Wireless Telegraphy Regulations 1920 (Cth)

STATUTORY RULES.

1920. No. 256.

REGULATIONS UNDER THE WIRELESS TELEGRAPHY ACT 1905-1919.

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 1905-1919, to come into operation forthwith.

Dated this ninth day of December, 1920.

FORSTER,

Governor-General.

By His Excellency’s Command,

GEO. H. WISE,

Postmaster-General.

 

WIRELESS TELEGRAPHY REGULATIONS.

Short Title.

1. These Regulations may be cited as the Wireless Telegraphy Regulations 1920.

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;

“Coast station” means a station which is established on land or on board a ship permanently moored, and which is open for the transmission and receipt of messages by means of wireless telegraphy between the land and ships at sea;

“Department” means the Postmaster-General’s Department;

“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 coast station, established on land for the purpose of communicating by means of wireless telegraphy with the Government-controlled wireless system;

“Licensee” means any person to whom a licence has been granted under these Regulations;

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

“Station” means a station for the transmission or 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 1905-1919;

“The Minister” means the Postmaster-General or the Minister for the time being administering the Act;

“The Radio-telegraphic Convention” means the Convention signed at London on the fifth day of July, 1912, and the Service Regulations made thereunder, and includes any modification of the Convention or Regulations made from time to time.

“The Secretary” means the Secretary, Postmaster-General’s Department;

“Wireless Telegraphy” includes all systems of transmitting, and receiving telegraphic and telephonic messages by means of electricity without a continuous metallic connexion between the transmitter and the receiver.

Classes of Licences.

3. (1) Licences under section 5 of the Act may be (a) ship’s licences; (b) experimental and instructional licences; or (c) land station licences. Licences shall be in accordance with the forms contained in the Schedule.

(2) A ship’s licence shall be granted only in respect of a ship station on an Australian ship.

(3) An experimental and instructional licence may be granted to technical schools and similar institutions, and to persons for instructional purposes or scientific investigation of wireless telegraphy or wireless telephony phenomena, subject to the applicant producing satisfactory proof that he is a natural-born British subject resident in Australia and that he is competent to conduct experiments scientifically.

(4) A land station licence may be granted in respect of a privately owned and operated station for the purpose of communication between the land station and the nearest Government-controlled station, provided there is no telegraph or telephone communication already in existence between those stations.

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

Fees for Licences.

4. (1) The following fees shall be payable for each year or portion of a year during which any licence is in force:—

(a) for a ship’s licence—One pound;

(b) for an experimental and instructional licence—Two pounds;

(c) for a land station licence—One pound.

(2) The fees under this regulation shall be paid in advance.

Applications for Licences—How Made.

5. (1) An application for a ship’s licence shall be in writing, and contain 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;

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

(2) An application for an experimental and instructional licence shall be in writing, and set out the following particulars:—

(a) Name in full, age, residence, previous training and present occupation, nationality, and parents’ nationality.

(b) The scientific, technical, practical, or other grounds upon which it is desired to obtain a licence;

(c) Complete diagram of connexion and description of the apparatus it is intended to use.

(3) An application for a land station licence shall be in writing, and contain the following particulars:—

(a) The locality of the station in respect of which the licence is applied for.

(b) The name of the owner of the land on which the station is situated, and whether the applicant is owner or lessee.

(c) The system of wireless telegraphy to be used, and a declaration that the applicant is the bonâ fide owner of the apparatus.

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

Condition as to Syntony, etc.

6. Before any licence is granted, the applicant shall 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.

Issue of Licences.

7. (1) Every ship’s licence and land station licence shall be made out in triplicate. Two parts shall be issued to the licensee, and the other retained in the Postmaster-General’s Department.

(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.

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

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

(3) The memorandum shall be written on each part of the licence, but in the case of the licensee’s parts it shall be in the form of an official receipt for the renewal fee signed by the Minister or the Secretary, or by any person authorized to receive moneys on behalf of the Postmaster-General’s Department. Such receipts shall be attached by the licensee to the parts of the licence in his possession.

Revocation of Licence.

9. 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 1905-1919, or on any other ground specified in the licence.

Tuned Crystallite Receivers.

10. All vessels licensed under the Act, which are fitted with wireless telegraphy installations, and which trade in the territorial waters of the Commonwealth or adjacent islands under the Commonwealth control, shall be equipped with tuned crystallite receivers or receivers of the thermionic valve or electrolytic type. Other receivers suitable for connecting to the detector terminals of the “Marconi” multiple tuner may be utilized when fitted with suitable transformer, and provided that the tuning and sensitivity are of equal efficiency to that obtained from a receiver specially designed for use with crystallite detectors.

