Successful Prosecution

A 63-year-old man from Melbourne’s Western suburbs pleaded guilty in the Werribee Magistrates Court on 11 January 2012 to several offences under the Radiocommunications Act.

The offences—unlicensed operation of a radiocommunications device, unlawful possession of a radiocommunications device and causing interference to radiocommunications—carry penalties of up to two years' imprisonment.

The prosecution followed an extensive investigation into alleged breaches of the Radiocommunications Act.

The court was told that, until August 2009, the defendant had been a licensed amateur radio operator but was investigated by the ACMA following extensive complaints about interference. As a result of the investigation by its Compliance Operations, Field Operations and Interference Management and Monitoring Sections, the ACMA cancelled the defendant’s amateur licence. It was alleged that the defendant continued to regularly use his amateur transmitter from his home, contrary to the Radiocommunications Act, deliberately causing interference to licensed radio amateurs.

After further complaints, the ACMA traced the interference back to the defendant’s home a number of times. However, despite warnings from the ACMA, the complaints continued. The execution of a search warrant by the ACMA in September 2011 confirmed that the defendant had a large amount of radiocommunications equipment, contrary to the Act. Tests confirmed that the equipment was set to the radio frequencies that had been interfered with.

The court placed the defendant on a 12-month good behaviour bond, ordered him to dispose of all of the seized equipment within four months and to prove to the ACMA in writing that he had disposed of the equipment.

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