Commonwealth Consolidated Acts Commonwealth Consolidated ActsScope
(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.