[Boatanchors] Illegal tx in OZ ??

[Brian Clarke]

Hello Geoff,

It is not illegal to own radio transmitting equipment in Australia. It is 
part of the radio amateur's reason for existence to experiment. The only 
experimentation that is prohibited under the present legislation and 
regulation, is for Foundation Licence holders to modify their transmitters - 
for any reason. That's it.

Let's consider your claim that it is illegal to build or modify any 
equipment ... to operate outside the ham bands. That is not correct. Many 
transceivers and even some receivers transmit outside the ham bands as part 
of their normal operation. Just think about superheterodyne receivers and 
synthesised oscillators that work by addition and subtraction of 
frequencies - that are outside ham bands. The (unintentional) transmission 
of the local oscillator's signal from superheterodyne receivers was what 
gave radio inspectors their ability to locate operating radios when it was 
illegal to use such a radio without paying a licence fee - a thoroughly 
monopolistic practice procured by the radio manufacturers and broadcasters 
for the purpose of restricting trade. That legal structure no longer exists 
in Australia.

The essence of the Australian regulation is 'for the purpose of ...'. In 
other words, ownership of any radio equipment is not illegal in Australia. 
The present chuffing around is probably the result of untrained but 
aggressive radio inspectors mis-interpreting their mandate.

73 de Brian, VK2GCE.

On Sunday, November 06, 2011 4:55 PM, Geoff D Roberts of Australia opined:


<snip[>
>
> Pete, I'd actually go further and say that it's unlawful for an amateur to
> build or modify ANY equipment, commercial, ham or homebuilt, to operate
> outside the ham bands.
<snip>