Commonwealth Consolidated Acts

RADIOCOMMUNICATIONS ACT 1992 - SECT 49

             (1)  A person does not contravene section 46 or 47 by operating a radiocommunications device, or having a radiocommunications device in his or her possession, in the reasonable belief that the operation or possession was necessary for the purpose of:

                     (a)  securing the safety of a vessel, aircraft or space object that was in danger; or

                     (b)  dealing with an emergency involving a serious threat to the environment; or

                     (c)  dealing with an emergency involving risk of death of, or injury to, persons; or

                     (d)  dealing with an emergency involving risk of substantial loss of, or substantial damage to, property.

             (2)  In proceedings for an offence against section 46 or 47, the burden of proving any of the matters referred to in subsection (1) lies on the defendant.

             (3)  Nothing in this section limits the scope of the expression "reasonable excuse" in section 46 or 47.