195Transmission from foreign vessel, aircraft or space object

195 Transmission from foreign vessel, aircraft or space object

(1) Subject to section 196 and subsection (2), a person must not, outside Australia and without the ACMA’s written permission, use a transmitter that is on board a foreign vessel, foreign aircraft or foreign space object: (a) for the purposes of transmitting to the general public in Australia radio programs or television programs; or (b) in a manner that the person knows is likely to interfere substantially with radiocommunications: (i) within Australia; or (ii) between a place in Australia and a place outside Australia.

Civil penalty: 300 penalty units.

(2) This section does not apply to use of a transmitter: (a) in accordance with an agreement, treaty or convention that: (i) is entered into between Australia and any other country or countries; and (ii) is specified in the regulations; or (b) under the direction of a person exercising powers under the law of the Commonwealth or of a State or Territory. (3) If the ACMA refuses to give permission to a person who applied for it, the ACMA must give the person a written notice of the refusal.

Note: Refusals to give permission are reviewable decisions under Part 5.6.