History of wireless telegraphy and broadcasting in Australia/Topical/Legislation/C1911L00105

STATUTORY RULES.

1911. No. 105.

PROVISIONAL REGULATIONS UNDER THE WIRELESS TELEGRAPHY ACT 1905.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, do hereby certify that, on account of urgency, the following regulations under the Wireless Telegraphy Act 1905 should come into immediate operation, and make the regulations to come into operation forthwith as Provisional Regulations.

Dated the 6th day of July, One thousand nine hundred and eleven.

DUDLEY,

Governor-General.

By His Excellency’s Command,

JOSIAH THOMAS,

Postmaster-General.

———

Short Title.
1. These regulations may be cited as the Wireless Telegraphy Regulations 1911.

Definitions.
2. In these regulations, unless the contrary intention appears—

“Australian ship” means a ship registered in Australia;

“British ship” means a British ship other than an Australian ship;

“Foreign ship” means a ship other than an Australian ship or a British ship;

“Harbor” includes any harbor properly so called, whether natural or artificial, or any estuary, navigable river, pier, jetty, or other work in or at which a ship can obtain shelter, or ship or unship goods or passengers;

“Land Station” means a station, not being a ship station, for the transmission and receipt of messages by means of wireless telegraphy, and includes an experimental station;

“Ship Station” means a ship (not permanently moored) having installed thereon appliances for the transmission and receipt of messages by means of wireless telegraphy;

“Territorial Waters” means the territorial waters of the Commonwealth and those of any territory of the Commonwealth, and includes harbors;

“The Act” means the Wireless Telegraphy Act 1905.

Kinds of Licences.
3. Licences under section 5 of the Act may be—

(a) General Licences; or

(b) Experimental Licences.

General Licences.
4. (1) A General Licence shall be granted only in respect of ship stations on Australian ships.

(2) Any number of ships belonging to the same company or person may be included in a General Licence.

(3) A General Licence may be in accordance with the form in the Schedule, and shall include the terms and conditions set out in that form.

(4) A General Licence shall be for a period of one year from the date thereof, but may be renewed from time to time.

Experimental Licences.
5. (1) An Experimental Licence may be granted in respect of land stations only.

(2) An Experimental Licence shall be in such form and, subject to these regulations, shall contain such terms and conditions as the Postmaster-General thinks fit to include therein.

(3) An Experimental Licence shall remain in force until revoked, or until surrendered by the licensee, but shall be revocable at will by the Postmaster-General.

(4) The wireless telegraphy appliances included in an Experimental Licence shall be used only for experimental purposes, and so as not to interfere with the working of any land station or ship station, and the licensee shall in working the appliances obey all directions issued by the Postmaster-General.

(5) Two land stations may be included in any one Experimental Licence.

Supplementary Licence.
6. (1) The Postmaster-General may grant to the holder of a General Licence a Supplementary Licence in respect of any ship belonging to him and not included in the General Licence.

(2) A Supplementary Licence shall be in such form as the Postmaster-General thinks fit, and shall be deemed to be incorporated with the General Licence, and the General Licence shall apply to each ship included in the Supplementary Licence to the same extent as if the ship had been included in the General Licence.

Fees for Licences.
7. The fees for licences shall be as follows—

For a General Licence for ship stations or for any renewal thereof—Five shillings for each ship included in the licence.

For a Supplementary Licence for ship stations or for any renewal thereof—Five shillings for each ship included in the licence.

For an Experimental Station—One pound one shilling for each licence for the first year, and seven shillings and sixpence for each succeeding year.

Application for a General Licence.
8. (1) An application for a General Licence must be in writing, and must set out the following particulars—

(a) the names of the different ships to be included therein;

(b) the ports in Australia at which the ships are registered; and.

(c) the system of wireless telegraphy to be used on the ships.

(2) Before granting the licence the Postmaster-General may require the applicant to furnish such additional particulars as he thinks necessary.

Condition as to Syntony, etc.
9. Before any General Licence is granted, the applicant must satisfy the Postmaster-General that the wireless telegraphy apparatus or appliances to be worked in pursuance of the licence complies with the regulations for the time being in force governing syntony and wave length.

Licences to be in Duplicate.
10. (1) Every licence shall be made out in duplicate, and one part shall be issued to the Licensee and the other retained in the Department of the Postmaster-General.

