Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to section 49, a person must not operate a radiocommunications 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 ).
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