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Illegal use of scanners - todays situation

Posted: Sun Sep 03, 2006 4:07 pm
by Brett
Hey all, it's probably something that has come up all to often but I was kind of surprised when I offered some assistance to VR101 Portable today. Apparently they found a vehicle at one of the beaches either Rockingham or Port Kennedy area that was half in the water, half in the sand. The Ranger was uncontactable (surprise, surprise) and there was no chance that a tow truck could get next to the buried car.

So I rang VKI and offered assistance and just said "I heard it on the scanner"
I was told by the operator that it's illegal to listen / own a scanner and chances are I'll get booked for it.

So in the end I thought bugger it, your on your own.

Any feedback / comments on this?

Posted: Sun Sep 03, 2006 4:46 pm
by Fastlane
I think you're crazy ringing up. In reality, whats going on out there is pretty much none of your business - which is no doubt why you were politely told to sod off!

as far as the legality though, if they were illegal, you wouldnt be able to buy them.

Posted: Sun Sep 03, 2006 4:50 pm
by GC101
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Re: Illegal use of scanners - todays situation

Posted: Sun Sep 03, 2006 5:00 pm
by Zebedee
Brett wrote:I was told by the operator that it's illegal to listen / own a scanner and chances are I'll get booked for it.
To the best of my knowledge, and based on the fact that I'm NOT a lawyer, my understanding of the Radiocommunications Act makes it perfectly legal to listen to anything that's not a telephone call.

However the usual disclaimer applies - if you want a "real" answer, ask a lawyer :)

Re: Illegal use of scanners - todays situation

Posted: Sun Sep 03, 2006 5:11 pm
by vk6hgr
Brett wrote: I was told by the operator that it's illegal to listen / own a scanner and chances are I'll get booked for it.
Nonsense.

If you listen to something on a scanner and decide to go visit and get in the way, expect to be charged with the usual hindering police or similar however there's absolutely nothing in the federal Radiocommunications Act* which makes monitoring illegal.

I'm not a lawyer but I've read the act a number of times and there's just nothing in there that covers it. Illegal transmitters, sure, but nothing about receivers.


* - Except phone calls which are covered under the federal Telecommunications Act.

Posted: Sun Sep 03, 2006 5:30 pm
by westernwedgey
You can be charged with hindering/obstructing police...

If you act on any information or pass on any information heard (this he said is a grey area) on the scanner you can be charged with the above for starters...as told to me by a member.

Charges can vary depending on the situation...

Re: Illegal use of scanners - todays situation

Posted: Sun Sep 03, 2006 6:54 pm
by orac68
vk6hgr wrote:
Brett wrote: I was told by the operator that it's illegal to listen / own a scanner and chances are I'll get booked for it.
Nonsense.

If you listen to something on a scanner and decide to go visit and get in the way, expect to be charged with the usual hindering police or similar however there's absolutely nothing in the federal Radiocommunications Act* which makes monitoring illegal.

I'm not a lawyer but I've read the act a number of times and there's just nothing in there that covers it. Illegal transmitters, sure, but nothing about receivers.


* - Except phone calls which are covered under the federal Telecommunications Act.
Thats right Gavin. No problems listening but just dont ACT on the information you hear.

Posted: Sun Sep 03, 2006 7:11 pm
by Brett
Cheers from those with sensable replies. I have my own reasons why I called up and for that reason, I didn't go into it. Therefore I wasn't asking for people to tell me how much of a bone head I was to ring up.

Thanks anyways.

For those that made a reply with some decent content and thought, thanks for that, I'll make sure the operator knows that next time I call them again.

Unfortunatly there are a few people that I have less respect for. I'd appreciate it that if you think you have an opinion of me then tell me to my face but don't air it in public while you sit in the safety of your home behind your computer.

Cheers for your ears guys.

Posted: Sun Sep 03, 2006 7:31 pm
by Turbo
You probably just got a pissed off operator...

Posted: Sun Sep 03, 2006 7:42 pm
by Walks
Turbo wrote:You probably just got a pissed off operator...
Who was a civilian and doesn't know what they are talking about!

Posted: Sun Sep 03, 2006 8:06 pm
by jmmw
haha so many goody goodys in here, use to be cute but now these goody goodys are becoming very erm vigilante like.

everyone needs to relax more here and not take everything to heart, i mean honestly he probably shouldnt have rung up but for him to take it upon himself to volunteer his own time to help is a top thing to do! Maybe next time just rock up at the location and offer help considering the situation didnt have any active police work ie searching/chasing/questioning but simply sitting waiting for the ranger to make himself available or the tide to go out i think they would be grateful for you to offer assistance, i would much rather have vr101 out and about then sitting watching the waves.

Posted: Sun Sep 03, 2006 10:00 pm
by Admin
I've had to delete some posts in this thread that were off-topic.

Please keep discussions on-topic folks, as the old saying goes, a gentleman can disagree without being disagreeable :-)

Posted: Mon Sep 04, 2006 12:23 pm
by JG-103
Nice comment Brett. I agree totally, anybody can act all mucho when they aren't face to face with you. I agree jmmw.

Posted: Mon Sep 04, 2006 3:23 pm
by madmikey
jmmw wrote:haha so many goody goodys in here, use to be cute but now these goody goodys are becoming very erm vigilante like.
Couldn't agree more, thats what stops me from contributing more to this forum...

But I have heard a few times while listeing to my scanner that VKI have given job details and stated that someone was listening to there scanner and observed this or that and a few times it resulted in capturing POIs and offenders...

Posted: Mon Sep 04, 2006 3:31 pm
by gkoutlis
........