(2) Before the licence is issued to the applicant he shall execute the part of the licence to be retained in the Department.

Renewal of a Licence.
11. (1) A General Licence or Supplementary Licence may be renewed by writing thereon a memorandum stating the period for which it is renewed.

(2) The memorandum of renewal must be signed by the Postmaster-General or by some officer authorized by him.

(3) The renewal may be made at any time within one month before or one month after the expiry of the licence.

(4) The memorandum is to be written on both parts of the licence.

Revocation of Licence.
12. The Postmaster-General may, by notice in writing, revoke and determine any licence, as to all or any of the ship stations included therein on the ground of the licensee having failed to comply with any regulation for the time being in force under the Wireless Telegraphy Act 1905, or on any other ground specified in the licence.

Powers of Inspection.
13. The Postmaster-General or any Deputy Postmaster-General or any person thereto authorized in writing by the Postmaster-General or by a Deputy Postmaster-General may at all reasonable times enter upon any ship station or land station on which wireless telegraphy appliances are installed, or are in course of being installed, in pursuance of a licence, and may inspect such appliances and the working and user thereof.

Communications between Ship and Land Stations.
14. When communications are made by means of wireless telegraphy between a ship (whether British, Foreign, or Australian) in territorial waters and a wireless telegraph station on land, the rules in force for the working of wireless telegraphy at that station shall be observed.

Application of the Radio-Telegraphic Convention and Regulations.
15. The provisions of the Radio-Telegraphic Convention and the Service Regulations for the time being in force thereunder, so far as such Convention and Regulations are applicable, shall apply to all wireless telegraphy installations available for the transmission or receipt of private messages, whether installed by the Commonwealth or under Licence, and whether at ship stations or land stations, and every Licensee shall comply therewith.

Appliances to be Worked so as to Avoid Interference with other Appliances.
16. (1) The wireless telegraphy appliances on board any ship (whether an Australian ship, a British ship, or a foreign ship) in territorial waters shall be worked in such a way as not to interrupt or interfere with—

(a) Naval or Military signalling; or

(b) the transmission of messages between other wireless telegraph stations.

(2) In this regulation Naval or Military signalling includes signalling or communicating, by means of any system of wireless telegraphy, by the King’s Imperial or Colonial Naval or Military Forces.

Appliances not to be Worked while Ship in Harbor.
17. Except by permission of the Postmaster-General, the wireless telegraphy appliances on board any Australian ship, British ship, or foreign ship (other than a ship of war) shall not be worked or used whilst the ship is in any harbor in Australia or any territory of the Commonwealth.

Application of Defence Regulations to Foreign Ships of War in Harbors.
18. The use of wireless telegraphy appliances, on board any foreign ship of war while in any harbor in Australia or any territory of the Commonwealth shall be subject to such rules (whether prohibitive or regulative; as the Governor-General may think fit to make.

Powers of Governor-General in Emergencies.
19. If at any time, in the opinion of the Governor-General, an emergency has arisen in which it is expedient that the Commonwealth Government should have control over the transmission of all messages by wireless telegraphy, he may by notice in the Gazette prohibit for such period as he thinks necessary the use of wireless telegraphy on board foreign ships in territorial waters.

Control of Appliances in Emergencies.
20. (1) In case of emergency, any officer in command of any ship of war of His Majesty’s Navy (whether Imperial or Colonial), or any officer in command of any part of the Defence Force, may—

(a) take possession of any wireless telegraphy appliances installed on any ship in pursuance of a licence, or installed in pursuance of any experimental licence, and use such appliances for the King’s service; or

(b) place any person in control of any such appliances; or

(c) direct the licensee or person in charge of such appliances to submit to him all or any messages tendered for transmission or received by means of such appliances; or

(d) stop or delay or direct the licensee or person in charge of such appliances to stop or delay the transmission or delivery of any such messages or to deliver them to him; or

(e) direct the licensee or person in charge of such appliances to comply with all such directions as he thinks fit to give with reference to the transmission or receipt of messages by means of such appliances.

(2) Every licensee and every person in charge of any wireless telegraphy appliances installed in pursuance of a licence or experimental licence shall comply with this regulation, and all directions issued in pursuance thereof.

