Radiocommunications Amendment Act 2000

40 New section 114 substituted
  • The principal Act is amended by repealing section 114, and substituting the following section:

    114 Presumptions
    • (1) 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.

      (2) 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.