Document ID: chunk:federal_register_of_legislation:C2004A05139:clause:1_53
Version: federal_register_of_legislation:C2004A05139
Segment Type: clause
Provision Reference: sch 1 cl 53
Character Range: 35289–37808

53  After subsection 158(1)
Insert:

 (2) If the device referred to in subsection (1) is a non‑standard device solely because of non-compliance with an EMC standard, subsection (1) does not apply to the possession of the device unless:
 (a) the person referred to in that subsection is a corporation to which paragraph 51(xx) of the Constitution applies; or
 (b) the operation referred to in that subsection is 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 operation referred to in that subsection was likely to interfere with the operation of another device, where the operation of that other device 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 operation 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.