Powers of Inspection.

11. The Minister or any person authorized in writing by the Minister or the Secretary may at all reasonable times enter upon any 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 Coast Stations.

12. When communications are made by means of wireless telegraphy between a ship (whether British, foreign, or Australian) in territorial waters and a coast station, the rules in force for the working of wireless telegraphy at the coast station shall be observed.

Application of the Radio-telegraphic Convention and Regulations.

13. 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 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 or in any land station 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 Minister, 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:

Provided that any ship anchored or moored under quarantine regulations may use wireless apparatus for purposes of communication with a coast station when no alternative method of electrical communication is available.

Use of Appliances by 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, 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, of which the Minister shall be the sole judge, 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 telegraph 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 these Regulations, by order published in the Gazette, prohibit for such time as he directs any licensee from communicating with any 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 and land station in respect of which a licence is issued shall be operated by a person or persons holding a certificate of competency or certificates of competency issued by the Minister after examination, or by the Postmaster-General of the United Kingdom, or by the proper authority in any part of the British Empire.

(2) A certificate of competency shall not be issued to any person other than a natural-born British subject, both of whose parents are natural-born British subjects:

Provided that a certificate of competency may be issued or withheld by the Minister as he determines, according to the merits of the case.

(3) Certificates of competency shall be of two classes, namely:—

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

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

(4) 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:

Provided that the Minister may authorize the issue of a duplicate or copy of a certificate without charge where it has been shown that the original certificate has been lost or destroyed in circumstances over which the holder had no control.

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.

(5) If a person to whom a certificate of competency has been issued by the Minister—

(a) is convicted of a criminal offence; or

(b) is, on account of incompetence, or for any other reason, considered by the Minister to be unsuitable to continue to hold the certificate,

the Minister may withdraw, cancel, or suspend the certificate.

(6) Certificates of competency and licences issued by the Naval Board of Administration appointed under the Naval Defence Act 1910-1918, and in force at the date of the commencement of these Regulations, shall continue in force as if issued in pursuance of these Regulations.

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 Minister.

Charges.

21. The total charges for messages transmitted and received for any duly authorized station within the Commonwealth or licensed under the Wireless Telegraphy Act 1905-1919 shall include:—

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

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

(c) the land station charge which belongs to the licensee of the land station;

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

(e) delivery charges (where necessary).

22. The rates for messages transmitted to or received from ship stations and land 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 charge—

(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 station transmitting and receiving charge, 2d. per word.

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

(2) For press messages—

(a) Coast station transmitting or receiving charge—

l½d. 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, ⅓d. 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) Coast station charge, 1d. per word.

(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 paragraph (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 (except Port Moresby and Samarai)—

s.	d.
Not exceeding 25 words.............................	1	3	per	station	involved.
Exceeding 25 but not exceeding 50.............	2	6	„	„	„
Exceeding 50 but not exceeding 100............	5	0	„	„	„
Every additional 50 words or portion of 50 words.............................................................	2	6	„	„	„

plus ordinary land line charges for press telegrams within the Commonwealth.

(c) For press messages to and from Port Moresby and Samarai—

s.	d.
Not exceeding 25 words	0	7½	per	station	involved.
Exceeding 25 but not exceeding 50 words....	1	3	„	„	„
Exceeding 50 but not exceeding 100 words..	2	6	„	„	„
Every additional 50 words or portion of 50 words.............................................................	1	3	„	„	„

plus ordinary land line charges for press messages with in 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—

s	d.
Not exceeding 25 words...............................	0	7½	per	station	involved.
Exceeding 25 but not exceeding 50 words....	1	3	„	„	„
Exceeding 50 but not exceeding 100 words..	2	6	„	„	„
Every additional 50 words or portion of 50 words.............................................................

1 3 „ „ „

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

Press Radiotelegrams for Publication on Ships.

25. (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 shall 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.

26. 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.

27. 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.

28. 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.

29. All regulations previously made under the Wireless Telegraphy Act 1905-1919, 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.

 

THE SCHEDULE.

——

Commonwealth of Australia.

——

SHIP’S LICENCE.

Dated 19

To all to whom these Presents shall come, I, the Honorable the Minister or Member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919, Send Greeting.

