The following story is true. The details have been softened a little to preserve anonymity. More information will be added as it comes to hand.
It seems that there was a number of individuals who were using service organisations' repeater networks for their own purposes and creating interference to those services. The ACMA was called in to assist in apprehending those responsible. A number of months of recording and documentation then ensued. Eventually, the net was tightened and they were caught. Through what may be termed 'guilt by association' another, not entirely innocent, person also received a visit. An array of unlicensed transmitting equipment was seized by the authorities and a date in court was arranged for all those involved.
If you have in your possession, are using, or plan to use, equipment capable of transmitting on frequencies for which you are not licensed, carefully consider the following extracts from the
Radiocommunications Act, 1992 - the current regulations on the subject and available from the
The Australian Communications and Media Authority web site.
Basically, a licence is required for every radio transmitter. Exceptions to this are CBs and LIPDs - designated low interference potential devices. There are power restrictions on these 'no licence required' items but if you are using more than the permitted power you should also read the following extracts.
If you source your equipment from disposals, trash and treasure or 'midnight' supermarkets and think how wonderful it is to not have to get a licence, think again.
Section 272 - General offence related searches and seizures
(1) This section applies if an inspector suspects on reasonable grounds that there is on any land, or on or in any premises, vessel, aircraft, space object or vehicle anything connected with a particular offence against this Act.
(2) The inspector may, with the consent of the owner or occupier of the land, premises, vessel, aircraft, space object or vehicle, or in accordance with a warrant issued under Division 2:
(a) enter the land, premises, vessel, aircraft, space object or vehicle; and
(b) search the land, premises, vessel, aircraft, space object or vehicle; and
(c) break open and search a cupboard, drawer, chest, trunk, box, package or other receptacle, whether a fixture or not, in which the inspector suspects on reasonable grounds there to be anything of a kind referred to in subsection (1); and
(d) examine and seize anything that the inspector suspects on reasonable grounds to be connected with the offence.
(3) If an inspector may enter a vessel, aircraft, space object or vehicle under subsection (2), the inspector may, for that purpose and for the purpose of exercising a power referred to in paragraph (2)(b), (c) or (d), stop and detain the vessel, aircraft, space object or vehicle.
Section 197 - Causing Interference etc.
(1) A person is guilty of an offence if:
(a) the person engages in conduct; and
(b) the person is reckless as to whether the conduct will result in:
(i) substantial interference with radiocommunications; or
(ii) substantial disruption or disturbance of radiocommunications.
Penalty: Imprisonment for 1 year.
(2) In this section:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
Section 273 - Evidence about the commission of other offences
If:
(a) in the course of searching, in accordance with a warrant, for a particular thing in relation to a particular offence, an inspector finds a thing that the inspector believes on reasonable grounds to be:
(i) a thing that is connected with the offence, although not the thing specified in the warrant; or
(ii) a thing that is connected with another offence against this Act; and
(b) the inspector believes, on reasonable grounds, that it is necessary to seize that thing in order to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating the offence or the other offence;
the warrant is taken to authorise the inspector to seize that thing.
Section 275 - Emergency searches and seizures
(1) Subject to subsection (4), if an inspector has reasonable grounds to believe:
(a) that a person is carrying anything that is connected with an offence against this Act; and
(b) that the exercise of powers under this section is necessary to prevent the concealment, loss or destruction of the thing;
the inspector may:
(c) search the person, the person's clothing and any property in the person's immediate control; and
(d) seize any such thing found in the course of the search.
(2) Subject to subsection (4), if an inspector has reasonable grounds to believe:
(a) that there is on any land or on or in any premises, vessel, aircraft, space object or vehicle anything that is connected with an offence against this Act; and
(b) that the exercise of powers under this section is necessary to prevent the concealment, loss or destruction of the article or thing;
the inspector may, with such assistance as the inspector thinks fit, and if necessary by force:
(c) enter the land, premises, vessel, aircraft, space object or vehicle; and
(d) search for the thing; and
(e) seize any such thing found in the course of the search.
(3) If an inspector may enter a vessel, aircraft, space object or vehicle under subsection (2), the inspector may, for that purpose and for the purpose of exercising a power referred to in paragraph (2)(d) or (e), stop and detain the vessel, aircraft or vehicle.
(4) An inspector must not exercise powers under subsection (1) or (2) unless the power is exercised in circumstances of such seriousness and urgency as to require and justify the immediate exercise of those powers without the authority of a warrant issued under Division 2.
Section 280 - Court may order forfeiture
If a court convicts a person of an offence against this Act, the court may order the forfeiture to the Commonwealth of anything used or otherwise involved in the commission of the offence.
Section 301 - Supply of radiocommunications devices to unlicensed persons
(1) Subject to subsection (2), a person (the supplier) who carries on the business of supplying radiocommunications devices to persons intending to operate them must not supply another person with an eligible radiocommunications device in the course of carrying on that business unless:
(a) the other person presents to the supplier a licence, or a duplicate of the licence, that authorises the other person to operate the device; and
(b) the supplier causes such particulars relating to supply of the device as are specified in the regulations to be recorded in a document kept for the purposes of this Act.
Penalty: 20 penalty units.
(1A) Subsection (1) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).
(1B) Subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(2) It is a defence if the supplier believed on reasonable grounds that a document that the other person presented to the supplier was a licence that authorised the other person to operate the radiocommunications device.
(3) The supplier must retain the document in which particulars of the supply were recorded under subsection (1) for at least 2 years after the supply.
Penalty: 20 penalty units.
(3A) Subsection (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(4) In subsection (1):
eligible radiocommunications device means a radiocommunications device included in a class of radiocommunications devices specified in the regulations.
Created 2005 by
Kevin Crockett. Comments and suggestions may be e-mailed to
