284KAPower of inspectors to enter premises and adjust transmitters in emergencies

284KA Power of inspectors to enter premises and adjust transmitters in emergencies

Interference with radiocommunications that are essential to the safety of human life (1) If an inspector believes on reasonable grounds that: (a) a transmitter is operating on any land, or on or in any premises, vessel, aircraft, space object or vehicle; and (b) the land, premises, vessel, aircraft, space object or vehicle is or are unoccupied; and (c) the operation of the transmitter is interfering with radiocommunications that are essential to the safety of human life; the inspector may: (d) enter the land, premises, vessel, aircraft, space object or vehicle, if the entry is made in circumstances of such seriousness and urgency as to require and justify entry to prevent the consequence set out in paragraph (c); and (e) take such action as the inspector considers necessary to cause the transmitter to: (i) cease operating; or (ii) operate in such a way as to no longer give rise to the consequence set out in paragraph (c). (2) In exercising a power conferred by paragraph (1)(e) in relation to a transmitter, an inspector must try to ensure that any disruption caused to the performance of the transmitter is no greater than is necessary to prevent the consequence set out in paragraph (1)(c). Substantial loss or damage (3) If an inspector believes on reasonable grounds that: (a) a transmitter is operating on any land, or on or in any premises, vessel, aircraft, space object or vehicle; and (b) the land, premises, vessel, aircraft, space object or vehicle is or are unoccupied; and (c) the operation of the transmitter is causing substantial loss or damage; the inspector may: (d) enter the land, premises, vessel, aircraft, space object or vehicle, if the entry is made in circumstances of such seriousness and urgency as to require and justify entry to prevent the consequence set out in paragraph (c); and (e) take such action as the inspector considers necessary to cause the transmitter to: (i) cease operating; or (ii) operate in such a way as to no longer give rise to the consequence set out in paragraph (c). (4) However, an inspector is not authorised to enter the land, premises, vessel, aircraft, space object or vehicle under subsection (3) unless the entry is made under a transmitter access warrant. (5) In exercising a power conferred by paragraph (3)(e) in relation to a transmitter, an inspector must try to ensure that any disruption caused to the performance of the transmitter is no greater than is necessary to prevent the consequence set out in paragraph (3)(c). Notification of the owner of the transmitter (6) If an inspector has, under a power conferred by this section: (a) entered any land, premises, vessel, aircraft, space object or vehicle; and (b) taken any action in respect of a transmitter; the inspector must, as soon as practicable, take all reasonable steps to notify the owner of the transmitter that the action has been taken.