Misuse and penalties
The misuse of the emergency channels breaches federal law. Specifically, it is contrary to the provisions of section 6(a) of the Radiocommunications (Citizen Band Radio Stations) Class Licence 2025 (Cth), which breaches section 132 paragraph (3) of the Radiocommunications Act 1992 (Cth) (“the Act”) and as a result, sections 46 and 47 of the Act. On 7 November 2024, the cost of a Commonwealth ‘penalty unit’ increased to $330, so the maximum penalty for a breach of sections 46 or 47 is:
- up to 2 years imprisonment (for an individual); or
- up to $495,000 fine (for all others) [1500 penalty units]; or
- up to $99,000 fine (civil penalty) [300 penalty units].
If the misuse interferes with an emergency call these penalties increase under section 193 or 194 of the Act to:
- up to 5 years imprisonment (for an individual); or
- up to $1,650,000 fine (for all others) [5000 penalty units].
These penalties are set to increase with CPI.
In minor cases the ACMA may choose to issue an infringement notice for a lesser amount, at their discretion and assessed on a case-by-case basis.
What is an “emergency”?
According to the Class Licence, a person must not operate a CB station on the emergency channels, unless the person operates the station:
- during an emergency or natural disaster; or
- for the purposes of an emergency services organisation’s response, or ability to respond, to an emergency or natural disaster.
The definition of an “emergency service organisation” is given in the class licence as each of the following:
- the Australian Federal Police or the police force of a State or Territory;
- a fire-fighting, civil defence or rescue organisation;
- an ambulance service;
- the Royal Flying Doctor Service;
- any other organisation whose sole or principal purpose involves securing the safety of persons during an emergency;
- a service for despatching such a force, organisation or service.
The Radiocommunications (Interpretation) Determination 2025 states:
emergency signal means one or more of the following:
(a) a request for assistance;
(b) a signal of distress;
(c) a message that is related to a request for assistance or a signal of distress.
Based on the description contained in the Class Licence for an “emergency services organisation”, specifically “any other organisation whose sole or principal purpose involves securing the safety of persons during an emergency”, it would seem CB emergency monitoring groups would meet this definition. So far, ACMA have not rejected this interpretation.