(3) Reasonable compensation shall be payable to the licensee for any damage to the appliances arising in consequence of the exercise of the powers conferred by this regulation.

Use of Wireless Telegraphy for Naval or Military Purposes.
21. These regulations shall not prevent the use, without licence, by the naval or military authorities of wireless telegraphy for naval or military purposes: Provided that in time of peace each wireless telegraphy installation (other than a mere temporary installation) to be used shall be authorized in writing by the Minister of Defence and notice in writing of the installation shall be sent to the Postmaster-General.

THE SCHEDULE.
Commonwealth of Australia.

The Postmaster-General.

to

Licence to establish Wireless Telegraph Ship Stations.

To all to whom these presents shall come:

I the Honorable

the Postmaster-General of the Commonwealth of Australia send greeting:

Whereas                                              of

in the State of

(hereinafter called “the Licensee”) is desirous of establishing erecting maintaining and using on ships belonging to the Licensee appliances for the purpose of transmitting and receiving messages by means of wireless telegraphy:

And whereas by reason of the provisions of the Telegraph Acts 1863 to 1907 of the United Kingdom and the Wireless Telegraphy Order 1908 of the United Kingdom it is unlawful to establish any wireless telegraph station or install or work any apparatus for wireless telegraphy in any place or on board any British ship (whether in the territorial waters of the British Islands or on the high seas) except under and in accordance with a licence granted in that behalf by the Postmaster-General of that Kingdom:

Provided that a person on board a British ship which is registered in any British Possession (other than the Channel Islands and the Isle of Man) or in any British Protectorate, shall not be deemed to commit an offence against the Wireless Telegraphy Act 1904 of the United Kingdom by reason of the installation and working of wireless telegraphy on such ship if the authority in such Possession or Protectorate having power by law so to do shall have granted a licence for the installation and working of apparatus for wireless telegraphy on that ship and if such person is acting in accordance with the provisions of such licence:

And whereas the ships in respect of which this licence is granted are registered in the Commonwealth;

And whereas by the Wireless Telegraphy Act 1905 of the Commonwealth of Australia it is enacted that licences to establish erect maintain and use stations and appliances for the purpose of transmitting or receiving messages by means of wireless telegraphy may be granted by the Postmaster-General for such terms and on such conditions and on payment of such fees as are prescribed:

And whereas the Licensee has made application for this licence and has paid the prescribed fees payable in respect thereof:

Now I,                                                                                                                                 the Postmaster-General aforesaid in pursuance of the Wireless Telegraphy Act 1905 and in exercise of all powers and authorities enabling me in this behalf do hereby grant to the Licensee during the term or period commencing on the                day of                          19        and terminating on the day of                                                    19        licence and permission—

(i) To establish erect and instal and maintain work and use for the purposes hereinafter mentioned at the ship stations specified in the Schedule hereto and at such other ship stations as may be specified in any Supplementary Licence given from time to time under the hand of the Postmaster-General appliances or apparatus for wireless telegraphy of the kind used in the system known as the system of wireless telegraphy (which apparatus is hereinafter referred to as “the licensed apparatus”).

Provided that—

(a) The apparatus installed at each ship station shall be of the character specified in the said schedule opposite to the name of such station or in any such Supplementary Licence as aforesaid;

(b) The apparatus used at all of the said ship stations shall be syntonised;

(c) The licensed apparatus shall be so constructed as to be capable of using wave lengths of 300 metres in length as measured by the standard of measurement in use by the Post Office in the United Kingdom for the time being and may have such other wave lengths not exceeding 600 metres in length as shall be authorized in writing from time to time by the Postmaster-General;

(d) The speed of transmission and reception of messages shall not in normal circumstances be less than 12 words a minute five letters being counted as one word.

(ii) To transmit and receive messages by means of the licensed apparatus between the said ship stations and between the said ship stations and coast stations and other ship stations Provided that the transmission and receipt of messages from and at the said ship stations when in any harbor in the British Islands shall be subject to such conditions and restrictions as the Postmaster General of the United Kingdom may prescribe from time to time and when in any harbor in the Commonwealth or any Territory under the control of the Commonwealth shall be subject to the regulations under the Wireless Telegraphy Act 1905; and

(iii) To receive money or other valuable consideration for or in respect of the use of the licensed apparatus or for or in respect of the transmission or receipt of messages by means of the said apparatus.

