Pretzil
On the point of " wondering, the guy who was rescued using the old 121.5 epirb, was he fined for not having the new one???" - I emailed ACMA regarding this point to clear up the situation and here is the answer: -
Dear Mike
Thank you for your emailed enquiry concerning the possession of a 121.5 MHz EPIRB.
From 1 February 2009 only distress alerts from EPIRBs transmitting on 406 MHz will be heard by the satellites. The effect of this is that 121.5 MHz EPIRBs have only a very limited ability to attract attention in a distress situation. Signals from 121.5 MHz EPIRBs will now only be heard by aircraft IF the aircraft is monitoring the 121.5 MHz frequency AND it is flying in the vicinity of the EPIRB. Signals from EPIRBs will not be picked up by nearby vessels.
In brief, while it is presently legal to operate a 121.5 MHz EPIRB for the purpose of transmitting a 'homing signal', it is important to note that this provision only applies until 31 January 2010. From 1 February 2010 these transmissions from 121.5 MHz EPIRBs will not be authorised.
The above provisions relating to the operation of 121.5 MHz EPIRBs are reflected in subsection 5(3) of the Radiocommunications (Emergency Locating Devices) Class Licence 2006.
I hope this clears up up any question of legality regarding this blokes use of the EPIRB, which in this case, saved his life which it did.
Regards
Mike