Friday, May 04, 2012 at 17:03
"43RD888 posted:
There is nothing the Radio Comms Act that allows you to possess a radio simply to use it in an emergency. If that was the case I would have my own personal police radio under the pillow :)
All frequencies need to covered by an appropriate license. "
Further to that here is the appropriate clauses from the Radiocommunications Act 1992
47 Unlawful possession of radiocommunications devices
(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.
Penalty:
(a) if the radiocommunications device is a radiocommunications
transmitter:
(i) if the offender is an individual—imprisonment for 2
years; or
(ii) otherwise—1,500 penalty units; or
(b) if the radiocommunications device is not a
radiocommunications transmitter—20 penalty units.
(2) Subsection (1) does not apply if the person has a reasonable
excuse.
48 Additional provisions about possession of radiocommunications
devices
(1) Without limiting section 47, a person is taken, for the purposes of
that section, to have a radiocommunications device in his or her
possession for the purpose of operation if it is in his or her
possession, otherwise than for the purpose of supply to another
person, and can be operated merely by doing one or more of the
following:
(a) connecting the device to an electric power supply by means
of an electric plug or other electrical connection;
(b) connecting a microphone to the device by inserting a
microphone plug into the device;
(c) switching on the device;
(d) switching on any other equipment relevant to the device’s
operation;
(e) adjusting settings by manipulating the device’s external
switches, dials or other controls;
(f) connecting the device to an antenna.
(2) Subsection (1) only applies in the absence of any evidence to the
contrary.
(3) A reference in this Division to a person having a
radiocommunications device in his or her possession includes a
reference to the person having it under control in any place
whatever, whether for the use or benefit of that person or another
person, and although another person has the actual possession or
custody of it.
FollowupID:
760237