5.8GHz A/V transmission equipment (Jaycar AR1840) Removed from Shelves...

[Allan]

Hi Everyone,
Jaycar removed the AR1840 5.8GHz A/V Sender/ receiver from their Shelves a
few weeks ago, It turned out that the Band is limited for Digital Signals
only,
So now they are saying its ok to Sell them , but to advise the Customer that
they do not comply with the ACME class license requirements for this band.
The regulations specify digital transmissions only on this band. The AR1840
A/V sender does not therefore carry c-tick compliance.


They Say it's not currently illegal to offer the AR1840 for sale providing
a point of sale tag is displayed to help make people aware of this.

Would that be correct?
That there is no control on what anyone sells, providing the customer is
informed?
I suppose the difference is only the type of signal, i.e. Digital vs.
Analogue so may be that's only a small thing, as compared to a unit being
of too high power output or poor quality transmitter.

Thanks
Allan

 

[Alan Rutlidge]

Hi Everyone,
Jaycar removed the AR1840 5.8GHz A/V Sender/ receiver from their Shelves a
few weeks ago, It turned out that the Band is limited for Digital Signals
only,
So now they are saying its ok to Sell them , but to advise the Customer
that they do not comply with the ACME class license requirements for this
band.
The regulations specify digital transmissions only on this band. The
AR1840 A/V sender does not therefore carry c-tick compliance.


They Say it's not currently illegal to offer the AR1840 for sale
providing a point of sale tag is displayed to help make people aware of
this.

Would that be correct?
That there is no control on what anyone sells, providing the customer is
informed?
I suppose the difference is only the type of signal, i.e. Digital vs.
Analogue so may be that's only a small thing, as compared to a unit being
of too high power output or poor quality transmitter.

Thanks
Allan

Interesting question(s).
If the device wasn't ACMA compliant it theoretically would be illegal to
operate it.

At one stage Customs were seizing non compliant radio devices (i.e. cordless
phones etc) simply because of the non compliant use of the RF spectrum in
Australia for causing potential interference problems (amongst other
reasons).

The law is an ass in many cases. Example in some states it isn't illegal to
sell pornography but it is to possess it, (i.e.. view it). Go figure that
one out? May very well explain the presence of the A/V sender on the Jaycar
shelves.

IMHO I would be steering well clear of non compliant RF gear. It's use may
very well cause interference to other services.
Put yourself in the shoes of the other party / parties who may be affected
by interference generated by a non compliant device. The ACMA don't do free
investigations anymore unless the problem is widespread. However if the use
of a non compliant product is traced back to your premises, you may be
liable for a hefty fine and confiscation of the offending device.

I'm surprised, but then again not, that Jaycar are offering yet more "junk"
electronics for sale here in Australia. As if they don't already clutter
the shelves with useless cheap crap in any case. :-( Overpriced, Asian
imported crap they can't even sell in their own countries.

Cheers,
Alan

 

[Mr.T]

The law is an ass in many cases. Example in some states it isn't illegal to
sell pornography but it is to possess it,

Just how is it possible to sell something without posessing it at some
stage?

I know in some states it is legal to possess but illegal to sell, but that
is quite a different thing.

MrT.

 

[Phil Allison]

"Allan"

Jaycar removed the AR1840 5.8GHz A/V Sender/ receiver from their Shelves a
few weeks ago, It turned out that the Band is limited for Digital Signals
only,

So now they are saying its ok to Sell them , but to advise the Customer
that they do not comply with the ACME class license requirements for this
band.
The regulations specify digital transmissions only on this band. The
AR1840 A/V sender does not therefore carry c-tick compliance.


They Say it's not currently illegal to offer the AR1840 for sale
providing a point of sale tag is displayed to help make people aware of
this.

Would that be correct?

** Not very likely.

The penalty on a company supplying a "non-standard device" is a fine of up
to $1.5M.

http://www.austlii.edu.au/au/legis/cth/consol_act/ra1992218/s160.html

That there is no control on what anyone sells, providing the customer is
informed?

** See above - $1.5M is a big fine.

The fine for possessing such a device with intension to operate it is the
same:

http://www.austlii.edu.au/au/legis/cth/consol_act/ra1992218/s158.html


A "non standard device" is one that dos not comply with the relevant ACMA
standard:

http://www.austlii.edu.au/au/legis/cth/consol_act/ra1992218/s9.html



....... Phil

 

[Alan Rutlidge]

Just how is it possible to sell something without posessing it at some
stage?

