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 2015 (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 1 July 2023 the cost of a Commonwealth ‘penalty unit’ increased to $313, so the maximum penalty for a breach of sections 46 or 47 is:
- up to 2 years imprisonment (for an individual); or
- up to $469,500 fine (for all others) [1500 penalty units].
If the misuse interferes with an emergency call these penalties increase under section 194 of the Act to:
- up to 5 years imprisonment (for an individual); or
- up to $1,565,000 fine (for all others) [5000 penalty units].
These penalties are set to increase every 3 years.
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 federal government an “emergency signal” consists of the following (see Schedule 1, Radiocommunications (Interpretation) Determination 2015):
- a call for assistance; or
- a signal of distress; or
- a message that is related to a call for assistance or a signal of distress.
Any transmission, including routine communications even by volunteer emergency services (e.g. fireground or member-to-member communications that does not involve an actual emergency) is therefore prohibited under the CBRS class licence and the Radiocommunications Act, although some very brief messages by volunteer monitoring groups (e.g. announcing on-air, off-air, etc.) are generally tolerated by the regulator. Weather warnings such as thunderstorms, severe weather, etc. may be initially announced over the emergency channels, but the full broadcast must be done on another channel.
Excuses could cost lives!
The channels aren’t used
This is an argument often heard from those misusing the channels for their own use. It is true that mobile telephones have largely replaced the one time popular use of CB, however mobile phones still have black spots, rural regions with zero coverage, and in the past have been put out of commission for extended periods by storms, floods, fires and network outages. During these times CB (especially UHF) is commonly used to provide a link for people to summon help.
In addition many emergency services use CB, and the emergency channels, to talk with the general public during a response, including RFDS, rescue aircraft, and bush fire services. You never know when the emergency channels will be needed for an emergency, and chances are if you’re busy chatting you will never hear that faint call for help.
We’re an ’emergency service’
Some (usually volunteer) emergency services believe they have a right to use the emergency channels for general operations (we have heard this excuse from some volunteers, not all). This often comes from a belief that they are channels reserved for use by emergency services only. THIS IS NOT TRUE! Paragraph 6(a) of the CBRS class licence states “[a person must not] except in an emergency – operate a CB station on…” Emergency services have to abide by the same laws as all other CB users, including the use of emergency channels for the above mentioned operations only.
We’ll stop if we hear a call
This often goes hand-in-hand with the first excuse. The problem here is:
- very weak calls may not be heard if you are busy chatting among yourselves; and
- this use is still unlawful under the class licence!
No matter how you put it, using the emergency channels for any reason other than what they are legally designated for is both illegal and potentially life/property endangering. The question you need to ask is – “if it was my family whose life was in danger, would I still use the channel the way I am?”
We’ve used this channel for years
This is not an excuse! Ignorance of the law, any law, is no excuse. The channels have been identified as emergency channels since 1978/79. Prior to 1994 all licensing information issued by the Australian Government showed the emergency channels. When the class licence came out in 1994 nothing changed, and over more recent years every user guide supplied with Australian CB equipment must include a channel chart that identifies the emergency channels, so the fact you’ve used the channels illegally for years is no legal excuse (we’re sure that if you received a speeding fine you wouldn’t go before a judge and say “but I’ve done that speed past the school for years!”)
If the call can’t get through, help may not reach you!