And I do hereby declare that the said licence and permission is granted on and subject to the following conditions and provisions:

Interpretation clause.

1. In these presents (and in the Schedule hereto) the following words and expressions shall have the several meanings hereinafter assigned to them unless there be something either in the subject or context repugnant to such construction (that is to say):—

The expression “wireless telegraphy” has the same meaning as in the Wireless Telegraphy Act 1904 of the United Kingdom.

The term “telegraph” has the same meaning as in the Telegraph Act 1869 of the United Kingdom.

The expression “Naval signalling” means signalling by means of any system of wireless telegraphy between two or more ships of His Majesty’s Navy between ships of His Majesty’s Navy and Naval Stations or between a ship of His Majesty’s Navy or a Naval Station, and any other wireless telegraph station whether a coast station or a ship station.

The expression “His Majesty’s Navy” includes ships being part of the Naval Forces of any part of His Majesty’s Dominions.

The expression “the Admiralty” means the Commissioners for executing the office of Lord High Admiral of the United Kingdom of Great Britain and Ireland.

The expressions “the International Telegraph Convention” and “the International Telegraph Regulations” mean respectively the International Convention of St. Petersburg dated the 10th/22nd July 1875 and the Service Regulations made thereunder and include respectively any modifications of the Convention or Regulations made from time to time.

The expression “the Radiotelegraphic Convention 1906” means the Convention signed at Berlin on the 3rd day of November 1906 and the Service Regulations made thereunder and includes any modification of the Convention or Regulations made from time to time.

The expression “coast station” means a wireless telegraph station which is established on land or on board a ship permanently moored, and which is open for the service of correspondence between the land and ships at sea.

The term “ship station” means a wireless telegraph station established on board a ship which is not permanently moored.

Apparatus shall be deemed to be “syntonised” when the transmitting apparatus is so adjusted as to communicate with a receiver which has a corresponding adjustment, and to produce as little effect as possible on a receiver not having a corresponding adjustment. The aerial antenna must be continuous and without a break when in the transmitting condition. If two waves are emitted, neither may differ from the normal wave of the station by more than 3 per cent. provided that in the case of stations using 5 kilowatts or over this variation shall not exceed 2 per cent.

Restrictions on use of apparatus

2. The licensed apparatus shall not be used by the Licensee or by any other person either on behalf or by permission of the Licensee for the transmission or receipt of messages except messages authorized by this Licence.

Protection of naval signalling.

3. (1) The Licensee shall not by the transmission of any message by means of the licensed apparatus or otherwise by the use of the licensed apparatus interfere with naval signalling.

(2) Stations using wave-lengths longer than those set apart for Naval purposes shall not emit any subsidiary waves or harmonics likely to interfere with signalling on the commercial wave-lengths or Naval wave-lengths in the vicinity.

(3) If the Admiralty or the Minister for Defence are of opinion that the working of the licensed apparatus at any ship station specified in the Schedule hereto is inconsistent with the free use of naval signalling the Licensee shall when required in writing by the Postmaster General so to do close the said station.

(4) These provisions for the protection of Naval signalling shall be construed to be without prejudice to the generality of any other provisions of this Licence.

Licensee to observe International Telegraph Convention and Regulations.

4. For the purpose of this Licence the Licensee shall observe the International Telegraph Convention and the International Telegraph Regulations so far as the said Convention and Regulations are capable of being applied to wireless telegraphy in common with ordinary land and submarine telegraphy but the provisions of the said Regulations in relation to semaphore telegraphy shall not be held to apply to wireless telegraphy.

Licensee to observe Regulations as to Wireless Telegraphy.

5. The Licensee shall observe the provisions of any Regulations from time to time made under the Wireless Telegraphy Act 1905 so far as the same are applicable to the Licensee.

Radio-telegraphic Convention to be observed.

6. The Licensee shall observe the provisions of the Radiotelegraphic Convention 1906.

As to interference

7. The Licensee shall comply with all such directions and observe all such rules as may be given or made by the Postmaster-General from time to time for the purpose of preventing interference with the working of any other wireless telegraph station and for enabling the messages exchanged by means of the licensed apparatus to be distinguished from those emanating from any other wireless telegraph station.

