Is it illegal?

ACMA, Licencing, and Examination discussion
VK2XSO

Re: Is it illegal?

Post by VK2XSO »

Where, exactly, does it say that? I can't find it.
Seems to have disappeared like my last post. :mrgreen:
Must have touched a few too many nerves even after 20 years.

I just had a look to see if it was still in the LCD's.
It used to be in the old regulations. Purpose of an Amateur station was; to communicate with other amateur stations. Or something very similar.
Each licence used to say basically the same thing. CB licence for the purpose of communication with other CB stations.

I'd cut and past the text from the new LCD's but I'm battling with adobe for some reason tonight.

Now in section 6 it just says "intercommunication" which does not specify who.
The difference is that the old regulations used to specify who you could communicate with. ie Other Hams.
Now it does not specify that. It also doesn't use the word "broadcast". So one way communications intended for a non-ham station would be legal.


I notice a few other differences, like "financial gain" rather than "pecuniary gain".
I can't remember what the old regs said with regards to 'entertainment', but it's rather amusing that it uses that direct wording.
"I'm sorry. You'll have to stop transmitting because I found your last over entertaining."
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Re: Is it illegal?

Post by VK2FXXX »

Nope .
I could not find the part which states that you cannot communicate with another ham, whom is transmitting on a band or mode that is not permitted to be used under their licence conditions. eg f call tx on 20m using digital modes.

Do we put this one with? :
F calls cant use echo-link/IRLP
F Calls cant fix their Radios
F calls cant use Ham radio deluxe etc

I have been told all of the above by helpful hams.
When I asked where in the LCD these rules could be found,I received replies like:
"Whats LCD", "I dont need to read that", "My mate VK##### told me ".
"No not the LCD the other one" etc.
To which I reply,I have the LCD and the radiocommunications licence conditions(apparatus Licence)Determination and I dont see these rules in either.

This brings me to the next point.
In the RLCD (Apparatus) 2003
Part 2 section 7
Permitted Communications
the licensee must operate a transmitter only to communicate with a station or receiver with which the licencee is permitted by the terms of the licence to communicate, unless
a) the transmission of a message is in relation to a distress or emergency situation or
b) the licensee is authorised in writing by the ACA or an inspector to communicate with another station or receiver in relation to the investigation of interference.

Not sure what that all means or even if the RLCD applies to amateurs!?
Perhaps this is where the idea comes from.


Take care
Brendan
VK7DR

Re: Is it illegal?

Post by VK7DR »

the answer is simple - no.
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Re: Is it illegal?

Post by VK2LK »

Excellent. That all confirms my suspicions that this is merely an Old Wives Tale

I think this thread can be put to bed now :)

Cheers,
Matt
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Re: Is it illegal?

Post by VK5ZD »

VK2FXXX wrote:In the RLCD (Apparatus) 2003
Part 2 section 7
Permitted Communications
the licensee must operate a transmitter only to communicate with a station or receiver with which the licencee is permitted by the terms of the licence to communicate, unless
a) the transmission of a message is in relation to a distress or emergency situation or
b) the licensee is authorised in writing by the ACA or an inspector to communicate with another station or receiver in relation to the investigation of interference.
In our case, the 'terms of the licence' are the 'Radiocommunications Licence Conditions (Amateur Licence) Determination' which, as you've seen, make no mention about who we can or cannot communicate with.
VK2XSO wrote:It used to be in the old regulations.
I suspect you're right; I have vague memories of it being that way when I first got my licence in 1969. I think you also got boiled in oil (or something equally terrible) if you revealed anything you received to a third party. :shock: Fortunately, such draconian regulations seem to have disappeared. :D

Even though our licence doesn't restrict who we can communicate with, other licences probably do. The citizens band class licence, for example, only allows communication with another CB station. I expect most land mobile licences also specify who you can communicate with and, even if they don't, the fact that these radios are usually restricted to specific frequencies kind of limits the options in that regard.

73
Iain
73
Iain Crawford - VK5ZD
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Re: Is it illegal?

Post by VK4GHZ »

VK4WDM wrote:One one such net I gave my complete callsign only to be given a short lecture on "correct net procedure" by the controller and a barrage of adverse comments from others on the frequency including being told I was a "lid" by a prominent VK DXer.
All of which took a lot longer than you giving your complete and proper callsign.
I wonder if any of these fools realised this at the time? :lol:

Besides, if the first transmission you make is only an abbreviated callsign, then you are not properly identifying.
Furthermore, we have a requirement to announce the callsign of the station we are calling.

Refer them to the LCD - it's right there in plain English:

Part 2 Conditions for every amateur licence
Section 8 Operation of an amateur station
8 Operation of an amateur station
(1) If the licensee makes a single transmission from an amateur station (other than an amateur beacon station or amateur repeater station), the licensee
must transmit the call sign of any station being called, or communicated with, followed by the call sign of the licensee’s amateur station:

(a) at the beginning and end of the transmission; and

(b) for a transmission that lasts more than 10 minutes — at least once during each period of 10 minutes in the transmission; and

(c) by voice (using the English language), by visual image or by an internationally recognised code.
These net controllers have an inherent responsibility to promote good operating standards.
And good operating cannot possibly begin with breaking the law.
Attachments
amateurLCD_1_97.pdf
Radiocommunications Licence Conditions
(Amateur Licence) Determination No. 1 of 1997 as amended made under paragraph 107 (1) (f) and subsection 179 (1) of the Radiocommunications Act 1992
This compilation was prepared on 19 October 2005 taking into account amendments up to Radiocommunications Licence Conditions (Amateur Licence) Amendment Determination 2005 (No. 1)
Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra
(271.54 KiB) Downloaded 174 times
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Re: Is it illegal?

Post by VK4GHZ »

... and while we're looking at the LCD, I wonder how the WIA broadcasts can properly justify using music?
6 Use of an amateur station
The licensee:
(a) must use an amateur station solely for the purpose of:
(i) self training in radiocommunications; or
(ii) intercommunications; or
(iii) technical investigations into radiocommunications; or
(iv) transmitting news and information services related to the
operation of amateur stations, as a means of facilitating
intercommunication; and

(b) must not use an amateur station for financial gain; and

(c) must not transmit:
(i) a message that is, or includes, an advertisement; or
(ii) any form of entertainment.
Music by nature is entertainment, no matter how short it may be.
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Re: Is it illegal?

Post by VK2GOM »

Was that really EHES in Morse, or was it music - the first bar of Gustav Holst's The Planets Suite - 'Mars, Bringer of War'? 8)

I have also heard the cheesy music that accompanies some WIA news articles during their broadcasts. I wouldn't be sorry to see (or hear) it go, and just stick to the news in question.

73 - Rob VK2GOM / GW0MOH
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