Sunday, August 26, 2012

RADIO SCANNER LAWS IN NSW

Hello and welcome back.... I was asked today by a neighbour "Is Scanning Legal?", he was surprised when I said YES, It is perfectly legal pastime as long as you follow a few guidelines.

The listening device act (small snippet) is as follows =
 
Listening Devices Act 1984 No 69 
6 Prohibition on communication or publication of private conversations unlawfully listened to (1) A person shall not knowingly communicate or publish to any other person a private conversation, or a report of a private conversation, that has come to the persons knowledge as a result, direct or indirect, of the use of a listening device in contravention of section 5.
(2) Subsection (1) does not apply: (a) where the communication or publication is made: (i) to a party to the private conversation, (ii) with the consent, express or implied, of all the principal parties to the private conversation, or (iii) in the course of proceedings for an offence against this Act or the regulations,
(b) where the communication or publication is not more than is reasonably necessary in connection with: (i) an imminent threat of serious violence to persons or of substantial damage to property, or (ii) a serious narcotics offence, or (c) to prevent a person who has obtained knowledge of the private conversation otherwise than in a manner referred to in that subsection from communicating or publishing to another person the knowledge so obtained by the person, notwithstanding that the person also obtained knowledge of the conversation in such a manner.

READ IN FULL HERE 

SO, what does this mean.... Basicly scanning is a hobby or pastime and it stays like that, USE COMMON SENSE.... I can't stress that enough.

DON'T rock up to an accident with a radio scanner in your hand, most emergency services especially Police frown upon their conversations being "Spied upon" or listened to.

DON'T use your scanner for Illegal activity, you want to be stupid enough to break the law then leave your scanner at home for when you get out of jail, It pisses me off that idiots get caught, and it gets splattered across the news that the person was caught with "A Police Radio Scanner".
All this does is ruin it for people like myself and other like mined people that enjoy this hobby

DON'T record private phone conversations, This is illegal, This includes Mobile phones, Cordless-phones and Ship to shore radio telephone.

DON'T re-transmit conversations that you hear on your scanner, Keep conversations that you hear to yourself. I do believe you can reword a conversation, say if you were writing a story, post or website (can anybody verify?)

In regards to Android and Apple Apps that have police scanners on them I think its only a matter of time that they are banned. I was reading about a police officer in America chasing a burglar? down the street, as the officer spoke he could hear his voice being echoed from the persons iPhone.... This outraged police officers and their unions, making a request to parliament to ban these apps.

Hope this helps, basically it comes down to common sense, because it may be a matter of time that certain people could ruin it for others with their stupid behavior... Time will tell.

Disclaimer = I am not a Lawyer or solicitor, I have compiled this information  after years of knowledge, research and common sense.

Michael Bailey2012.
 
 

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