Commonwealth Consolidated Acts

RADIOCOMMUNICATIONS ACT 1992 - SECT 195

             (1)  Subject to section 196 and subsection (2), a person must not, outside Australia and without the ACMA's written permission, use a transmitter that is on board a foreign vessel, foreign aircraft or foreign space object:

                     (a)  for the purposes of transmitting to the general public in Australia radio programs or television programs; or

                     (b)  in a manner that the person knows is likely to interfere substantially with radiocommunications:

                              (i)  within Australia; or

                             (ii)  between a place in Australia and a place outside Australia.

Penalty: 

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

                     (b)  otherwise--1,500 penalty units.

             (2)  This section does not apply to use of a transmitter:

                     (a)  in accordance with an agreement, treaty or convention that:

                              (i)  is entered into between Australia and any other country or countries; and

                             (ii)  is specified in the regulations; or

                     (b)  under the direction of a person exercising powers under the law of the Commonwealth or of a State or Territory.

             (3)  If the ACMA refuses to give permission to a person who applied for it, the ACMA must give the person a written notice of the refusal.

Note:          Refusals to give permission are reviewable decisions under Part 5.6.