Monday, Sep 18, 2006 at 11:59
Frankly Mike I think it's highly unlikely anyone would be charged unless they were doing you on some other offences and just threw this in for good measure.
I looked into this at some length about 3 years ago and this was a post I made, at the time, to another list - I don't know if the links still work:
-------------------------
RADIOCOMMUNICATIONS ACT 1992 - SECT 47
Unlawful possession of radiocommunications devices
see
Sect 47
Site Link
Sect 49
Site Link
All the act
Site Link
(To save you the trouble - I'll quote Sects 47 & 49)
(1) Subject to section 49, a person must not have a
radiocommunications device in his or her possession
for the purpose of operating the device otherwise
than as authorised by:
(a) a spectrum licence; or
(b) an apparatus licence; or
(c) a class licence.
snip
(2) Subsection (1) does not apply if the person has
a reasonable excuse.
Now Sect 49
(1)A person does not contravene section 46 or 47
by operating a radiocommunications device, or
having a radiocommunications device in his or her
possession, in the reasonable belief that the
operation
or possession was necessary for the purpose of:
[emergencies]
snip
So I read the above to say that providing you can
show you had a "reasonable belief" to consider
possession was necessary you're in the clear.
-------------------------
It's a "guilty until proven innocent" situation, in other words you would need to prove to the satisfaction of the court that you had no intention of operating the radio on those frequencies which begs the question why did you have them programmed?
Mike Harding
FollowupID:
453138