WHEREAS

of in the State of

(hereinafter called “the Licensee”) is desirous of establishing, erecting, maintaining, and using on the called 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 instal 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 ship in respect of which this licence is granted is registered in the Commonwealth.

AND WHEREAS by the Wireless Telegraphy Act 1905-1919 of theCommonwealth 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 Minister for the time being administering the Act, 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 fee payable in respect thereof:

NOW I,

the Minister or Member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919 aforesaid, in pursuance of the Wireless Telegraphy Act 1905-1919, 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 station specified in the First Schedule hereto, 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) Each ship station shall be of such class mentioned in Article XIII. of the Service Regulations annexed to the Radio-telegraphic Convention 1912 as is specified in the said schedule opposite to the name of such station;

(b) The apparatus installed shall be of the character specified in the said First Schedule;

(c) A complete scheme of the connexions intended to be employed shall be supplied by the Licensee;

(d) The transmitting apparatus used on the ship station shall be of such a character that the waves emitted are as pure and little damped as possible and the receiving apparatus used at the said station or stations shall be of such a character as to afford the greatest possible protection from disturbance during the reception of signals;

(e) 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 Minister;

(f) The speed of transmission and reception of messages shall not in normal circumstances be less than twenty 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 station and coast stations and other ship stations: Provided that the transmission and receipt of messages from and at the said ship station 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 1905-1919; 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 First 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 1905-1919.

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 Radio-telegraphic Convention 1912” means the Convention signed at London on the 5th day of July, 1912, 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.

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 or the commercial wave-lengths or naval wave-lengths in the vicinity.

(3) If the Minister is of opinion that the working of the licensed apparatus specified in the First Schedule hereto is inconsistent with the free use of naval signalling, the Licensee shall when required in writing by the Minister 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.

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 1905-1919 so far as the same are applicable to the Licensee.

Radiotelegraphic Convention to be observed.

6. The Licensee shall observe the provisions of the Radio-telegraphic Convention 1912.

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 Minister 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 Minister, be altered or modified in respect of any of the particulars mentioned in the Schedules hereto.

Emergency apparatus.

9. The apparatus shall include such emergency installation as may be required according to the class of the ship station under the provisions of Article XI. of the Service Regulations annexed to the Radio-telegraphic Convention 1912.

Indemnity of Minister.

10. The Licensee shall at all times indemnify the Minister 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.

11. (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: Provided always that signals of distress and messages in connexion therewith shall receive priority over all other messages and that the order of transmission of such other messages shall be governed by the International Telegraph Regulations.

(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.

12. 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 station.

13. The licensed apparatus at the said ship station shall be worked only by a person or persons holding a certificate or certificates of competency issued by the Minister or by the Postmaster-General of the United Kingdom. Certificates of competency shall be granted only to persons who satisfy the Minister 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 Minister shall from time to time prescribe.

Provisions as to secrecy.

14. 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 by means of the apparatus hereby licensed.

Registers of messages to be kept.

15. The Licensee shall keep full accounts, records, and registers of all messages transmitted by means of the licensed apparatus, and in such registers each of 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 Minister 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 Radio-telegraphic Convention 1912, 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 Minister 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 of Minister to inspect apparatus.

16. The Minister or any agent authorized in that behalf in writing by him may at all reasonable times enter upon the ship station hereby licensed for the purpose of inspecting, and may inspect any apparatus fixed or being in such station for the purpose of sending and receiving messages by wireless telegraphy, and all other telegraphic instruments and apparatus fixed or being in such station, and the working and use of such apparatus and telegraphic instruments.

Licence and other documents to be carried by ships.

17. The Licensee shall cause to be carried on the ship to which the licence relates a print or copy of the Licence certified under the hand of an appropriate officer of the Minister to be a true copy, and also such documents as may be prescribed by the Minister for the purpose of enabling the Licensee to communicate with coast stations in accordance with the Radio-telegraphic Convention 1912.

Fees.

18. (1) The Licensee shall pay to the Minister for and in respect of the Licence hereby granted a fee of One pound per annum.

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

Licence not to be assigned.

19. Except with the consent in writing of the Minister, the Licensee shall not assign, underlet or otherwise dispose of or admit any other person or body to participate in the benefit of the licence powers or authorities hereby granted.

Power to take possession of or control apparatus upon emergency.

20. (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 authorized 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 authorize 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 authorized 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.

Provision for revocation of Licence in certain events.