Alteration of apparatus.

8. The licensed apparatus shall not without the consent of the Postmaster-General be altered or modified in respect of any of the particulars mentioned in the Schedule hereto or in any such Supplementary Licence as aforesaid.

Indemnity of Postmaster-General.

9. The Licensee shall at all times indemnify the Postmaster-General against all actions claims and demands which may be brought or made by any corporation company or person in respect of any injury arising from any act licensed or permitted by these presents.

Messages to be transmitted without favour or preference.

10. (1) Subject to the provisions of this Licence the Licensee shall transmit messages by means of the licensed apparatus on equal terms without favour or preference whether as regards rates of charge order of transmission or otherwise.

(2) In respect of messages transmitted on behalf of His Majesty’s Government or the Government of the Commonwealth the Licensee shall charge rates not in excess of half of the rates charged to the ordinary public.

Licensee to receive signals of distress.

11. The Licensee shall so far as possible receive from ships and light stations all requests for assistance and all signals of distress and shall answer such requests and signals and re-transmit them with the least possible delay to the proper authorities by means of the licensed apparatus or any other means in the power of the Licensee.

As to persons employed to work stations.

12. The licensed apparatus at the said ship stations shall be worked only by a person or persons holding a certificate or certificates of competency issued by the Postmaster-General or by the Postmaster-General of the United Kingdom. Certificates of competency shall be granted only to persons who satisfy the Postmaster-General that they possess the requisite technical proficiency as regards operating and knowledge of the regulations governing signalling, and shall be in such form and subject to such conditions as the Postmaster-General shall from time to time prescribe.

Provisions as to secrecy.

13. The Licensee shall not divulge to any person (other than properly authorized officials of His Majesty’s Government or the Government of the Commonwealth or a competent legal tribunal) or make any use whatever of any message coming to the knowledge of the Licensee and transmitted by Naval signalling or by any system of wireless telegraphy provided or maintained by or for the purposes of the Postmaster-General or any Department of His Majesty’s Government or the Government of the Commonwealth or by any Licensee of the Postmaster-General (other than the Licensee).

Registers of messages to be kept.

14. The Licensee shall keep full accounts records and registers of all messages transmitted by means of the licensed apparatus and in such registers each or such messages shall be accompanied by its identifying number and date and full particulars of its place of origin and of ultimate destination and such further particulars as the Postmaster-General shall from time to time reasonably require to be shown messages on His Majesty’s service being in such registers distinguished from other messages. The Licensee shall preserve all used message forms written and printed and transcripts of messages and all other papers for such period as is from time to time prescribed by the Radiotelegraphic Convention 1906 and in default of any provisions on the subject in the said Convention for such period as is from time to time prescribed by the International Telegraph Regulations and such registers and message papers shall be open to the inspection of the Postmaster-General or his officers thereto authorized at the Head Office of the Licensee in

between the hours

of 10 a.m. and 5 p.m. on every day except Sunday or a statute or general holiday.

Power to Postmaster-General to inspect apparatus.

15. The Postmaster-General and any agent authorized in that behalf in writing by him may at all reasonable times enter upon all or any of the ship stations hereby licensed for the purpose of inspecting and may inspect any apparatus fixed or being in such stations respectively for the purpose of sending and receiving messages by wireless telegraphy and all other telegraphic instruments and apparatus fixed or being in such stations respectively and the working and user of such apparatus and telegraphic instruments respectively.

Licence and other documents to be carried by ships.

16. The Licensees shall carry on every ship at which a ship station is established under this Licence a print or copy of the Licence certified under the hand of an appropriate officer of the Postmaster-General to be a true copy and also such documents as may be prescribed by the Postmaster-General for the purpose of enabling the Licensee to communicate with coast stations in accordance with the Radio telegraphic Convention 1906.

Fees.

17. (1) The Licensee shall pay to the Postmaster-General for and in respect of the Licence hereby granted a fee of Five shillings per annum in respect of each ship station at which the licensed apparatus is installed.

(2) The fees payable under this Licence shall be payable before the issue of the Licence and the fees payable upon the renewal of the Licence shall be payable before such renewal.

Licence not to be assigned.

