Radiocommunications Regulations 2001

37 Infringement offences

(1)

Every person commits an infringement offence against the Act who—

(a)

installs, uses, offers to sell, sells, distributes, manufactures, or imports interfering equipment or susceptible equipment—

(i)

without a declaration of conformity or an exemption from the requirement to make a declaration of conformity; or

(ii)

that does not comply with a standard applying to that equipment; or

(iii)

that has been declared by the chief executive to be prohibited equipment; or

(iv)

that is the subject of a notice of recall by the Minister; or

(b)

installs or uses interfering equipment or susceptible equipment in a manner that does not comply with a code of practice applying to that equipment; or

(c)

fails to comply with any requirement or notice issued by the chief executive or the Minister under regulations 32 to 36; or

(d)

makes a false declaration of conformity; or

(e)

incorrectly labels, or otherwise falsely represents, interfering equipment or susceptible equipment as complying with these regulations; or

(ea)

fails to label interfering equipment or susceptible equipment as required by or under these regulations; or

(f)

uses interfering equipment, being a radio transmitter, otherwise than in accordance with a radio licence, a general user radio licence, an exemption, or a spectrum licence registered in accordance with Part 3 of the Act.

(2)

For the purposes of section 128B of the Act, every infringement notice must be in the form prescribed in Part 1 of Schedule 5.

(3)

The infringement fees for the infringement offences are set out in Part 2 of Schedule 5.

Regulation 37(1)(a): amended, on 1 February 2015, by regulation 17(1) of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).

Regulation 37(1)(d): replaced, on 1 February 2015, by regulation 17(2) of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).

Regulation 37(1)(e): replaced, on 1 February 2015, by regulation 17(2) of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).

Regulation 37(1)(ea): inserted, on 1 February 2015, by regulation 17(2) of the Radiocommunications Amendment Regulations 2014 (LI 2014/374).