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RADIOCOMMUNICATIONS ACT 1992 - SECT 267

Simplified outline of this Part

  If a person has contravened, or is contravening, a civil penalty provision of this Act, the ACMA may give the person a remedial direction.

  A civil penalty provision of this Act is enforceable under Part   4 of the Regulatory Powers Act.

  Infringement notices may be given under Part   5 of the Regulatory Powers Act for alleged contraventions of certain provisions of this Act.

  The ACMA may accept an enforceable undertaking under Part   6 of the Regulatory Powers Act that relates to a provision of this Act.

  Injunctions may be granted under Part   7 of the Regulatory Powers Act in relation to contraventions of certain provisions of this Act.

  Forfeiture notices may be given for alleged contraventions of certain provisions of this Act.

  A provision is subject to monitoring under Part   2 of the Regulatory Powers Act if it is:

  (a)   an offence against Part   4.1 of this Act; or

  (b)   a civil penalty provision of this Act; or

  (c)   an offence against subsection   284J(8) of this Act.

  Information given in compliance, or purported compliance, with subsection   284J(8) or a provision of Part   4.1 is subject to monitoring under Part   2 of the Regulatory Powers Act.

  An offence against this Act, or a civil penalty provision of this Act, is subject to investigation under Part   3 of the Regulatory Powers Act.

  Inspectors appointed under this Act have the following additional powers:

  (a)   the power to give directions to a holder of an apparatus licence or a spectrum licence in relation to managing interference with radiocommunications;

  (b)   the power to enter premises to adjust transmitters in emergencies;

  (c)   the power to direct a person to operate a transmitter;

  (d)   the power to require a person to produce an apparatus licence, a spectrum licence, a third party authorisation, a certificate or a permit;

  (e)   the power to require a person to produce a copy of a record of an authorisation;

  (f)   the power to require a person to produce a record the retention of which is required by the equipment rules.

  A court may order the forfeiture to the Commonwealth of anything used, or otherwise involved, in:

  (a)   the commission of an offence against this Act; or

  (b)   a contravention of a civil penalty provision of this Act.

  The ACMA may issue a public warning notice.

Note:   Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014 (see section   5).



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