Commonwealth Consolidated Acts

RADIOCOMMUNICATIONS ACT 1992 - SECT 47

Offence

  (1)   Subject to section   49, a person must not have a radiocommunications device in his or her possession for the purpose of operating the device otherwise than as authorised by:

  (a)   a spectrum licence; or

  (b)   an apparatus licence; or

  (c)   a class licence.

Penalty:  

  (a)   if the radiocommunications device is a radiocommunications transmitter:

  (i)   if the offender is an individual--imprisonment for 2 years; or

  (ii)   otherwise--1,500 penalty units; or

  (b)   if the radiocommunications device is not a radiocommunications transmitter--20 penalty units.

  (2)   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   (2) (see subsection   13.3(3) of the Criminal Code ).

Civil penalty

  (3)   Subject to section   49, a person must not have a radiocommunications device in the person's possession for the purpose of operating the device otherwise than as authorised by:

  (a)   a spectrum licence; or

  (b)   an apparatus licence; or

  (c)   a class licence.

Civil penalty:

  (a)   if the radiocommunications device is a radiocommunications transmitter--300 penalty units; or

  (b)   if the radiocommunications device is not a radiocommunications transmitter--20 penalty units.

  (4)   Subsection   (3) does not apply if the person has a reasonable excuse.

Note:   A defendant bears an evidential burden in relation to the matter in this subsection   (see section   96 of the Regulatory Powers Act).