[OZAPRS] Concerned about 10.151Hhz LSB

[Darryl Smith]

Of course, although it has not been tested in court to my knowledge, there
is a defense of the ‘having a device able to receive on a frequency you do
not have a license for’ section.



All you need to do is claim that you are operating outside the conditions
of your license. From memory it is a 20 – 100 unit penalty for operating
outside license conditions, not the up to 2500 penalty units for operating
without a license.



Take the example of a ham using the HF radio also for CB and RFS. The ham
is not licensed for these frequencies, and under normal reading would be
charged with unlicensed transmissions. But under the alternate, he is just
operating outside his license conditions on his ham band – a smaller fine



Darryl

---------
Darryl Smith, VK2TDS   POBox 169 Ingleburn NSW 2565 Australia
Mobile Number 0412 929 634 [+61 4 12 929 634 International]
www.radio-active.net.au - www.radio-active.net.au\tracking


  _____

From: ozaprs-bounces at marconi.ics.mq.edu.au
[mailto:ozaprs-bounces at marconi.ics.mq.edu.au] On Behalf Of Colin Matten
Sent: Wednesday, 3 December 2003 9:57 PM
To: ozaprs at marconi.ics.mq.edu.au
Subject: RE: [OZAPRS] Concerned about 10.151Hhz LSB



This was recently discussed in aus.radio.amateur.misc.

Have a read of
http://scaleplus.law.gov.au/html/pasteact/0/300/0/PA000690.htm
http://scaleplus.law.gov.au/html/pasteact/0/300/0/PA000700.htm

Colin VK2HCM



-----Original Message-----
From: Richter, Mike W [mailto:Michael.Richter at team.telstra.com]
Sent: Wednesday, 3 December 2003 9:22 PM
To: ozaprs at marconi.ics.mq.edu.au
Subject: RE: [OZAPRS] Concerned about 10.151Hhz LSB



"Having a transceiver capable of transmitting out of band, as we know, is
illegal"

 - that's news to me, I didn't think possession of any transmitter on any
frequency was illegal. I thought only transmitting was illegal.

 - After all, every HF Ham transmitter sold in Australia has been capable
of operating outside Australian Ham bands, even if only a few hundred kHz.



Mike VK2BMM



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