History of wireless telegraphy and broadcasting in Australia/Topical/Legislation/C1916L00212/FRLI

STATUTORY RULES.
1916. No. 212.

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REGULATIONS UNDER THE WIRELESS TELEGRAPHY ACT 1905–1915.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Wireless Telegraphy Act 1905–1915 to come into operation on and from the 1st day of September, 1916.

Dated this sixth day of September, One thousand nine hundred and sixteen.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

J. A. JENSEN,

Minister of State for the Navy.

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Short Title.
1. These Regulations may be cited as the Wireless Telegraphy Regulations 1916.

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;

“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 1905–1915;

“The Minister” means “The Minister of State for the Navy”; “Naval Board” means the Naval Board of Administration appointed under the Naval Defence Act;

“Naval Secretary” means the Secretary to the Naval Board of Administration.”

Permits.
3. (1) The Naval Board may, at their discretion, grant permission for technical schools and similar institutions to conduct experiments in Radiotelegraphy for the purpose of. training students.

(2) The applicant for such permission shall satisfy the Naval Board that the experiments will be conducted only for the purpose of training students, and shall furnish, with his application, a complete list of the material intended to be used, together with the name and credentials of the person who, it is proposed, will give the instruction.

(3) The applicant shall further agree to allow Inspectors attached to the Radiotelegraph Branch of the Department of the Navy free access to the premises in which the experiments are carried out, for the purpose of inspection, as and when required.

(4) The permission shall be granted without charge, but the Naval Board reserve the right to withdraw such permission at any time, and their decision in the matter shall be final.

Licences.
4. (1) A licence shall be granted only in respect of a ship station on an Australian ship.

(2) A licence shall be for a period of one year from the date thereof but may be renewed from time to time.

Fee for Licence.
5. The fee for a licence shall be One pound and shall be paid in advance.

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

(a) the name of the ship in respect of which the licence is applied for;

(b) the port in Australia at which the ship is registered; and

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

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

Condition as to Syntony, etc.
7. Before any licence is granted, the applicant must satisfy the Minister 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.

Licence to be in Triplicate.
8. (1) Every licence shall be made out in triplicate, and two parts shall be issued to the licensee and the other retained in the Department of the Navy.

(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.
9. (1) A licence may be renewed by writing thereon or attaching thereto a memorandum stating the period for which it is renewed.

(2) The memorandum of renewal must be signed by the Minister or by the Naval Secretary.

(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 each part of the licence, but in the case of the licensee’s parts it shall be in the form of a receipt for the renewal fee signed by the Minister or by the Naval Secretary, which receipt is to be attached by the licensee to his part.

Revocation of Licence.
10. The Minister may, by notice in writing, revoke and. determine any licence, on the ground of the licensee having failed to comply with any Regulation for the time being in force under the Wireless Telegraphy Act 1905–1915, or on any other ground specified in the licence.

Powers of Inspection.
11. The Naval Board or any person authorized in writing by the Naval Board may at all reasonable times enter upon any ship 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.
12. 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 Radiotelegraphic Convention and Regulations.
13. The provisions of the Radiotelegraphic 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 land stations or ship stations, and to all messages handled by such installations, and every licensee shall comply therewith.

Appliances to be Worked so as to Avoid Interference with other Appliances.
14. (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 Dominion Naval or Military Forces.

Appliances not to be Worked while Ship Moored to any Wharf or Pier.
15. Except by permission of the Naval Board, 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 while the ship is moored to any wharf or pier in Australia or any territory of the Commonwealth.

Application of Defence Regulations to Foreign Ships of War in Harbors.
16. 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.
17. If at any time 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, the Governor-General 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 Communications and Appliances in Emergencies.
18. (1) In case of emergency, the Naval Board or any officer in command of any ship of war of His Majesty’s Navy (whether Imperial or Dominion), 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, 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 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.

