Document ID: chunk:federal_register_of_legislation:F2024C00514:clause:5_15
Version: federal_register_of_legislation:F2024C00514
Segment Type: clause
Provision Reference: sch 5 cl 15
Character Range: 17373–20060

15  Prohibition – causing emissions and the EMC standard
 (1) A person must not cause a radio emission to be made by a transmitter that does not comply with the EMC standard.
 (2) Subsection (1) does not apply where:
 (a) a person holds a permit that authorises the person to cause a radio emission to be made; and
 (b) the permit specifies the EMC standard; and
 (c) the person causes a radio emission to be made by a transmitter that does not comply with the EMC standard; and
 (d) the radio emission is made in accordance with the permit.
 (3) Subsection (1) does not apply in relation to a radio emission made by a transmitter unless:
 (a) the person mentioned in subsection (1) is a constitutional corporation; or
 (b) the radio emission was made as a result of the device being operated in the course of, or in relation to:
 (i) trade or commerce between Australia and places outside Australia; or
 (ii) trade or commerce among the States; or
 (iii) trade or commerce within a Territory, between a State and a Territory, or between two Territories; or
 (iv) the supply of goods or services to the Commonwealth, to a Territory or to an authority or instrumentality of the Commonwealth or of a Territory; or
 (v) the defence of Australia; or
 (vi) the operation of lighthouses, lightships, beacons or buoys; or
 (vii) astronomical or meteorological observations; or
 (viii) an activity of a constitutional corporation; or
 (ix) banking, other than State banking; or
 (x) insurance, other than State insurance; or
 (xi) weighing or measuring; or
 (c) the radio emission was likely to interfere with the operation of another device, where that operation was in the course of, or in relation to:
 (i) trade or commerce between Australia and places outside Australia; or
 (ii) trade or commerce among the States; or
 (iii) trade or commerce within a Territory, between a State and a Territory, or between two Territories; or
 (iv) the supply of goods or services to the Commonwealth, to a Territory or to an authority or instrumentality of the Commonwealth or of a Territory; or
 (v) the defence of Australia; or
 (vi) the operation of lighthouses, lightships, beacons or buoys; or
 (vii) astronomical or meteorological observations; or
 (viii) an activity of a constitutional corporation; or
 (ix) banking, other than State banking; or
 (x) insurance, other than State insurance; or
 (xi) weighing or measuring; or
 (d) the radio emission was likely to interfere with:
 (i) radiocommunications; or
 (ii) broadcasting services; or
 (iii) carriage services; or
 (iv) any other postal, telegraphic, telephonic or like services.
 (4) Subsection (1) does not apply if an exemption applies.