6.3 ACMA Inspectorate Powers, Station Inspections & Lawful Directions
Key Takeaways
Section 284B applies Part 3 of the Regulatory Powers Act to investigation of offences and civil penalty provisions under the Radiocommunications Act.
Ordinary investigative entry under section 48 of the Regulatory Powers Act relies on valid occupier consent or an investigation warrant. Separate emergency entry powers have their own requirements.
ACMA can give a written notice for relevant class licence information or documents under section 284S. The specified period must be at least 14 days.
Section 284H provides for a direction to operate a transmitter to investigate interference or its risk, subject to safety limits.
Section 284F concerns written directions to spectrum or apparatus licence holders. Section 284KA addresses defined emergency intervention at an unoccupied location.
Identify the power being used
The Radiocommunications Act 1992 sets out the functions of inspectors in Part 5.5. Section 284 identifies who is an inspector. Section 284A applies specified monitoring powers to provisions and information within its scope. Section 284B applies the investigation framework in Part 3 of the Regulatory Powers (Standard Provisions) Act 2014 to offences and civil penalty provisions under the Radiocommunications Act. An investigation can concern equipment, station operation or a possible interference contravention. Start by identifying the legal basis and purpose of the action described in the question.
| Circumstance | What to check |
|---|---|
| Ordinary investigative visit with consent | Section 48 of the Regulatory Powers Act permits entry with consent. The occupier must be told they can refuse, and consent must be voluntary. |
| Ordinary investigative entry under warrant | The warrant can authorise entry and investigation within its terms without occupier consent. Section 284B identifies the issuing officers, which include magistrates and eligible consenting judges. |
| Emergency intervention | Section 284KA can allow an inspector to enter an unoccupied location and stop or adjust an operating transmitter in defined urgent circumstances. |
| Request to operate a transmitter | Section 284H allows a direction to operate for an interference investigation when the inspector has the specified reasonable grounds. |
| Written request for information or records | Identify whether it is an ACMA notice under section 284S or a more specific power, such as an inspector's written notice under section 284J. |
For a consent-based investigation, section 55 of the Regulatory Powers Act says the authorised person must leave when consent ceases to have effect. That section and section 56 include identification requirements for consent and warrant entry, with section 284C of the Radiocommunications Act addressing specified police identification. Sections 49–52 describe the investigation powers, including examining evidence and powers available under warrant. Access and seizure depend on the actual power being exercised. Court-ordered forfeiture under section 284L is a separate process.
Producing qualification and station information
Under section 284S, ACMA may require relevant information, documents or copies by written notice when the statutory criteria are met. These include reasonable grounds to believe that a person holds information about compliance with class licence conditions. A notice can ask for evidence of a recognised qualification to investigate compliance with the qualification condition. Check what the notice requires, its delivery method and due date. The period specified under section 284S must be at least 14 days.
An inspector's section 284J power covers specified licences, authorisations, certificates of proficiency, permits and certain equipment records, subject to the conditions of that section. It also uses written notices with a minimum 14-day period. For evidence of a current ACMA recognition certificate under the class licence, the broad ACMA information power in section 284S is the relevant example. A recognition certificate and a legacy certificate of proficiency are distinct documents.
Interference powers and their limits
- Section 284F provides for a written interference direction to a spectrum or apparatus licence holder. An assigned repeater licence is an apparatus licence. The holder of a personal call sign operating under the class licence is in a different position.
- Section 284H allows an inspector with reasonable grounds to direct operation of a transmitter to investigate interference or its risk. The inspector cannot give the direction if the operation is likely to endanger someone or damage property.
- Section 284KA addresses urgent entry at an unoccupied location. One ground is reasonable belief that an operating transmitter is interfering with radiocommunications essential to human safety, in circumstances sufficiently serious and urgent to justify entry. The inspector can stop or adjust the transmitter and must try to minimise disruption to it.
- Section 268 allows ACMA to give a written remedial direction after or during a contravention of a civil penalty provision. It aims to prevent a future contravention.
Worked example: a notice following an interference report
ACMA sends a class-licensed operator a section 284S notice requesting evidence of qualification, transmitter settings and documents about the station setup relevant to an interference inquiry. The notice gives 21 days. The operator should identify the requested information and produce it in the way specified. If ACMA also seeks a station visit, the entry power is a separate question. A written information notice does not itself grant entry.
During an ordinary investigation under section 284B, the occupier refuses entry to an amateur station and no emergency power applies. What can authorise entry under section 48 of the Regulatory Powers Act?
Informal approval from an amateur radio club.
The fact that the station is class-licensed.
A request by a neighbour who reported interference.
An investigation warrant covering the premises.
An operating transmitter at an unoccupied site is interfering with communications essential to human safety. The inspector has reasonable grounds and the circumstances are serious and urgent enough to justify entry. What does section 284KA permit?
Only writing to the station operator and waiting for a reply.
Entering and taking necessary action to stop or adjust the transmitter so the interference ceases.
Automatically cancelling every amateur call sign associated with the site.
Giving the station a permanent power increase.
ACMA gives a valid section 284S notice requesting qualification evidence and relevant station documents for a class licence inquiry, with a 21-day period. What should the operator do?
Replace the requested evidence with a membership card from a radio club.
Wait until ACMA requests the evidence orally.
Provide the specified information and documents within the period and in the manner set out in the notice.
Post all contact records publicly and assume that satisfies the notice.
Sections you finish are checked off in the contents.