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  #1  
Old 16-07-2007, 05:32 PM
vespine
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>1mW Laser pointers are illegal in victoria

As I just found out from this email:

Quote:
I am informed that you have purchased a green laser pointer from an EBay seller in the last 12 to 18 months.
You may not be aware but such items under Victorian Law are defined as a prohibited weapon with the purchase, sale or possession of the same carrying a maximum penalty of up to 2 years imprisonment or fines exceeding $24,000

Further information on prohibited weapons can be found by clicking the following Victorian Government links.

http://www.dms.dpc.vic.gov.au/Domino/Web_Notes/LDMS/PubLawToday.nsf/a12f6f60fbd56800ca256de500201e54/B737517A29768234CA2573080033E0A4/$FILE/90-24a034.pdf

http://www.dms.dpc.vic.gov.au/Domino/Web_Notes/LDMS/PubLawToday.nsf/b12e276826f7c27fca256de50022686b/D385E4EFE92CFAA6CA256EC300027EEE/$FILE/00-130sr003.pdf

I am aware that you were most likely unaware that this item was illegal when you purchased it and so at this point it has been decided not to immediately commence legal proceedings against you, but extend to you the opportunity to voluntarily surrender this item to police for destruction.

To do this , simply take your laser pointer and a copy of this email to your local police station who will take the laser pointer from you and issue you with a receipt for it.
You should then reply to this email notifying me of the name of the police station and the receipt number. Failure to do so may render you liable to prosecution

I must stress that this email is not a joke and you should not ignore it. Police are already in possession of information and evidence to enable them to commence legal proceedings against you. This offer is extended to you in good faith as a chance to avoid criminal prosecution in the first instance.

Should you have any questions in relation to this matter please feel free to contact me.

Thank you for you attention.

The email is from an officer at the MELBOURNE AIRPORT AVIATION investigation team of the Australian Federal Police.

Note the 12 - 18 months ago, he's not kidding, I don't even have it in my ebay history anymore! Luckily I still have it, and didn't sell it or chuck it out. A bit of a creepy reminder of how much info they have access to if they tracked me down through a ebay purchase over a year ago....Anyway, just thought I'd share this with you in case someone is considering buying one of the hundreds of green laser pointers for under $20 now on ebay... hmm.


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  #2  
Old 16-07-2007, 05:35 PM
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Omaroo (Chris Malikoff)
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Is there any dispensation for astronomical club use in Vic?

The very fact that they bother is amazing.
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  #3  
Old 16-07-2007, 05:41 PM
vespine
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Not unless you have official exemption from the chief commisioner.... How funny would it be an astro get together being raided by the AFP... Not real funny thou, considering the size of the fines that could be handed out...
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  #4  
Old 16-07-2007, 05:53 PM
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ballaratdragons (Ken)
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They are legal in Victoria (no permit required either) for Astronomy use only, and must be held in a Laser pointer bracket attached to a telescope.

That is the only condition an exemption is made.

So, if you wack it in a bracket (Bintel sell them) and attach it to your scope, you are filling the requirements.
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  #5  
Old 16-07-2007, 06:13 PM
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About a year ago, i asked a customs inspector about the legal power limit , and he told me theres nothing in the books to say either way. So unless they changed the customs enry requirements, sounds very iffy..

Theo
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  #6  
Old 16-07-2007, 06:20 PM
Rob_K
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Sorry Vespine, I don't buy it. First, Federal Police do not do their policing via email. Second, they don't say "I stress that this is not a joke".

Someone's pulling your leg!

Cheers
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  #7  
Old 16-07-2007, 06:46 PM
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ballaratdragons (Ken)
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Quote:
Originally Posted by Rob_K View Post
Sorry Vespine, I don't buy it. First, Federal Police do not do their policing via email. Second, they don't say "I stress that this is not a joke".

Someone's pulling your leg!

