RADIOCOMMUNICATIONS ACT 1992 - SECT 160 Breach of equipment rules and permit conditions

RADIOCOMMUNICATIONS ACT 1992 - SECT 160

Offence

  (1)   A person commits an offence if:

  (a)   the person is subject to a prohibition imposed by the equipment rules; and

  (b)   the prohibition does not consist of contravening a condition of a permit; and

  (c)   the person engages in conduct; and

  (d)   the person's conduct contravenes the prohibition.

Penalty:   500 penalty units.

  (2)   A person commits an offence if:

  (a)   the person is subject to an obligation imposed by the equipment rules; and

  (b)   the obligation is not an obligation to do an act or thing:

  (i)   within a particular period; or

  (ii)   before a particular time; and

  (c)   the obligation is not an obligation to keep or retain records; and

  (d)   the obligation is not an obligation to comply with a condition of a permit; and

  (e)   the person engages in conduct; and

  (f)   the person's conduct contravenes the obligation.

Penalty:   500 penalty units.

  (3)   A person commits an offence if:

  (a)   the person is subject to an obligation imposed by the equipment rules; and

  (b)   the obligation is an obligation to do an act or thing:

  (i)   within a particular period; or

  (ii)   before a particular time; and

  (c)   the obligation is not an obligation to keep or retain records; and

  (d)   the obligation is not an obligation to comply with a condition of a permit; and

  (e)   the person engages in conduct; and

  (f)   the person's conduct contravenes the obligation.

Penalty:   500 penalty units.

  (4)   The maximum penalty for each day that an offence against subsection   (3) continues is 10% of the maximum penalty that could be imposed in respect of the principal offence.

Civil penalties

  (5)   If:

  (a)   a person is subject to a prohibition imposed by the equipment rules; and

  (b)   the prohibition does not consist of contravening a condition of a permit;

the person must not contravene the prohibition.

Civil penalty:   500 penalty units.

  (6)   If:

  (a)   a person is subject to an obligation imposed by the equipment rules; and

  (b)   the obligation is not an obligation to do an act or thing:

  (i)   within a particular period; or

  (ii)   before a particular time; and

  (c)   the obligation is not an obligation to keep or retain records; and

  (d)   the obligation is not an obligation to comply with a condition of a permit;

the person must not contravene the obligation.

Civil penalty:   500 penalty units.

  (7)   If:

  (a)   a person is subject to an obligation imposed by the equipment rules; and

  (b)   the obligation is an obligation to do an act or thing:

  (i)   within a particular period; or

  (ii)   before a particular time; and

  (c)   the obligation is not an obligation to keep or retain records; and

  (d)   the obligation is not an obligation to comply with a condition of a permit;

the person must not contravene the obligation.

Civil penalty:   500 penalty units.

  (8)   The maximum civil penalty for each day that a contravention of subsection   (7) continues is 10% of the maximum civil penalty that can be imposed in respect of a contravention of that subsection.

Note:   Subsection   (7) is a continuing civil penalty provision under section   93 of the Regulatory Powers Act.

  (9)   If:

  (a)   a person is subject to an obligation imposed by the equipment rules; and

  (b)   the obligation is an obligation to keep or retain records;

the person must not contravene the obligation.

Civil penalty:   30 penalty units.

  (10)   If a person is the holder of a permit, the person must not contravene a condition of the permit.

Civil penalty:   100 penalty units.

  (11)   Subsection   (10) 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).