Commonwealth Consolidated Acts

RADIOCOMMUNICATIONS ACT 1992 - SECT 159

             (1)  Without limiting section 158, a person is taken, for the purposes of that section, to have a device in his or her possession for the purpose of operation if it is in his or her possession, otherwise than for the purpose of supply to another person, and can be operated by merely doing one or more of the following:

                     (a)  connecting the device to an electric power supply by means of an electric plug or other electric connection;

                     (b)  connecting a microphone to the device by inserting a microphone plug into the device;

                     (c)  switching on the device;

                     (d)  switching on any other equipment relevant to the device's operation;

                     (e)  adjusting settings by manipulating the device's external switches, dials or other controls;

                      (f)  connecting the device to an antenna.

             (2)  Subsection (1) only applies in the absence of any evidence to the contrary.

             (3)  A reference in this section to a person having a device in his or her possession includes a reference to the person having it under control in any place whatever, whether for the use or benefit of that person or another person, and although another person has the actual possession or custody of it.