Document ID: chunk:federal_register_of_legislation:C2024C00823:section:172
Version: federal_register_of_legislation:C2024C00823
Segment Type: section
Provision Reference: s 172
Character Range: 415492–417083

172  Permanent bans on equipment
 (1) The ACMA may, by legislative instrument, impose a permanent ban on equipment of a specified kind if:
 (a) the ACMA is satisfied that equipment of that kind is designed to have an adverse effect on radiocommunications; or
 (b) the ACMA is satisfied that a reasonably foreseeable use (including a misuse) of equipment of that kind would be likely to substantially:
 (i) interfere with radiocommunications; or
 (ii) disrupt or disturb radiocommunications in any other way; or
 (c) both:
 (i) equipment of that kind consists of radiocommunications transmitters; and
 (ii) the ACMA is satisfied that radio emissions resulting from the operation of equipment of that kind would be likely to adversely affect the health or safety of individuals.
 (2) Before imposing a permanent ban on the grounds mentioned in paragraph (1)(c), the ACMA must consult ARPANSA (the Australian Radiation Protection and Nuclear Safety Agency).

Publication
 (3) If the ACMA makes a legislative instrument imposing a permanent ban, the ACMA must publish a notice that sets out:
 (a) a statement to the effect that the ban has been imposed; and
 (b) the time when the ban came, or is to come, into force; and
 (c) the kind of equipment to which the ban relates; and
 (d) the reason or reasons for imposing the ban.
 (4) The following provisions have effect:
 (a) the ACMA must publish a notice under subsection (3) on the ACMA's website;
 (b) the legislative rules may provide that the ACMA must also publish a notice under subsection (3) in accordance with the legislative rules.