Radiocommunications Act 1989

  • This version was replaced on 19 January 2017 to make a correction to section 138(2)(a) under section 25(1)(i) and (j)(ii) of the Legislation Act 2012.
114 Presumptions


For the purposes of section 113, any person who erects, constructs, establishes, maintains, or is in possession of any radio transmitter is presumed to have used the radio transmitter unless and until the contrary is proved.


Where a radio transmitter is temporarily inoperative or has been partially dismantled, that radio transmitter is deemed to be, and to remain, capable of transmitting radiocommunications unless the Secretary is satisfied that the transmitter has been rendered inoperative.

Section 114: substituted, on 12 October 2001, by section 40 of the Radiocommunications Amendment Act 2000 (2000 No 8).