(4) The Minister may notwithstanding anything contained in a licence issued to a licensee under the Wireless Telegraphy Regulations 1916 by order published in the Gazette, prohibit for such time as he directs any licensee from communicating with any radiotelegraph station licensed by, or belonging to, or in any country which is at war with His Majesty the King or the possessions thereof.

(5) Any order under sub-regulation (4) of this Regulation may prohibit all communications whatever or may prohibit communications to particular stations or under special circumstances.

Operators’ Proficiency Certificates.
19. (1) Every ship station in respect of which a licence is issued must be operated by a person or persons holding a certificate of competency or certificates of competency issued by the Naval board after examination, or by the Postmaster-General of the United Kingdom, or by the proper authority in any part of the British Empire.

(2) Certificates of competency shall only be issued to natural-born British subjects, and shall be of two classes, namely: —

(a) 1st class—issued to persons over 18 years of age capable of receiving and transmitting by sound at a speed which must not be less than 20 words per minute; and

(b) 2nd class—issued to persons over 18 years of age capable of receiving and transmitting by sound at a speed which must not be less than 12 words per minute.

(3) A fee of Ten shillings shall be paid by the candidate on each occasion on which such candidate is examined. A certificate of competency may be issued at a charge of Five shillings to each candidate who satisfactorily passes the prescribed examination, and in the event of a certificate being lost a fee of Ten shillings shall be paid for the first copy of such certificate, One pound for the second copy and Two pounds for any subsequent copies. In case of failure a candidate shall not be re-examined in any system or under any circumstances until after the lapse of three months.

Use of Wireless Telegraphy for Military Purposes.
20. These Regulations shall not prevent the use, without licence, by the military authorities of wireless telegraphy for military purposes. Provided that each wireless telegraphy installation (other than a mere temporary installation) to be used shall be authorized in writing by the Naval Board.

Charges.
21. The total charges for messages transmitted and received for any duly authorized Wireless Station within the Commonwealth or licensed under the Wireless Telegraphy Act 1905–1915 shall include:—

(a) the coast charge which belongs to the coast station;

(b) the ship charge which belongs to the ship station;

(c) the charge for transmission over the lines of the telegraph system (where necessary); and

(d) delivery charges (where necessary).

22. The rates for messages transmitted to or received from ship stations shall be as follows: —

(1) For ordinary messages—

(a) Coast station transmitting or receiving charge—

(i) Radiotelegrams to or from ships licensed in Australia or New Zealand, 3d. per word;

(ii) Radiotelegrams to or from other ships, 6d. per word.

(b) Ship station transmitting or receiving charges—

(i) Radiotelegrams to or from ships licensed in Australia or New Zealand, 2d. per word;

(ii) Radiotelegrams to or from other ships, not exceeding 4d. per word.

(c) Land line charge 1d. per word.

(2) For press messages—

(a) Coast station transmitting or receiving charge—

1½d. per word.

(b) Ship station transmitting or receiving charge—

Not exceeding 4d. per word, as determined by the ship authorities concerned;

(c) Land line charge, 1/3d. per word, odd fractions of one penny to be reckoned as one penny.

(3) For messages to or from ships of the British or Australian Navies—

(a)For official messages—

(i) There shall be no coast station charge.

(ii) There shall be no ship station charge.

(iii) Land line charge, 1d. per word.

(b) For private messages—

The rates and conditions shown in sub-Regulation (1) of this Regulation shall apply.

(4) For messages consisting of reports to Lloyd’s agents concerning marine casualties and overdue vessels: —

(a) Coast station charge, 6d. per word.

(b) Land line charge, 1d. per word.

The charges for these messages shall be collected from the addressee.

(5) The charge for relaying radiotelegrams, irrespective of the number of coast stations concerned in the relaying, shall be: —

(a) When the ships of origin and of destination are both licensed in Australia or New Zealand, 4d. per word;

(b) When only one of the ships concerned or when neither of the ships concerned is licensed in Australia or New Zealand, 7d. per word.

