Commonwealth Consolidated Acts

RADIOCOMMUNICATIONS ACT 1992 - SECT 189

             (1)  A person must not:

                     (a)  operate or supply a device that the person knows is a device in respect of which a declaration is in force under section 190; or

                     (b)  have a device that the person knows, or ought reasonably to know, is such a device in his or her possession for the purpose of operating or supplying the device.

Penalty: 

                     (a)  if the offender is an individual--imprisonment for 2 years; or

                     (b)  otherwise--1,500 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 ).

             (2)  For the purposes of establishing a contravention of subsection (1), if, having regard to:

                     (a)  a person's abilities, experience, qualifications and other attributes; and

                     (b)  all the circumstances surrounding the alleged contravention;

the person ought reasonably to have known that the device in question was a device in respect of which a declaration under section 190 was in force, the person is taken to have known that it was such a device.