Illegal Radios Warning !!!

In the Recent few Months This issue has popped up from time to time and due to the free market on these radios it seems that most think , because they can buy them on ebay or amazon , and can program them with any frequency they like they are legal and open to use , bad news they are not !!!

Here’s a Copy and paste of the legal section of my website this is also a copy and paste of a mx of a few sites the best information has been collected and lets say the bones picked from them all

The rules say the following , read on below , this includes CB users Commercial Users any one Government departments if your using a radio in Australia these rules apply to you , the points and info have been taken from the act , personal interaction with the ACMA and their advise , and past advise

Australia has stringent laws for two-way radios. This includes the testing and approval of hardware including the Transmit and Receive stages for approved operation complying to Australian Specifications from the ACMA (Australian Government) for the Safe Operations of Radio Transmitters.

Each 2 Way Radio must undergo expensive type approval test to ensure it does not exceed normal radiation standards and to ensure safety whilst operating the device.

If a radio has not been approved then it is instantly ILLEGAL to own and operate in Australia. Heavy Fines can be levied on Users and Importers who break these laws. Radio Inspectors are out there checking and tracking Illegal Users and importers all the time.

There are exemptions for amateur or ham radio use at this stage there is no limitations on what radio a amateur radio operator can use providing they stay within the limits of the bands or frequencies permitted and power limits 

This does not mean that an amateur op can operate these radios in bands or freqs out side the bands such as cb or commercial the operation is limited to the bands permitted and the operator must be appropriately licenced 

How to tell if your radio is Legal 

Check for an RCM or C-Tick Label (like the ones below) check on the inside case under the battery area. If the two-way radio dose NOT have these Marks or Stickers then the Radio Is generally  Illegal for use in Australia

The older mark like this with a N12345 styled number after the label is called a C-Tick.

These illegal unapproved two-way radios pose a significant risk to public safety, not only are they often programmed Illegally to the same frequencies as those used by the Police, Fire & Ambulance services and Licensed Private Frequencies but also because the radios sometimes transmit across multiple frequencies because they are cheap and badly designed.

The following fines are applicable if a user is found in possession of a radio:

The Australian Government Department ACMA (Australian Communications and Media Authority) has legislated that only Radios which pass the approval System can be sold and used in Australia.

As of January 2007 the maximum penalties for the misuse of the legally allocated CB emergency channels are:

  • For general misuse – if an individual 2 years imprisonment, otherwise $165,000 (a $220 on-the-spot fine can be issued in minor cases per radio); or
  • For interference to an Emergency call – if an individual 5 years imprisonment, otherwise $550,000

Supply of devices that are non-compliant would be a breach of Section 160 of the Act.

The Act provides for court imposed penalties of up $270,000 for breaching Section 160. The ACMA also has the power to issue infringement notices for these breaches.

in accordance with Section 301 of the Act, supply of radio communications equipment must only be to licensed persons. If a radio is programmed with a frequency such as the one below, the supplier must ensure the recipient of the device is suitably licenced to operate on that frequency prior to supply. Pursuant to Sect 279c of the Act, an ACMA inspector may request a supplier to provide copies of documents relating to the supply of that product, including copies of the licence.

Some of the Illegal models are , its not limited to this list but this is a rough list 

Illegal Motorola Radios

The following Motorola models are illegal to import and/or use in Australia:

These radios are NOT type-approved and are actually programmed on American UHF Frequencies (FMRS) which are Illegal to use in Australia. ALL Motorola Radios Starting with the Model Letter T xxx are Illegal to use in Australia and NZ.