23. (1) The rates for messages exchanged between stations established on the Australian mainland or in Tasmania and stations established on islands within the Commonwealth Administration or between any stations established on such islands except Flinders Island and King Island shall be—

(a) For ordinary messages one penny per word per radio station involved, plus ordinary land line charges for telegrams within the Commonwealth.

(b) For press messages— plus ordinary land line charges for press telegrams within the Commonwealth.

(2) The rates for messages exchanged between stations established on the Australian mainland or in Tasmania and stations established on King and Flinders Islands shall be—

(a) For ordinary messages one halfpenny per word per radio station involved, with a minimum of One shilling per message plus ordinary land line charges for telegrams within the Commonwealth;

(b) For press messages— plus ordinary land line charges for press telegrams within the Commonwealth.

(3) For messages exchanged between stations established on the Australian mainland or in Tasmania at times when the local telegraph offices are closed, the rates shall be 3d. per word plus the ordinary land line charges for telegrams within the Commonwealth, for such land line handling as is involved.

(4) For press messages exchanged between stations established on the Australian mainland or in Tasmania at times when the local telegraph offices are closed, the rates shall be 1d. per word plus the ordinary land line charges for press telegrams within the Commonwealth, for such land line handling as is involved.

(5) The rates for the radiotelegraphic transmission of deferred and week-end telegrams shall be one-half and one-quarter of the ordinary rates respectively.

(6) Delivery charges, if any, shall in all cases be paid by the addressee.

24. (1) Radiotelegrams conveying Christmas or New Year greetings may be lodged at any telegraph office in the Commonwealth for transmission to New Zealand or to vessels registered in Australia or New Zealand. In addition to the address and signature, such radiotelegrams may contain a text consisting of any one of the following phrases: —

(a) “Christmas greetings.”

(b) “New Year greetings.”

(c) “Compliments of the season.”

(2) The total charge for such radiotelegrams shall be: —

(a) For these addressed to New Zealand, 4s.

(b) For these addressed to vessels registered in Australia or New Zealand, 3s.

(3) Radiotelegrams containing the text “Christmas greetings” must be lodged on or before 23rd December, and these containing the text “New Year’s greetings” or “Compliments of the season” must be lodged on or before 28th December.

25. The total charge for messages transmitted to or from ships shall be paid by the sender.

Press Radiotelegrams for Publication on Ships.
26. (1) Press radiotelegrams for publication on ships shall be addressed to the commander of a ship, or to a newspaper published on board a ship, and shall bear in the address the words “for publication,” which words shall be charged for at press rates.

(2) The information contained in such press radiotelegrams must either be published in a ship’s newspaper or posted on a ship’s public notice board,

(3) Press radiotelegrams shall, subject to this Regulation, comply with the provisions of Articles 65 and 66 of the detailed Regulations attached to the International Telegraph Convention.

Refunds.
27. The full charge for a radiotelegram will be refunded when such radiotelegram is rendered useless through a fault of the telegraph service, and the full charge, less land-line charges, will be refunded when a radiotelegram cannot be delivered on account of the ship of destination having passed out of range.

Transmission of Shipping Intelligence by Telephone.
28. Information received at a coast station from vessels at sea, indicating the noon or midnight position, will be communicated by telephone to the owners or agents of such vessels on payment of One shilling per communication.

Ocean Forecasts and Weather Reports.
29. Ocean forecasts sent by the Commonwealth Meteorologist will be transmitted from radiotelegraph stations owned, operated, and maintained by or on behalf of the Minister to vessels at sea, and weather reports received at such radiotelegraph stations from vessels at sea, and addressed to the Commonwealth Meteorologist, will be transmitted, on payment of the following charges: —

For each communication not exceeding 20 words, 2s.; for each additional word, 1d.; plus one penny per word land line charge.

Repeal.
30. All Regulations previously made under the Wireless Telegraphy Act 1905–1915, and in force at the commencement of these Regulations, are hereby repealed save as to any right, privilege or obligation acquired, accrued, or incurred thereunder.