18. Except with the consent in writing of the Postmaster-General the Licensee shall not assign underlet or otherwise dispose of or admit any other person or body to participate in the benefit of the licences powers or authorities hereby granted or any of such licences powers or authorities.

Power to take possession of or control apparatus upon emergency.

19. (1) If and whenever an emergency shall have arisen in which it is expedient for the public service that His Majesty’s Government shall have control over the transmission of messages by the licensed apparatus it shall be lawful for any officer in command of any ship of war of His Majesty’s Navy to cause the licensed apparatus or any part thereof to be taken possession of in the name and on behalf of His Majesty and to be used for His Majesty’s service and subject thereto for such ordinary services as to the said officer may seem fit and in that event any person authorised by the said officer may enter upon any ship on which any such apparatus is installed and take possession of the said apparatus and use the same as aforesaid.

(2) Any such officer may in such event as aforesaid instead of taking possession of the licensed apparatus as aforesaid direct and authorise such persons as he may think fit to assume the control of the transmission of messages by the licensed apparatus either wholly or partly and in such manner as he may direct and such persons may enter upon any ship on which any apparatus is installed accordingly or the said officer may direct the Licensee to submit to him or any person authorised by him all messages tendered for transmission or arriving by the licensed apparatus or any class or classes of such messages to stop or delay the transmission of any messages or deliver the same to him or his agent and generally to obey all such directions with reference to the transmission of messages as the said officer may prescribe and the Licensee shall obey and conform to all such directions.

(3) The Licensee shall be entitled to reasonable compensation for any damage to the licensed apparatus arising in consequence of the exercise of the powers conferred by this Clause.

20. In any of the following cases (that is to say):—

Provisions for revocation of licence in certain events.

(a) In case any sum of money which ought to be paid by the Licensee to the Postmaster-General under or by virtue of these presents shall be in arrear and unpaid for one calendar month after the time at which the same ought to be paid under or by virtue of the covenants herein contained;

(b) In case of any breach non-observance or non-performance by or on the part of the Licensee of any of the covenants (other than a covenant for the payment of money) or conditions herein contained and on the part of the Licensee to be observed and performed; or

(c) In case the Licensee fails to comply with any regulation for the time being in force under the Wireless Telegraphy Act 1905,

then and in any such case the Postmaster-General may by notice in writing revoke and determine these presents and the licences powers and authorities hereinbefore granted and each and every of them as to all or any of the ship stations and thereupon these presents and the said licences powers and authorities and each and every of them shall absolutely cease determine and become void as to all or any of the said ship stations (as the case may be) but without prejudice to any right of action or remedy which shall have accrued or shall thereafter accrue to the Postmaster-General under the covenants on the part of Licensee herein contained.

Licence not to affect Postmaster-General’s rights.

21. Nothing in these presents contained shall prejudice or affect the right of the Postmaster-General from time to time to establish extend maintain and work any system or systems of telegraphic communication (whether of a like nature to that hereby licensed or otherwise) in such manner as he shall in his discretion think fit neither shall anything herein contained prejudice or affect the right of the Postmaster-General from time to time to enter into agreements for or to grant licences relative to the working and user of telegraphs (whether of a like nature to those hereby licensed or otherwise) or the transmission of messages in any part of the Commonwealth or any Territory under the control of the Commonwealth by means of wireless telegraphy or by any other means with or to any person or persons whomsoever upon such terms as he shall in his discretion think fit. And (save as in this Licence expressly provided) nothing herein contained shall be deemed to authorize the Licensee to exercise any of the powers or authorities conferred on or acquired by the Postmaster-General by or under the Post and Telegraph Act 1901-1910 or the Wireless Telegraphy Act 1905.

Notices, &c.

22 Any notice request or consent (whether expressed to be in writing or not) to be given by the Postmaster-General under these presents may be under the hand of the Postmaster-General or any Minister or officer authorized by the Postmaster-General to act on his behalf and may be served by sending the same in a registered letter addressed to the Licensee at the usual or last known place of residence or business of the Licensee or if such notice request or consent relates to any particular ship station by delivery to the master of the ship upon which such station is installed and any notice to be given by the Licensee under these presents may be served by sending the same in a registered letter addressed to the Secretary to the Postmaster-General’s Department at his official address within the Commonwealth.

The SCHEDULE of Ship Stations before referred to. Other particulars:—