9Direction in relation to CB station — emergencies

9 Direction in relation to CB station – emergencies

(1) Subject to subsection (3), a person specified in subsection (2) (the specified person) may give another person (the recipient) a direction that relates to the operation of a CB station by the recipient.

Note 1: The direction need not be in writing.

Note 2: See subsection 133(3) of the Act.

(2) For the purposes of subsection (1), the following persons are specified: (a) a member of the Australian Federal Police or the police force of a State or Territory; (b) a person specified in paragraph (a) of the definition of officer in subsection 4(1) of the Defence Act 1903; (c) an officer of the Australian Maritime Safety Authority who is engaged to work in the Authority’s Joint Rescue Coordination Centre; (d) an officer specified in regulations made for the purpose of subparagraph 108(3)(b)(v) of the Act.

Note: At the time this instrument was made, section 7 of the Radiocommunications Regulations 2023 specified officers for the purpose of subparagraph 108(3)(b)(v) of the Act. The Radiocommunications Regulations 2023 are a legislative instrument and are available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.

(3) A specified person may only give the recipient a direction under subsection (1) if the person is satisfied that the direction is reasonably necessary to: (a) secure the safety of an aircraft or vessel that is in danger; or (b) deal with an emergency that involves a serious threat to the environment; or (c) deal with an emergency that involves the risk of death of, or injury to, a person; or (d) deal with an emergency that involves the risk of substantial damage to, or substantial loss of, property. (4) A specified person may give the recipient of a direction (the first direction) under subsection (1) a further direction that: (a) varies; or (b) revokes; the first direction. (5) The recipient of a direction under subsection (1) may apply to the ART for review of: (a) the direction; or (b) a variation of the direction.