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).