Telegraphic Messages Act 1872 (SA)

ANNO TRICESIMO QUINTO ET TRICESIMO SEXTO

A. D. 1872.

No. 10.

An Act to secuw, in cer.tai?h cases, the Right of P~operty in Telegraphic

Messclyes.

[Assented to, 26th June, 1872.3

HEREAS it is expedient to secure, in certain cases, the right Preamble.

by thc Govcrnor of the I'rovincc of South Australia, with the advice v of property in telegraphic messages-Be it therefore Enacted	and consent of the Legislative Council and House of Assembly of
the said Province, in this present Parliament assembled, as follows :-

-*

1. When any person, in t,hc nmnner hereinafter mentioned, pub- lishcs in any newspaper or other printed paper published in the-said published during

Province, any mcssagc by electric telegraph fiorn m y place outside the

Australian Colonies, lawfully received by such person, no other pcrson consent of the

%gUt

s l d, without the consent in writing of such first-mentioned person, or his agent thereto lawfully authorized, print or publish, or cause to bc printed or pnblishcd such telegram, or the substance thereof, or any extract thcrcfrom until after a period of twenty-four hours from the time of such first-mentioned pblication: Provided that such period shall not extend beyond thirty-six hours from thc time of the receipt of such message (Sundays excepted), and the publication of thc wholc or any part of such telegram, or of the substance thereof, or (excepting the publication of any similar message in like manner sent) of the intelligence therein contained, or any comment upon, or any reference to such intelligence, shall be deemed to be a publication of the same,

2. If any person wilfully print and publish, or cause to be printed unlmful publbhingg a misdemeanor.

and published, any matter contrary to the provisions of this Act, he

shall be guilty of a misdemeanor, and, on conviction thereof, shall

L be

34 . 3P & &G0 VICTORIa, No. 20. --- -- -

The Telegram Copyright Act.--1872.

be liable to a penalty of not less than Ten Pounds and not exceeding One Hundred Pounds; and every person who is convicted a second time of any offence against this Act, shall be deemed to be guilty of

a misdemeanor, and, on conviction thereof, shall be liable to a

penalty of not less than Fifty Pounds and not exceeding Two

Hundred Pounds. .

HOW tele~aphio mw-

3. Every telegraphic mcssirge published under the protection of

By Submarine Tele-

'age ~ c t to protected be heade 7 . t b i ~ h i s Act shall be printed with the heading,

graph," and shall state the day and hour of its receipt; and such statement shall be prim4 jucii. evidence of the time of the receipt of such message.

During twent~f iur

hours protected intel- 4. During the period of twenty-four hours hereinbefore men-

ligence not to be	tioned, no intelligence protected by this Act shall be transmitted by
person outside South
transmitted to any	electric telegraph to any person outside South Australia by or on
Australia.	behalf of any person other than the person who, under the pro- visions of this Act, is entitled to the exclusive use of such intelligence.

What to be deemed 5. In any prosecution under this Act, the production of any

~im@facieeyiaenco	of publication of mes- document 6hcch purports to be a telegraphic iessage from S O ~ C
sage. place outside the Australian Colonies, and. which contains the intelligence published in the newspapers as aforesaid, and which has been delivered to some person entitled to receive thc same by the proper officer of the Electric Telegraph Department, shall be prim&

,fixeic evidence that the message published as hereinbefore described

in such newspaper, is a message within the meaning of this Act; and proof that any person is, or is acting, or appears to bc acting as editor, sub-editor, or manager of any newspaper in which there has been any publication contrary to the provisions of this Act shall be

prim$ facie evidence that such person has wilfully caused such

unlawful publication.

Proceedings for offen- 6. Every proceeding under ithis Act for acts ancl offences to vhich

ces to be heard and penalties attach, shdl be heard and determined in a summary way

detorrninecl undcr

Ordinance No. 6 of	by any Special Magistrate or two J~zstices of the Peace for thc said
1850.	Province, under the provisions of an Ordillancc of the Governor and
Legislative Council of thc said Province, No. 6 of 1850, " To
facilitate the performance of the duties of Justices of the Peace out
of Sessions with respect to Summary Convictions and Orders," or
of any Act hereafter to be in force in thc said Province relating to the duties of Justices of the Peace with respect to summary con- victions and orders, aiid all convictions and eiders may be eiforced as in the said Ordinance or Act is mentioned.
~ c t
document8 published

not to extend t o 7. Nothing in this Act shall extend to any document published

by by the Government Printer, or to the report of any proceedings in

ter, or in Parliament. either Rouse of Parliament.

In the name 'and on behalf of the Queen, I hereby

assent to this Bill.

JAMES FERGUSSON, Governor.

-- - -- -

Adelaide : By authority, W. C. COX, Oo~ernment Printer, North-terrace.