[TheList] Music over the Police/Fire channel

Sun May 30 11:22:36 AEST 2010

Bob and others involved in Amateur radio and posession of transmitting 
equipment please take a moment to refresh yourselves at the recent  
subtle change in the radio regulations.

Radiocommunications Regulations 2001 (SR 2001/240) (as at 01 February 2008)

*/The supply of radio transmitters is prohibited, except under a licence 
to supply radio transmitters./*

http://www.legislation.govt.nz/act/public/1989/0148/latest/DLM197395.html#DLM197395
 From teh above link you can check out the various regs in the MED 
legislation.

I'm not going to bother everyone by cutting and pasting regs in a long 
drawn out fashion to prove a point. You can read those at your leisure.
But I will point out if you read the recent article released by the MED 
about Mr Potter's conviction you may well notice the important reference 
to current legislation in this statement by the MED:

***SNIP***
"For the purposes of section 113, any person who erects, constructs, 
establishes, maintains, _*or is in possession of any radio transmitter 
is presumed to have used the radio transmitter*_. In this case, Mr 
Potter was found in possession of radio transmitting equipment that was 
capable of operating at a significantly higher power than the Amateur 
Radio Operators General Licence allows"

So I strongly suggest you re think your stance on the sale of your Yaesu 
757 to UNLICENCED people on Trade Med or anwhere else for that matter. 
You are breaking the law by selling to UNLICENCED amateurs and you are 
presumed to have used it while its in your posession.
If you are in posession of the apparatus you Bob are presumed to have 
used it under current legislation. Whether you pressed the PTT button or 
not.
That includes Tait radios programmed to Police and Fire or any other 
radio transmitter. The accused now has to prove they did not use the 
radio for the court system NOT the MED to prove you did.
A small change to the law that most people do not realise has been 
passed a while ago in legislation.

Regards
Steve Austin
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