I know in some states it is legal to possess but illegal to sell, but that
is quite a different thing.

MrT.

Point taken Mr. T
Perhaps what I should have said is that in some states you can buy that sort
of material, but take it over the border into another state with different
legislation and it suddenly becomes illegal.
I fail to see why we don't have a unified legal code across Australia. Road
rules are a good example of the inconsistency from state to state.

As far as the A/V sender issue is concerned the matter is mute. A quick
check of the Jaycar website makes no mention of the said product.

Cheers,
Alan

 

[Mr.T]

I fail to see why we don't have a unified legal code across Australia. Road
rules are a good example of the inconsistency from state to state.

Ah, everyone wants some power and its execution it would seem. We not only
have federal and state governments making different laws to control you
life, municipal councils do it as well. With hundreds of different local
councils, the war between Commonwealth and states pales by comparison.

As far as the A/V sender issue is concerned the matter is mute.

Thanks, I do get a chuckle from the misuse of sayings such as this

MrT.

 

[Phil Allison]

"Phil Allison"


" The penalty on a company supplying a "non-standard device" is a fine
of up to $1.5M.

http://www.austlii.edu.au/au/legis/cth/consol_act/ra1992218/s160.html "



** Given that a "penalty unit" is a bit s over $100

- the max fine is a mere $ 150,000.


Nothing to get too worried about .......




........ Phil

 

[Allan]

"Allan"


** Not very likely.

The penalty on a company supplying a "non-standard device" is a fine of
up to $1.5M.

http://www.austlii.edu.au/au/legis/cth/consol_act/ra1992218/s160.html





** See above - $1.5M is a big fine.

The fine for possessing such a device with intension to operate it is the
same:

http://www.austlii.edu.au/au/legis/cth/consol_act/ra1992218/s158.html


A "non standard device" is one that dos not comply with the relevant ACMA
standard:

http://www.austlii.edu.au/au/legis/cth/consol_act/ra1992218/s9.html



...... Phil

Thanks Phil.
Iam not going to risk it.
Cheers
Allan

 

[eeviil inc.]

Hi Everyone,
Jaycar removed the AR1840 5.8GHz A/V Sender/ receiver from their Shelves a
few weeks ago, It turned out that the Band is limited for Digital Signals
only,
So now they are saying its ok to Sell them , but to advise the Customer that
they do not comply with the ACME class license requirements for this band.
The regulations specify digital transmissions only on this band. The AR1840
A/V sender does not therefore carry c-tick compliance.


They Say it's not currently illegal to offer the AR1840 for sale providing
a point of sale tag is displayed to help make people aware of this.

Would that be correct?
That there is no control on what anyone sells, providing the customer is
informed?
I suppose the difference is only the type of signal, i.e. Digital vs.
Analogue so may be that's only a small thing, as compared to a unit being
of too high power output or poor quality transmitter.

Thanks
Allan

I can weigh into this one a bit, I spoke to Jaycar Techstore regarding
these yesterday, and yes they were recalled, but apparently they were
incorrect in recalling them and that they in fact were operating in the
correct band, and are 100% legal. That's what they told me anyway.

Cheers
Adam

 

[Phil Allison]

"eeviil inc."

I can weigh into this one a bit, I spoke to Jaycar Techstore regarding
these yesterday, and yes they were recalled, but apparently they were
incorrect in recalling them and that they in fact were operating in the
correct band, and are 100% legal. That's what they told me anyway.

** LOL !!

Well, they would say that, wouldn't they ??



....... Phil

 

[Phil Allison]

"Phil Allison"

"eeviil inc."


** LOL !!

Well, they would say that, wouldn't they ??

** Here is the Class License doc that covers the case in question:


http://www.comlaw.gov.au/ComLaw/Leg...71B80018AF7A/$file/RadcomLIPDClassLic2000.pdf

No 19 covers the usual AV senders on 2.4 GHz to 10mW output - since it
is for " all transmitters ".

5.8 GHz is reserved to RC, telemetry and RF ID equipment.



......... Phil