  • TLKR T3 Radio
  • TLKR T5 Radio
  • TLKR T7 Radio
  • TLKR T4 Radio
  • TLKR T6 Radio
  • TLKR T8 Radio
  • TLKR T40 Radio
  • TLKR T41 Radio
  • TLKR T50 Radio
  • TLKR T80 Radio
  • T60 Radio
  • T61 Radio
  • T80 Radio
  • T81 Radio
  • TALKABOUT T92 H2O Radio
  • TALKABOUT T42 Radio
  • TALKABOUT T62 Radio
  • TALKABOUT T82 Radio
  • TALKABOUT T82 Extreme Radio
  • DTR 2430 Radio
  • DTR 2450 Radio
  • XTR Digital Business Radio
  • XTR 446 Business Compact Radio
  • XTB446 Business Radio
  • XTNi Series Radios
  • CLK446 Radio
  • CLP446 Radio
  • PMR446 Radios
  • XT4000 Radios
  • FRS and FMRS Compatible Radios
  • XPR (USA) Model Radios (The DP series Radios are only allowed to be used in Australia)
  • GP340
  • RDU4100
  • DTR600
  • T460
  • T100
  • T460
  • T62
  • T200
  • T600
  • T82
  • T260
  • T107
  • T625
  • T465
  • 748
  • T5030R

Baofeng Brand Radios are ALL ILLEGAL 

ALL Baofeng Radios Are Illegal To Use In Australia. Most of these radios come in Illegally and are Programmed with Police and other frequencies that interfere with licensed users and Public Safety Radios. These Radios are Dangerous.

Many of these radios are also marketed under different brands such as:

  • Retevis
  • Ansoko
  • eSYNiC
  • Jason
  • Tenway
  • Floureon

Models Such As:

  • UV5R
  • UV9R
  • DMR Models
  • UV 5XP
  • BF F8HP
  • MURS V1
  • GMRS V1
  • UV 82HP
  • UV 82C
  • UV 5R+
  • GT 3
  • GT 5
  • GMRS 50X1
  • UV 50X3
  • UV 50X2
  • UV 25X4
  • UV 25X2
  • Mini UV2501
  • Mini UV2501
  • Mini UV5001
  • 888S
  • UV 9R+
  • BF T1
  • A58S
  • BF R5
  • RT 22
  • RT 15

Other Illegal Radios

Brands Such As:

  • Bell South
  • Xiaomi
  • Helida
  • Roky
  • Tintec
  • Olywiz
  • Zastone
  • Binatone
  • Obuby
  • Wouxun
  • Puxing
  • HQT
  • Binatone
  • Any-Tone
  • Free Talker

PLEASE NOTE: Unless you transmit on the Free 80 Channels of UHF CB Channels only YOU WILL NEED A PRIVATE LICENSE for any other frequency. South Eastern Communications can organise to apply for a Private Frequency (at a cost for ACMA) to you. . Or lease you a short term Frequency AGAIN you cannot have an Illegal radio programmed for Australian Frequencies no ifs buts or maybes 

RULE OF THUMB

  • Do not buy NEW 2 Way Radios or Walkie Talkies off Ebay, Amazon, WISH, China or USA. They WILL BE ILLEGAL
  • Only Buy from an authorised Australian Company
  • Some Ebay sites say that they are in Australia but are from China making them Illegal.
  • Always ask if the radio has an RCM or C-Tick Label

News Articles/Reference  : 

Critical Comms Nov/Dev 2019 – SAR Compliance In Australia – Page 24

ACMA – Beware of two-way radios from overseas

Type approved,com.au  https://www.typeapproved.com.au/fines-for-illegal-radios/

https://www.infrastructure.gov.au/media-technology-communications/spectrum/interference-radio-communications

https://www.acma.gov.au/how-spot-dodgy-device

The Bottom Line , is this if your using UHF CB the Radio you are using must be both Type and Standard Approved if its not either then the radio you are operating is not legal , you could be unknowingly interfering with a service of some kind , and acting in a unsafe manor if you are using these on a emergency service frequency you stand liable for a a hefty fine if sprung if you have a commercial work freq these are not be used as above , if your a ham operator operating on the ham bands your golden you can continue to do so , if your using this as a receiver with all transmit disabled completely generally this means the ptt or hardware needs to be removed but in some case can mean software via the programming ,