46Unlicensed operation of radiocommunications devices

#### 46 Unlicensed operation of radiocommunications devices Offence (1) Subject to section 49, a person must not operate a radiocommunications device otherwise than as authorised by: (a) a spectrum licence; or (b) an apparatus licence; or (c) a class licence. Penalty: (a) if the radiocommunications device is a radiocommunications transmitter: (i) if the offender is an individual—imprisonment for 2 years; or (ii) otherwise—1,500 penalty units; or (b) if the radiocommunications device is not a radiocommunications transmitter—20 penalty units. (2) Subsection (1) does not apply if the person has a reasonable excuse. > Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code). Civil penalty (3) Subject to section 49, a person must not operate a radiocommunications device otherwise than as authorised by: (a) a spectrum licence; or (b) an apparatus licence; or (c) a class licence. Civil penalty: (a) if the radiocommunications device is a radiocommunications transmitter—300 penalty units; or (b) if the radiocommunications device is not a radiocommunications transmitter—20 penalty units. (4) Subsection (3) does not apply if the person has a reasonable excuse. > Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).