Cheers
Yeah, I thought it was a bit suss too!

But just to protect yourself anyway in case some neighbour or stranger calls the police, wack it in a bracket and mount it.

It is actually illegal in Victoria to hand hold them, and totally illegal for non-amatuer-astronomers to have them.
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  #8  
Old 16-07-2007, 06:52 PM
Ingo
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Even if they are illegal, 5mW shouldn't be bright enough for anybody but you to see anyways. You'll be developing your night vision and it'll be brighter. All you have to do is use common sense. As long as you don't point them at airplanes or anything stupid, nobody should bother with you.
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  #9  
Old 16-07-2007, 07:46 PM
vespine
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to rob and ken, yes I thought it might be a trick but I'm pretty computer savvy, I work in IT and I have seen a LOT of spoof emails. Let me tell you if this is a trick, it is a very good one, it comes from a apf.gov.au address and has a person named at the bottom so it's not some "phantom" sender, also the person named has both a daytime phone number and a mobile number so it will be very easy to check. Also, since when do they not do anything by email? My ebay account is registered to my email address, hence the easiest way to reach me surely? They aren't as behind the times as you thing.

Either way, I have replied to the email asking about exemption for astro use, I will post as soon as I have a reply.

I actually have been contacted by the APF concerning the import of restricted items in the past so I'm taking any chances...

Cheers
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  #10  
Old 16-07-2007, 10:03 PM
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Sorry if I sounded dismissive Vespine. Seeing that others have received this email, it can't be just a leg-pull.

Not suggesting you ignore the email, but it brings up lots of questions. First is the long retrospectivity of it, on what in essence is a trivial matter in Customs terms (why don't they do this with eyepiece solar filters!! lol). Then there is a Federal/State jurisdictional matter. Then there is the issue of actual legality in Victoria, according to the interpretation offered by Ken. Then there is the issue of continued availability on ebay and in retail shops in Victoria. All seems very strange.... a clamp-down beginning with "ancient" purchases on ebay.

If it's ridgy-didge, I can't imagine that the AFP is accessing ebay personal information (well, it may, but could or would it use it in cases as trivial as this? It ain't terrorism!). Check ebay's Terms of Service maybe. Perhaps it came from the Customs declaration attached to your delivery. So does that have your email? I don't think my own OS deliveries have had my email address. Does the AFP have the resources to track down what is probably tens of thousands of these little blighters all over the country, purchased from all sorts of outlets?

I think you should contact the AFP, but not by reply to the email. Then hopefully things will be cleared up.

Anyway, good luck Vespine, & keep us informed!

Cheers -
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  #11  
Old 16-07-2007, 10:32 PM
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erick (Eric)
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There is an earlier thread that, I think, quotes or references the relevant Victorian law.
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  #12  
Old 16-07-2007, 11:33 PM
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Im a little wobbly on the fact they replied to you. I remember when i ordered 10 Stun guns years ago, well, the package never arrived and i never got an email or phone call. I had to chase it up, when they told me it was confiscated. But if i wanted them i could go to court to retrive them. HMMM, i let it go.
But still, they didnt call me, they just confiscated it.


Theo.

Oh yeah, that will also mean ALL projector pointing devices from Dell Benq etc etc are illegal to sell or use in meetings.. No, something is amiss, plus why is the document so far in a "Notes" directory.. BALONY !.
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  #13  
Old 17-07-2007, 01:10 AM
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ballaratdragons (Ken)
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Quote:
Originally Posted by Rob_K View Post
Does the AFP have the resources to track down what is probably tens of thousands of these little blighters all over the country, purchased from all sorts of outlets?
Nope, that's probably why they said to go hand it in yourself.
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  #14  
Old 17-07-2007, 06:21 AM
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iceman (Mike)
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Very interesting, I look forward to reading the developments as they come to hand.
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  #15  
Old 17-07-2007, 07:38 AM
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From Victorian Govt sites:-

http://www.consumer.vic.gov.au/CA256902000FE154/Lookup/CAV_Publications_Product_Safety/$file/laserpointers.pdf

