Document ID: chunk:federal_register_of_legislation:F2021C00637:body:0:p3
Version: federal_register_of_legislation:F2021C00637
Segment Type: other
Provision Reference: 
Character Range: 5537–8405

and antenna; or
          (e) if a handphone station transmits in a form other than speech — transmit for more than 3 seconds in any period of 60 seconds; or
          (f) make an alteration to a handphone station, or to accessory apparatus used in the operation of the handphone station, that is likely to cause interference to radiocommunications, except:
             (i) in accordance with a direction given under subparagraph 7 (2) (a) (i); or
             (ii) with the consent in writing of an inspector who is reasonably satisfied that the alteration has been made to test the operation of the handphone station; or
          (g) operate a handphone station:
             (i) in a way that would be likely to cause a reasonable person, justifiably in all the circumstances, to be seriously alarmed or seriously affronted; or
             (ii) for the purpose of harassing a person; or
          (h) fail to comply with a direction given under section 7.

      7 Directions

       (1) A person must comply with a direction that:
          (a) relates to the operation of a handphone station by the person; and
          (b) is given to the person by a person referred to in subsection (3); and
          (c) is described in subsection (4).

       (2) A person must comply with a direction that:
          (a) relates to interference to radiocommunications that:
             (i) is likely to be caused by the alteration, installation or maintenance of a handphone station, or of accessory apparatus for use with a handphone station, by the person; or
             (ii) is, or is likely to be, caused by the operation of a handphone station by the person; and
          (b) is given to the person in writing by an inspector.

       (3) For paragraph (1) (b), a direction may be given by any of the following persons who is acting in the performance of their duties:
          (a) a member of the Australian Federal Police;
          (b) a member of the police force of a State or Territory;
          (c) an officer of the Defence Force;
          (d) an officer of the Australian Maritime Safety Authority who is employed in the Authority's Rescue Coordination Centre;
          (e) an officer mentioned in Schedule 2 to the Radiocommunications Regulations 1993.

       (4) A direction given to a person under subsection (1) must be reasonably necessary to:
          (a) secure the safety of an aircraft or a vessel that is in danger; or
          (b) deal with an emergency that involves a serious threat to the environment; or
          (c) deal with an emergency that involves the risk of death of, or injury to, a person; or
          (d) deal with an emergency that involves the risk of substantial damage to, or substantial loss of, property.

      8 Conditions – compliance with standards and equipment rules
      (1) A person must not operate a