Commonwealth Consolidated Acts

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RADIOCOMMUNICATIONS ACT 1992 - SECT 227

Contravention of orders

  (1)   A person must not contravene a restrictive order.

Penalty:   300 penalty units.

  (1A)   Subsection   (1) does not apply if the person has a reasonable excuse.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (1A) (see subsection   13.3(3) of the Criminal Code ).

  (2)   A person does not contravene subsection   (1) if the person contravenes a restrictive order in the reasonable belief that the act or omission constituting the contravention is necessary for the purposes of:

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

  (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

  (d)   dealing with an emergency involving risk of substantial loss of, or substantial damage to, property.

  (3)   In proceedings for an offence against subsection   (1), the burden of proving any of the matters referred to in subsection   (2) lies on the defendant.

  (4)   Nothing in subsection   (2) limits the scope of the expression "reasonable excuse" in subsection   (1A).



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