Commonwealth Consolidated Acts

RADIOCOMMUNICATIONS ACT 1992 - SECT 187A

             (1)  If the ACMA publishes a notice under subsection 182(1) that specifies requirements to be met after a label has been applied, a manufacturer or importer must not fail to comply with requirements specified in the notice.

Penalty:  20 penalty units.

          (1A)  Subsection (1) does not apply if the person has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code ).

          (1B)  Subsection (1) is an offence of strict liability.

Note:          For strict liability , see section 6.1 of the Criminal Code .

             (2)  In addition to its effect apart from this subsection, subsection (1) also has the effect it would have if each reference in that subsection to a device were, by express provision, confined to:

                     (a)  a radiocommunications transmitter; or

                     (b)  a radiocommunications receiver; or

                     (c)  a device, where the operation of the device is likely to interfere with radiocommunications; or

                     (d)  a device, where the uses or functions of the device are likely to be interfered with by the operation of radiocommunications transmitters.

             (3)  In addition to its effect apart from this subsection, subsection (1) also has the effect it would have if the reference in that subsection to a manufacturer or importer were, by express provision, confined to a manufacturer, or an importer, that is a corporation to which paragraph 51(xx) of the Constitution applies.

             (4)  In addition to its effect apart from this subsection, subsection (1) also has the effect it would have if each reference in that subsection to a manufacturer or importer were, by express provision, confined to a manufacturer, or an importer, who manufactured or imported the device for the purposes of supply:

                     (a)  in the course of, or in relation to:

                              (i)  trade or commerce between Australia and places outside Australia; or

                             (ii)  trade or commerce among the States; or

                            (iii)  trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or

                     (b)  to the Commonwealth, to a Territory or to an authority or instrumentality of the Commonwealth or of a Territory.