49Emergency operation etc. of radiocommunications devices

#### 49 Emergency operation etc. of radiocommunications devices (1) A person does not contravene section 46 or 47 by operating a radiocommunications device, or having a radiocommunications device in his or her possession, in the reasonable belief that the operation or possession was necessary for the purpose of: (a) securing the safety of a vessel, aircraft or space object that was in danger; or (b) dealing with an emergency involving a serious threat to the environment; or (c) dealing with an emergency involving risk of death of, or injury to, persons; or (d) dealing with an emergency involving risk of substantial loss of, or substantial damage to, property; or (e) if a national emergency declaration is in force—dealing with the emergency to which the declaration relates. (2) In proceedings for an offence against subsection 46(1) or 47(1), the burden of proving any of the matters referred to in subsection (1) lies on the defendant. (2A) In proceedings for a civil penalty order for a contravention of subsection 46(3) or 47(3), the burden of proving any of the matters referred to in subsection (1) of this section lies on the defendant. (3) Nothing in this section limits the scope of the expression “reasonable excuse” in section 46 or 47.