Avoiding unauthorised radio use in Australia

Poor-quality radio equipment that is not authorised to operate on certain frequencies in Australia can easily be purchased online, as previously reported by Critical Comms.

In particular, two-way radios, or walkie-talkies, are typically sold cheaply from overseas with a range of preprogrammed frequencies. However, while it may seem to operate properly, the user may actually be preventing a critical service from doing its job.

Australian Communications and Media Authority (ACMA) field officers have found a number of Baofeng BF-888S and Baofeng BF-888S Plus two-way radios operating in the harmonised government spectrum (HGS). This frequency is primarily used by state and territory governments for law enforcement, emergency services and public safety communications.

ACMA has provided some tips for consumers (PDF) to help them avoid interfering with critical services.

Buy from a reputable supplier, preferably based in Australia

Before an Australian supplier can sell a two-way radio, that company or individual must meet a range of compliance requirements, including record keeping, labelling and ensuring the device complies with ACMA-mandated technical standards.

Users should ensure they have the radiocommunications licence

Users cannot operate a two-way radio without an appropriate licence, so they should ensure they understand and can meet radiocommunications licensing requirements.

Hire through a short- or long-term rental company

Companies all over Australia hire two-way radios. This can be quicker and easier because the company does the legwork to ensure the device can be lawfully operated in Australia and can also take care of any radiocommunications licensing requirements.

Buy a citizens band (CB) radio

Depending on communications requirements, users can buy a CB radio — a short-distance device that can be used by anyone in Australia. However, because the frequencies programmed into a CB radio are shared by other users, it may not suit those wanting commercial or private frequencies. Always check the conditions of the Radiocommunications (Citizen Band Radio Stations) Class Licence 2015 first.

The consequences can be serious if an individual is caught operating an unlicensed two-way radio. Under the Radiocommunications Act 1992, those found guilty of this offence may face jail terms of up to two years, while body corporates may receive a penalty of up to $270,000 (1500 penalty units). Other penalties may apply, such as the interference offence provisions in Part 4.2 of the Act.

For more information about the ACMA’s regulatory arrangements or radiocommunications licensing, contact the ACMA’s Customer Service Centre on 1300 850 115 or via info@acma.gov.au.

For advice on product safety, see the Australian Competition and Consumer Commission’s Product Safety website at www.productsafety.gov.au.  

This information is intended as a guide only and should not be relied on as legal advice or regarded as a substitute for legal advice in individual cases.

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