History of wireless telegraphy and broadcasting in Australia/Topical/Legislation/C1905A00008

Summary: Wireless Telegraphy Act 1905 - FRLI: C1905A00008, Act No. 8 of 1905, assented to 18 October 1905

Wireless Telegraphy Act 1905
The commencement of the Wireless Telegraphy Act 1905 reflected the transition of regulation of wireless from the Department of Navy to the Postmaster-General's Department and enabled a new era of amateur activity which had effectively been quashed since early in the first World War.

Federation
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On 1 January 1901, when the Australian colonies and the province of South Australia joined together to form a new nation, the Constitution of the Commonwealth of Australia gave federal governments power to make laws with respect to specifically defined areas (section 51). In particular, paragraph 51(v) explicitly identified "postal, telegraphic, telephonic, and other like services". While there was no stated specific power in respect of the press, it was considered that such power fell within the scope of paragraph 51(i) "trade and commerce with other countries and among the states", among others.

Post and Telegraph Act 1901
Sourced from the main page of this Wikibook: Post and Telegraph Act 1901

The generic powers under section 51(v) were enunciated in detail in the Post and Telegraph Act 1901, but the act only received royal assent 16 November 1901 and commenced 1 December 1901. The act delegated those powers to the newly established Postmaster-General's Department ("PMG"). This Act included two key definitions: (1) "Telegraphic" includes telephonic and (2) "Telegraph" or "telegraph line" means a wire or cable used for telegraphic or telephonic communication including any casing coating tube tunnel or pipe enclosing the same and any posts masts or piers supporting the same and any apparatus connected therewith or any apparatus for transmitting messages or other communications by means of electricity.

The Act was silent in respect of the relatively new science of wireless telegraphy, which had not yet assumed commercial proportions but likely fell within the scope of "telegraphic". As wireless telegraphy began to display not only commercial but also defence promise, any possible uncertainty of interpretation was removed by a specific act the Wireless Telegraph Act 1905, which placed these powers under PMG. The possible uncertainty had in no way limited the PMG's interest and participation in the new technology before 1905.

Fessenden's tentative initial experiments with wireless telephony would only commence in the following year, but it too clearly fell within scope of the both the Post and Telegraph Act 1901 and the Wireless Telegraphy Act 1905. Nevertheless, once wireless telephony began to shine bright on the commercial and defence horizons, this technology too was deemed to warrant explicit provision and some 14 years later, the Wireless Telegraphy Act 1919 simply amended the definition of wireless telegraphy to include wireless telephony.

Wireless Telegraphy Act 1905
Sourced from the main page of this Wikibook: Wireless Telegraphy Act 1905

The United Kingdom enacted it Wireless Telegraphy Act in 1904 and it was considered within Australia that a similar approach should be taken.

While it appeared clear that the Constitution of the Commonwealth of Australia placed responsibility for wireless telegraphy with the Commonwealth rather than the individual States and Territories, to remove any possible doubt, the Wireless Telegraphy Act of 1905 made this explicit. The Wireless Telegraphy Act, No. 8 of 1905 may be cited as the Wireless Telegraphy Act 1905 and was assented to 18 October 1905. The initial Act was brief and to the point, being only a single page and even after almost 80 years of amendments, remained equally concise when finally repealed in 1983. The Act :
 * Defined Australia (in the context of the Act) to include the territorial waters of the Commonwealth and any territory of the Commonwealth
 * Defined "Wireless telegraphy" to include all systems of transmitting and receiving telegraphic messages by means of electricity without a continuous metallic connexion between the transmitter and the receiver
 * Was defined not to apply to ships belonging to the King's Navy
 * Gave the Postmaster-General the exclusive privilege of establishing, erecting, maintaining, and using stations and appliances for the purpose of
 * transmitting messages by wireless telegraphy within Australia, and receiving messages so transmitted
 * transmitting messages by wireless telegraphy from Australia to any place or ship outside Australia
 * receiving in Australia messages transmitted by wireless telegraphy from any place or ship outside Australia
 * Provided penalty for breach of Act
 * Provided for forfeiture of appliances unlawfully erected
 * Search warrants for appliances unlawfully erected
 * Gave the Postmaster-General the right to institute proceeding
 * Gave the Governor-General the right to make regulations, prescribing all matters for carrying out or giving effect to this Act

A "Bill for an Act relating to Wireless Telegraphy" was first read in the House of Representatives on 18 August 1905.

Resources
A comprehensive summary of matters pertaining to the Wireless Telegraphy Act 1905 has not yet been prepared, however the following resources have been assembled in preparation:


 * Research - Wireless Telegraphy Act 1905 - Summary of research to date


 * FRLI - Wireless Telegraphy Act 1905 - Transcription of the instrument from the Federal Register of Legislative Instruments


 * Transcriptions and Notes - Wireless Telegraphy Act 1905 - More than 10 transcriptions and notes, primarily from the NLA's Trove & Hansard


 * Photos and other graphics - Wireless Telegraphy Act 1905 - Nothing uploaded as yet, no material identified as yet


 * Incubator of Wikipedia Article on Wireless Telegraphy Act 1905 - Coming real soon now!

Internet Material
No significant articles specifically about the Wireless Telegraphy Act 1905 and in the public domain have yet been identified