Document ID: chunk:federal_register_of_legislation:C2024C00823:section:188
Version: federal_register_of_legislation:C2024C00823
Segment Type: section
Provision Reference: s 188
Character Range: 436494–439180

188  Notification requirements for a voluntary recall of equipment

Scope
 (1) This section applies if a person voluntarily takes action to recall equipment of a particular kind (including equipment that has become fixtures since being supplied) because:
 (a) a reasonably foreseeable use (including a misuse) of such equipment will or may cause substantial disruption, substantial disturbance or substantial interference to radiocommunications; or
 (b) such equipment would be likely to have an adverse effect on radiocommunications; or
 (c) in a case where such equipment consists of radiocommunications transmitters—radio emissions resulting from a reasonably foreseeable use (including a misuse) of such equipment would be likely to adversely affect the health or safety of individuals; or
 (d) a permanent ban on such equipment is in force.

Notifying the ACMA
 (2) The person must, within 2 days after taking the action, give the ACMA a written notice that complies with subsection (4).
Civil penalty: 20 penalty units.
 (3) The following provisions have effect:
 (a) the ACMA must publish a copy of the notice on the ACMA's website;
 (b) the legislative rules may provide that the ACMA must also publish a copy of the notice in accordance with the legislative rules.

Requirements for notice
 (4) A notice under subsection (2) must:
 (a) state that the equipment is subject to recall; and
 (b) if a reasonably foreseeable use or misuse of the equipment will or may cause substantial disruption, substantial disturbance or substantial interference to radiocommunications—set out the circumstances of that use or misuse; and
 (c) if the equipment would be likely to have an adverse effect on radiocommunications—set out that adverse effect; and
 (d) if:
 (i) the equipment consists of radiocommunications transmitters; and
 (ii) radio emissions resulting from a reasonably foreseeable use (including a misuse) of the equipment would be likely to adversely affect the health or safety of individuals;
  set out:
 (iii) the circumstances of that use (including misuse); and
 (iv) the way in which the health or safety of individuals is likely to be adversely affected by that use (including misuse); and
 (e) if a permanent ban on the equipment is in force—state that fact.

Continuing contravention of civil penalty provision
 (5) The maximum civil penalty for each day that a contravention of subsection (2) continues is 10% of the maximum civil penalty that can be imposed in respect of a contravention of that subsection.
Note: Subsection (2) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.

Part 4.2—Offences relating to radio emission