Commonwealth Consolidated Acts Commonwealth Consolidated ActsScope
(1) This section applies to a person if:
(a) the ACMA believes on reasonable grounds that:
(i) the person has information or a document that relates to the supply of, or an offer to supply, one or more radiocommunications devices; and
(ii) the information or document is relevant to the operation of this Act or the equipment rules, so far as this Act relates, or the equipment rules relate, to interference with radiocommunications; and
(iii) the information or document would be reasonably likely to assist the ACMA in connection with managing, limiting or preventing interference with radiocommunications; or
(b) the ACMA believes on reasonable grounds that:
(i) the person has information or a document that relates to the supply of, or an offer to supply, one or more radiocommunications transmitters; and
(ii) the information or document is relevant to the operation of this Act, so far as this Act relates to radio emissions that result from a reasonably foreseeable use (including a misuse) of those radiocommunications transmitters and that would be likely to adversely affect the health or safety of individuals; or
(c) the ACMA believes on reasonable grounds that:
(i) the person has information or a document that relates to the supply of, or an offer to supply, one or more radiocommunications transmitters; and
(ii) the information or document is relevant to the operation of the equipment rules, so far as the equipment rules are directed towards achieving the objective of protecting the health or safety of individuals from any adverse effect likely to be attributable to radio emissions resulting from a reasonably foreseeable use (including a misuse) of those radiocommunications transmitters; or
(d) the ACMA believes on reasonable grounds that the person has information or a document that relates to the operation, or proposed operation, of one or more radiocommunications devices under:
(i) an apparatus licence; or
(ii) a spectrum licence; or
(iii) a class licence; or
(e) the ACMA believes on reasonable grounds that the person has information or a document that relates to the proposed operation of one or more radiocommunications devices under:
(i) an apparatus licence that might be issued in the future; or
(ii) a spectrum licence that might be issued in the future; or
(iii) a class licence that might be issued in the future; or
(f) the ACMA believes on reasonable grounds that the person has information or a document that relates to compliance or non - compliance with one or more conditions of:
(i) an apparatus licence; or
(ii) a spectrum licence; or
(iii) a class licence; or
(g) the ACMA believes on reasonable grounds that the person has information or a document that relates to the operation, or proposed operation, of one or more radiocommunications devices otherwise than as authorised by:
(i) an apparatus licence; or
(ii) a spectrum licence; or
(iii) a class licence; or
(h) the ACMA believes on reasonable grounds that the person has information or a document that relates to the possession, or proposed possession, of one or more radiocommunications devices for the purpose of operating those devices otherwise than as authorised by:
(i) an apparatus licence; or
(ii) a spectrum licence; or
(iii) a class licence.
Requirement
(2) The ACMA may, by written notice given to the person, require the person:
(a) to give the ACMA, within the period and in the manner and form specified in the notice, any such information; or
(b) to produce to the ACMA, within the period and in the manner specified in the notice, any such documents; or
(c) to make copies of any such documents and to produce to the ACMA, within the period and in the manner specified in the notice, those copies.
(3) A period specified under subsection (2) must not be shorter than 14 days.
Compliance
(4) A person must comply with a requirement under subsection (2).
Civil penalty: 20 penalty units.
Other provisions not limited
(5) This section does not, by implication, limit:
(a) any other provision of this Act that requires a person to:
(i) give information; or
(ii) produce a document; or
(b) a power conferred by this Act to make:
(i) regulations; or
(ii) rules; or
(iii) any other legislative instrument.