Commonwealth Consolidated Acts

RADIOCOMMUNICATIONS ACT 1992 - SECT 279

             (1)  An inspector may:

                     (a)  require a person whom he or she suspects on reasonable grounds of having done an act in respect of which the person is required to hold a licence, authority under section 114, certificate or permit to produce the licence, authority, certificate or permit or evidence of its existence and contents; and

                     (b)  require the holder of a licence whom he or she suspects on reasonable grounds of having given an authority under section 114 to produce a copy of that authority; and

                     (c)  require a person whom he or she suspects on reasonable grounds of having recorded particulars relating to the supply of a receiver or transmitter in a document under section 301 to produce that document; and

                     (d)  require a person to produce evidence of having applied a label to a transmitter in accordance with an obligation imposed on the person under section 300; and

                     (e)  require a person who has been required to retain records by a notice under subsection 182(1) for a specified period to produce such records at any time during that period.

             (2)  A person must not fail to comply with a requirement under this section.

Penalty:  20 penalty units.

             (3)  Subsection (2) does not apply if the person has a reasonable excuse.

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

             (4)  Subsection (2) is an offence of strict liability.

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