Packet

[Zebedee]

While that may be what the Act *says*, I think they'd be hard-pressed to find the time and energy to mount a prosecution against someone if they had a microphone-less radio "in their posession", as in the example of the one in the car.

(Not that I need to worry because a) nobody likes to drive "my" car coz it's a Falcon and is "too big" and b) most of them wouldn't even notice the radio anyway - observation or logical thinking isn't something that's usually on display )

[slipknot]

...a person must not have a radiocommunications device in his or her possession for the purpose of operating the device...

and

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.

My "bush lawyer's" opinion here is that the key words are "for the purpose of operating the device" - which I'm interpreting "operating" to mean "transmitting", since we all know that it's perfectly legal to listen to anything at all on any radio frequency so long as it's not a telephone call.

On those assumptions, I don't think that ACMA would be terribly interested in mounting a prosecution on someone who is just using an amateur radio as a receiver only.

I have a Yaesu FT-7800 in the car - which is not my car, it belongs to my employer. And while it almost never happens, it's technically possible that someone else from work may sometimes borrow the car to run errands. Which then means that they would then be "in posession" of an amateur radio that they have no licence or authority to operate.

So ... I fix that by unplugging and removing the microphone

That way, even if they can figure out which is the ON button (yes, they're all that technically challenged ), they still can't "operate" or transmit with it, as there's no means to do so if there's no microphone.

Just my 2c worth of non-lawyer's opinion

Why not detach the the whole head, then they cant even turn it on

[Zebedee]

Why not detach the the whole head, then they cant even turn it on

The head is already detached

The body of the radio is under the passenger seat. The head is mounted in the tissue box holder under the car stereo (if you know what the centre console area of a BA Falcon looks like).