Document ID: chunk:federal_register_of_legislation:C2024C00823:section:46
Version: federal_register_of_legislation:C2024C00823
Segment Type: section
Provision Reference: s 46
Character Range: 103493–104889

46  Unlicensed operation of radiocommunications devices

Offence
 (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).

Civil penalty
 (3) 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.
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).