vehicle may depend; or
(c)
the use of apparatus has caused or is causing undue interference with other
radio communication under circumstances where all reasonable steps to
minimise interference have been taken in relation to the situation or
apparatus receiving such radio communication,
the Commission may serve on the person in whose possession the apparatus is a notice in writing
requiring that, after a date fixed by the notice, not being less than twenty-eight days from the date
of the service of the notice, the apparatus shall not be used, whether by the person to whom that
notice is given or otherwise, or shall only be used in such manner, at such times and in such
circumstances as may be specified in the notice:
(2)
Notwithstanding subsection (1) (a)
if, before the date fixed by the notice, a notice is given under subsection
(5) requiring the Commission to refer the matter to the Appeals Board,
the notice of the Commission shall not operate until the termination of the
proceedings before the Appeals Board, and a notice given under this
subsection by the Commission, other than a notice to which paragraph (b)
applies, shall be framed accordingly; and
(b)
if the Commission is satisfied that the use of the apparatus in question is
likely to cause undue interference with a radio communication used for
the purpose of a safety of life service or for a purpose on which the safety
of a person or of a vessel, aircraft or vehicle may depend the date to be
fixed by the notice may be the date of the service of the notice and
paragraph (a) shall not apply.
(3) Subject to subsection (4), a notice under subsection (1) may be revoked or varied by a
subsequent notice in writing by the Commission served on the person in whose possession the
apparatus then is.
(4) Notwithstanding subsection (3), where a notice under this section has the effect of
imposing additional restrictions on the use of the apparatus, the provisions of subsection (2)
relating to the coming into force of a notice shall apply in relation to the notice as if it had been a
notice served under that subsection.
(5) Where notice has been given under subsection (1), a person having possession of or
an interest in the apparatus to which the notice relates may, at any time, whether before or after
the date fixed by that notice, by notice in writing served on the Commission, require the
Commission to refer the matter to the Appeals Board, and the Commission, unless the
Commission revokes the notice given under subsection (1) or modifies the notice to the
satisfaction of that person, shall refer the matter to the Appeals Board.
33
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