188Notification requirements for a voluntary recall of equipment

188 Notification requirements for a voluntary recall of equipment

Scope (1) This section applies if a person voluntarily takes action to recall equipment of a particular kind (including equipment that has become fixtures since being supplied) because: (a) a reasonably foreseeable use (including a misuse) of such equipment will or may cause substantial disruption, substantial disturbance or substantial interference to radiocommunications; or (b) such equipment would be likely to have an adverse effect on radiocommunications; or (c) in a case where such equipment consists of radiocommunications transmitters—radio emissions resulting from a reasonably foreseeable use (including a misuse) of such equipment would be likely to adversely affect the health or safety of individuals; or (d) a permanent ban on such equipment is in force. Notifying the ACMA (2) The person must, within 2 days after taking the action, give the ACMA a written notice that complies with subsection (4).

Civil penalty: 20 penalty units.

(3) The following provisions have effect: (a) the ACMA must publish a copy of the notice on the ACMA’s website; (b) the legislative rules may provide that the ACMA must also publish a copy of the notice in accordance with the legislative rules. Requirements for notice (4) A notice under subsection (2) must: (a) state that the equipment is subject to recall; and (b) if a reasonably foreseeable use or misuse of the equipment will or may cause substantial disruption, substantial disturbance or substantial interference to radiocommunications—set out the circumstances of that use or misuse; and (c) if the equipment would be likely to have an adverse effect on radiocommunications—set out that adverse effect; and (d) if: (i) the equipment consists of radiocommunications transmitters; and (ii) radio emissions resulting from a reasonably foreseeable use (including a misuse) of the equipment would be likely to adversely affect the health or safety of individuals; set out: (iii) the circumstances of that use (including misuse); and (iv) the way in which the health or safety of individuals is likely to be adversely affected by that use (including misuse); and (e) if a permanent ban on the equipment is in force—state that fact. Continuing contravention of civil penalty provision (5) The maximum civil penalty for each day that a contravention of subsection (2) continues is 10% of the maximum civil penalty that can be imposed in respect of a contravention of that subsection.

Note: Subsection (2) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.