Document ID: chunk:federal_register_of_legislation:C2004A05139:clause:1_50
Version: federal_register_of_legislation:C2004A05139
Segment Type: clause
Provision Reference: sch 1 cl 50
Character Range: 32455–35013

50  After subsection 157(1)
Insert:

 (2) If the transmitter referred to in subsection (1) is a non‑standard transmitter solely because of non-compliance with an EMC standard, subsection (1) does not apply to the transmitter unless:
 (a) the person referred to in that subsection is a corporation to which paragraph 51(xx) of the Constitution applies; or
 (b) the radio emission referred to in that subsection 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 2 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 corporation to which paragraph 51(xx) of the Constitution applies; or
 (ix) banking, other than State banking; or
 (x) insurance, other than State insurance; or
 (xi) weighing or measuring; or
 (c) the radio emission referred to in that subsection 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 2 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 corporation to which paragraph 51(xx) of the Constitution applies; or
 (ix) banking, other than State banking; or
 (x) insurance, other than State insurance; or
 (xi) weighing or measuring; or
 (d) the radio emission referred to in that subsection was likely to interfere with:
 (i) radiocommunications; or
 (ii) broadcasting services (within the meaning of the Broadcasting Services Act 1992); or
 (iii) telecommunications services (within the meaning of the Telecommunications Act 1991); or
 (iv) any other postal, telegraphic, telephonic or other like service.