Commonwealth Numbered Acts

RADIOCOMMUNICATIONS ACT 1992 No. 174, 1992 - SECT 314

314.(1) The Governor-General may make regulations prescribing all matters:

   (a)  required or permitted by this Act to be prescribed; or

   (b)  necessary or convenient to be prescribed for carrying out or giving
        effect to this Act.

(2) Without limiting subsection (1), the regulations may make provision in
relation to:

   (a)  prohibiting or regulating any act or thing likely to cause
        interference, or risk of interference, to radiocommunications; or

   (b)  prohibiting or regulating making of radio emissions from a place
        within a specified area; or

   (c)  prohibiting or regulating making of radio emissions in a way likely to
        cause an explosion; or

   (d)  enabling a person who is alleged to have committed an offence of a
        kind referred to in paragraph 315(a), (b) or (c) to pay to the
        Commonwealth, as an alternative to prosecution, a penalty of an amount
        worked out in accordance with section 315; or

   (e)  prescribing the forms of warrants for the purposes of section 269; or

   (f)  functions and powers to be conferred, and duties to be imposed, upon
        inspectors; or

   (g)  refund of charges on surrender of certificates or licences; or

   (h)  issue and return of duplicates of licences, certificates and permits,
        and of licences granted under the regulations; or

   (i)  any matter incidental to or connected with any of the foregoing.

(3) The power to make regulations in relation to a matter is not limited
merely by the fact that:

   (a)  this Act makes provision in relation to the matter; or

   (b)  this Act expressly allows such provision to be made:

        (i)    by standards, advisory guidelines or orders; or

        (ii)   by specifying conditions to which licences or permits are
               subject.

(4) Paragraph (2)(c) is not intended to limit or exclude concurrent operation
of a law of a State or Territory.

(5) The regulations may provide, in respect of an offence against the
regulations, for imposition of a fine not exceeding $1,000.

(6) The limitation imposed by subsection (5) on the penalties that the
regulations may prescribe does not prevent the regulations from requiring a
person to make a statutory declaration.