Commonwealth Consolidated Acts

RADIOCOMMUNICATIONS ACT 1992 - SECT 314

             (1)  The Governor-General may make regulations prescribing all matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.

             (2)  Without limiting subsection (1), the regulations may make provision in relation to:

                     (a)  prohibiting or regulating any act or thing likely to cause interference, or risk of interference, to radiocommunications; or

                     (b)  prohibiting or regulating making of radio emissions from a place within a specified area; or

                     (c)  prohibiting or regulating making of radio emissions in a way likely to cause an explosion; or

                     (d)  enabling a person who is alleged to have committed an offence of a kind referred to in the table in subsection 315(1) to pay to the Commonwealth, as an alternative to prosecution, a penalty of an amount worked out in accordance with section 315; or

                     (e)  prescribing the forms of warrants for the purposes of section 269; or

                      (f)  functions and powers to be conferred, and duties to be imposed, upon inspectors; or

                     (g)  refund of charges on surrender of certificates or licences; or

                     (h)  issue and return of duplicates of licences, certificates and permits, and of licences granted under the regulations; or

                      (i)  any matter incidental to or connected with any of the foregoing.

             (3)  The power to make regulations in relation to a matter is not limited merely by the fact that:

                     (a)  this Act makes provision in relation to the matter; or

                     (b)  this Act expressly allows such provision to be made:

                              (i)  by standards, advisory guidelines or orders; or

                             (ii)  by specifying conditions to which licences or permits are subject.

             (4)  Paragraph (2)(c) is not intended to limit or exclude concurrent operation of a law of a State or Territory.

             (5)  The regulations may provide, in respect of an offence against the regulations, for imposition of a fine not exceeding 10 penalty units.

             (6)  The limitation imposed by subsection (5) on the penalties that the regulations may prescribe does not prevent the regulations from requiring a person to make a statutory declaration.