List of Prohibited Weapons:-

http://www.justice.vic.gov.au/wps/wc...ibited+Weapons
  • Strong laser pointer - any hand-held laser pointer that can emit a laser beam with an accessible emission limit of greater than 1mW
Weapon # 022 "A hand-held battery-operated article commonly known as a "laser pointer" designed or adapted to emit a laser beam with an accessible emission limit of greater than 1mW." (See the attached photo - that is the photo given on the site of this "prohibited weapon".)


No mention of any exemptions. But note, as has been mentioned, this refers to "hand-held" so a laser pointer mounted in a fitting and only operated there would seem to be not in this category.

"A person can apply to the Chief Commissioner of Police for approval to use, possess, carry, sell or display prohibited weapons. Applications for approvals are made through the Licensing Services Division of Victoria Police."
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Last edited by erick; 18-07-2007 at 01:47 PM.
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  #16  
Old 17-07-2007, 10:14 AM
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As someone who occasionally deals with the AFP in a professional capacity I'm very suspicious about the authenticity of this email. First, the AFP does not have the jurisdiction, resources or even the interest to enforce Victorian criminal law, their jurisdiction is Federal criminal law. Why would they be sending out emails dealing with a possible violation of Victorian weapons laws let alone taking it on themselves to see to the destruction of the items?

Second, the AFP never sends official correspondence by email, let alone a formal warning before prosecution, its always on properly letterheaded mail. If they have information sufficient to prosecute you then they would already know your name and real address.

Third, the framing of the letter, the choice of language, just doesn't ring true to me. I've seen real letters from the AFP and this is too casual in its use of language and is missing the usual AFP-jargon and terms (eg they never refer to themselves simply as "Police").

I wouldn't reply to this email or ring the number supplied, instead I would ring the switchboard at the AFP office in Melbourne (9607 7777) and ask for the officer named in the email. If it is a fake they may be interested to know someone is impersonating an AFP officer - which IS an offence within their jurisdiction.

regards
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  #17  
Old 17-07-2007, 10:53 AM
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Well, this is a bit off topic, but still....

Quote:
Originally Posted by erick View Post
From Victorian Govt sites:-

List of Prohibited Weapons:-

http://www.justice.vic.gov.au/wps/wc...ibited+Weapons
It is interesting that ceramic knives are also on the list ( This is probably because they can not be detected by metal detectors at airports etc)...
They (kitchen knives) are very popular in Japan because they do not blunt with use.....
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  #18  
Old 17-07-2007, 11:25 AM
vespine
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Well, i did reply to the email, an the response I got was here:
Quote:
The Act only allows for possession with a exemption permit issued by the Victorian Government
Unless you have one of those you are committing an offence no matter how the item is mounted.
this is the link to the form you need
I will make that phone call to check, just for my curiosity. The only thing to note, is that yes it sounds suss, but this seems to be form a particular branch of the APF - JOINT AIRPORT INVESTIGATION TEAM - MELBOURNE AIRPORT AVIATION, maybe they do things a bit differently, maybe they are more involved with local law enforcement since the airport does not fall within local police jurisdiction. Anyway, I haven't used the pointer for about 6 months, so I'm gonna hand it it.
-Andee.
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  #19  
Old 17-07-2007, 11:33 AM
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"It is only lawful to use, possess, carry, manufacture, import or sell a prohibited weapon if a person has the appropriate approval from the Chief Commissioner of Police"

I wonder if the Astro shops have "appropriate approval" to sell them?
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  #20  
Old 17-07-2007, 11:38 AM
Rob_K
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Don't go there Ekka!

I agree with Stephen - the >1mw pointers may be illegal without an exemption in Vic, but there's some sort of scam going on here.......

Cheers -
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