9Conditions — purposes and transmissions

9 Conditions – purposes and transmissions

(1) A person must not operate an amateur station otherwise than for an amateur purpose. (2) A person must not operate an amateur station: (a) to obtain financial gain or reward, or for the purpose of obtaining financial gain or reward; or (b) to solicit a message that is to be transmitted on behalf of another person unless the message relates to a disaster; or (c) to transmit: (i) a message that enables any person to obtain financial gain or reward; or (ii) a message that is, or includes, an advertisement; or (iii) a message to an amateur station in another country, if the purpose of the transmission would be inconsistent with the table of frequency band allocations in the spectrum plan or a footnote to that table; or (iv) subject to subsection (3), a signal that is encoded, for the purpose of obscuring the meaning of the signal; or (v) subject to subsection (4), a signal that is unintelligible.

Note: Subject to this subsection, a person may transmit messages on behalf of a third party to an amateur station, including an amateur station in a foreign country. The laws of that country may apply to the person in respect of that transmission.

(3) A person does not contravene the condition in subparagraph (2)(c)(iv) if one or more of the following applies: (a) the signal is transmitted from the amateur station to a space station in an amateur-satellite service, for the purpose of controlling the operation of the space station; (b) the signal is transmitted from an amateur station to an unattended amateur station, for the purpose of controlling the operation of the unattended amateur station; (c) the signal is transmitted from an amateur station to another amateur station, for the purposes of an emergency services operation; (d) the signal is transmitted from an amateur station to another amateur station, for the purposes of a training exercise related to emergency services. (4) A person does not contravene the condition in subparagraph (2)(c)(v) if the signal is transmitted for the purposes of conducting a brief test or making an adjustment to the station. (5) If a person operates an amateur station to retransmit a transmission originating from another amateur station (the second station), the person must: (a) obtain the consent of the person making the transmission from the second station to retransmit the transmission; and (b) transmit the second station’s call sign at the beginning and the end of each transmission; and (c) indicate, as part of the transmission, that it is primarily a retransmission of a transmission of another amateur station. (6) A person must not cause an amateur station to be operated without a person being at the location of the station, unless: (a) the station is: (i) operated using an automatic mode; or (ii) operated using a computer controlled mode; or (iii) an amateur repeater station; or (iv) an amateur beacon station; and (b) the station is fitted with a timer that causes automatic shutdown of the station if a malfunction causes an unintended transmission that lasts longer than 10 minutes; and (c) a transmission from the station can be terminated promptly if the transmission causes interference to another service. (7) A person must not operate an amateur station to transmit a signal to another amateur station through: (a) an amateur repeater station, unless the person is authorised to transmit on the repeater output of the amateur repeater station; or (b) two or more amateur repeater stations (the interim stations) that are capable of transmitting to one or more of the interim stations unless the person is authorised to use the repeater output of each of the interim stations; or (c) a third amateur station that is not an amateur repeater station unless the person is authorised to transmit on the third amateur station’s transmission frequency; or (d) two or more other amateur stations that are not amateur repeater stations (the interim stations), unless the person is authorised to transmit on the transmission frequency of each of the interim stations.