If no licence, are you still allowed to buy Ameteur Radios?

[slipknot]

HI all.

God forbid, I was talking on the CB radio CH 4 Repeater yesterday, and heard some guy talking to another fellow, about his recent purchase of a "Dual Bandaa! Radio" and that it was a "7800", I asked him if it was a FT - 7800, but he replied "no its an FH-7800" (that radio doesn't exist).

I Questioned him on why he has one of these considering it doesn't TX on anything else but Amateur Frequencies, he also explained that he is not a licensed Amateur.

All the nawsayers on that channel were using bad language as usual and telling me they know better and that you are allowed to purchase and posses an Amateur radio without a licence.

He reckons hes using it for "scanning".

I further questioned him again as I'm pretty sure that Vertex actually have scanner model radio for that purpose.

Although I passed my regulations exam with a 100% pass mark, I am now confused and just want to check if this is indeed the case - whether you are allowed a Amateur radio without a licence.

Cheers

[Zebedee]

To get a "real" answer, you'd probably need to pay a lawyer for a legal opinion.

I'm not a lawyer but here's my interpretation of the law, for what it's worth (which isn't a lot! )

The piece of legislation that would apply in this case is the Radiocommunications Act 1992. (The Amateur LCD is some subsidiary legislation or regulations under that Act).

If you like reading laws, or you're looking for a cure for insomnia, the Act can be viewed online here

The part of the Act that's of interest here is Part 3.1 - more specifically, Section 47 which says:

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.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

Now, my interpretation of that section is that unless you have a "resonable excuse", you are not allowed to have in your posession a radiocommunications transmitter, unless you are authorised by an appropriate licence.

CB Radio is authorised under a class licence, for example. So you can posess a CB radio transmitter because it's licenced as such. You can own amateur radio gear if you hold an amateur licence - which is an apparatus licence as defined above.

There's even more stuff in the Act, such as Section 48, which more clearly defines what they mean by having something in your posession and what it means when they talk about it being "for the purpose of operation". An example is a radio shop that sells amateur gear. The shopkeeper doesn't need an amateur licence to sell it, because it's defined in the legislation that posessing something only in order to sell it is OK.

Isn't legislation fun?!?

So - the people you were talking to who "knew better", may not know much of anything at all

Even if you "only own it for scanning", that section 48 of the legislation says that you're covered under the previous section (posessing a radiocommunications transmitter) if you are able to make it work by connecting it to a power supply, or if it's possible to hook up a microphone to the device, or if you hook the device up to some kind of antenna.

(It doesn't say you have to do any of these things, it says that simply being able to do those things is enough).

Again, that's just my interpretation of what the law says. Others may have different opinions. In the end though, the only opinions that matter are those of the radio inspectors that confiscate your gear and charge you and that of a judge when you front up to court to defend yourself.

[robbage]

With a tweak, the FT-7800 can transmit on more than just ham bands. Still illegal of course, but some of the frequencies would get your butt kicked a lot harder.

[VK6ZMS]

Could be a coincidence but there was a station on the Fremantle repeater tonight whose callsign was not on the online ACMA database.
and Doug my bush lawyer skills agree with your interpenetration on the act.

[slipknot]

Really? well unless someone jumped the gun again, however, do you remember what his sounded like?
The person I was listening to on the Childrens Band who was bragging about his purcahse of a ft7800 had one of those real Aussie truck driver accent so to speak....

Also, Thanks for that doug.

True aswell Rob, ive heard that the ft7800 can gain access to the old Analog Police network