to equipment are conducted; or

  (c)   to ensure that labels are applied to equipment; or

  (d)   to ensure that records are kept or retained; or

  (e)   to ensure that a thing specified in the legislative rules is done.

  (3)   The equipment rules may impose obligations or prohibitions that relate to:

  (a)   the operation of equipment; or

  (b)   the supply of equipment; or

  (c)   offers to supply equipment; or

  (d)   the possession of equipment; or

  (e)   the import of equipment.

  (4)   If the equipment rules impose an obligation on a person to cause a thing to be done, the rules may require that the thing be done by another specified person.

Note:   For specification by class, see subsection   13(3) of the Legislation Act 2003 .

  (5)   If the equipment rules impose an obligation on a person to cause a thing to be done, the equipment rules may require that the thing be done by another person holding an accreditation of a specified kind.

  (6)   If the equipment rules impose an obligation on a person to cause a thing to be done, the equipment rules may require that the thing be done by another person who:

  (a)   satisfies the conditions specified in the equipment rules; and

  (b)   is approved, in writing, by a person holding an accreditation of a specified kind.

  (7)   If the equipment rules impose an obligation on a person to cause a thing to be done, the equipment rules may require that the thing be done by another person who is approved, in writing, by a person holding an accreditation of a specified kind.

  (8)   The equipment rules may prohibit a person from:

  (a)   supplying; or

  (b)   offering to supply;

a specified kind of equipment unless the person satisfies one or more specified conditions.

  (9)   The equipment rules may require that, if:

  (a)   the supply of equipment to a person; or

  (b)   an offer to supply equipment to a person;

involves the person accessing the supplier's website, the supplier must ensure that, before the equipment is supplied to the person, the person's attention is drawn to material that:

  (c)   is on the website; and

  (d)   complies with specified requirements.

  (10)   The equipment rules may prohibit a person from applying a specified kind of label to equipment unless the person does so in specified circumstances.

  (11)   The equipment rules may prohibit a person who supplies, or offers to supply, equipment from publishing a specified kind of material about the equipment on the person's website unless the person does so in specified circumstances.

  (12)   The equipment rules may prohibit a person from doing an act or thing specified in the legislative rules.

Permits

  (13)   The equipment rules may prohibit the doing of an act or thing by a person unless:

  (a)   the person holds a permit issued by the ACMA under the equipment rules; and

  (b)   the permit authorises the person to do that act or thing.

  (14)   An act or thing is not authorised by a permit if it is not in accordance with the conditions of the permit.

  (15)   The equipment rules may make provision for:

  (a)   the issue of permits by the ACMA; and

  (b)   the inclusion by the ACMA of conditions in a permit; and

  (c)   the cancellation of permits by the ACMA.

Note 1:   Refusals to issue permits are reviewable under Part   5.6.

Note 2:   Decisions about permit conditions are reviewable under Part   5.6.

Note 3:   Cancellations of permits are reviewable under Part   5.6.

  (16)   The equipment rules may make provision for ACMA to vary a permit by:

  (a)   including one or more further conditions; or

  (b)   varying any conditions of the permit; or

  (c)   revoking any conditions of the permit.

Note:   Decisions about permit conditions are reviewable under Part   5.6.

Other matters

  (17)   Subsections   (2) to (16) do not limit subsection   (1).

  (18)   Subsections   (2) to (16) do not limit each other.

  (19)   This section does not, by implication, limit subsection   156(1).

  (20)   This section has effect subject to subsection   156(3).