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

(a) In case any sum of money which ought to be paid by the Licensee to the Minister 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 1905-1919,

then and in any such case the Minister may by notice in writing revoke and determine these presents, and the licence, powers, and authorities hereinbefore granted, and thereupon these presents and the said licence, powers, and authorities shall absolutely cease, determine, and become void but without prejudice to any right of action or remedy which shall have accrued or shall thereafter accrue to the Minister under the covenants on the part of the Licensee herein contained.

Licence not to affect Ministers rights.

22. Nothing in these presents contained shall prejudice or affect the right of the Minister 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 Minister from time to time to enter into agreements for or to grant licences relative to the working and use of telegraphs (whether of a like nature to those hereby licensed or otherwise) or to 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 Minister by or under the Post and Telegraph Act 1901-1916 or the Wireless Telegraphy Act 1905-1919.

Notices, &c.

23. Any notice, request, or consent (whether expressed to be in writing or not) to be given by the Minister under these presents may be under the hand of the Minister or any officer authorized by him 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, 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 at his official address within the Commonwealth.

  

SCHEDULE I.

Particulars of the Ship Station referred to in this Licence.

1.	2.	3.	4.	Normal Range of signalling in nautical miles.		Character of apparatus.		Power.	10.
Name of ship on which Station is established.	Class of ship under Radio-telegraphic Convention.	Nature of services performed.	Hours of service.	5.	6.	7	8	9	If alternator is used. Number of cycles per second.
				By night.	By day.	System of Radiotelegraphy and characteristics of the system of emission.	Wave-length in metres.	Source and maximum output. Maximum to be taken by transmitting instruments.

Other particulars:—

SCHEDULE II.

Complete Scheme of Connexions authorized to be employed in the herein Licensed Station.

This drawing, which is purely diagrammatic, shows the circuits authorized to be employed in both the transmitter and receiver.

SIGNED, sealed, and delivered by the Minister or Member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919 in the presence of (l. s.)

SIGNED, sealed, and delivered by the Licensee in the presence of (l. s.)

 

Commonwealth of Australia.

 

EXPERIMENTAL AND INSTRUCTIONAL LICENCE.

Receiving Licence for Amateurs.

No.

Dated 19

To all to whom these presents shall come, I the Honorable

the Minister or Member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919 send greeting:

WHEREAS of in

the State of (hereinafter called “the licensee”) is desirous

of establishing, erecting, maintaining, and using a system of wireless telegraphy or telephony as defined in section 2 of the Wireless Telegraphy Act 1905-1919 with the sole object of conducting demonstrations or experiments in wireless telegraphy or telephony.

AND WHEREAS by reason of the provisions of the Post and Telegraph Act 1901-1916, and of the Wireless Telegraphy Act 1905-1919, it is unlawful to establish, erect, maintain, or use any station or appliance for the purpose of transmitting or receiving messages by means of wireless telegraphy or telephony except under and in accordance with a licence granted in that behalf by the Minister or Member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919, and it is also unlawful, save as in the said Acts provided, to transmit telegrams or other communications by telegraph within the Commonwealth of Australia:

AND WHEREAS the licensee has made application for this licence;

NOW I, the Minister or Member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919 aforesaid, in pursuance of the Wireless Telegraphy Act 1905-1919 and in exercise of all powers and authorities enabling me in this behalf, do hereby grant to the licensee from the date of these presents until these presents are determined as hereinafter provided, licence and permission—

(i) To establish, erect, maintain, and use at the station specified in the first and second schedules hereto, appliances for the purpose only of receiving messages by means of wireless telegraphy or telephony (hereinafter called “the licensed appliances”) provided that the appliances installed at the station shall be of the character specified in the said first and second schedules; and

(ii) To receive messages by means of wireless telegraphy or telephony at the said station from any experimental station provisionally authorized or fully licensed by the Minister:

 

Provided that the licensed appliances shall be worked and the messages shall be received solely for the purpose of conducting experiments in wireless telegraphy or telephony, and for no other purpose whatever.

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 schedules 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):—

(1) The expression “wireless telegraphy” has the same meaning as in the Wireless Telegraphy Act 1905-1919.

(2) The terms “telegraph” and “telegraph line” have the same meanings as in the Post and Telegraph Act 1901-1916.

(3) The expression “naval signalling” means signalling, by means of any system of wireless telegraphy of telephony 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 or telephone station, whether on shore or in any ship.

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

(5) The expression “Australia” includes the territorial waters of the Commonwealth of Australia and of any territory of the Commonwealth of Australia.

(6) The expression “military signalling” means signalling by means of any system of wireless telegraphy or telephony between two or more sets of appliances for wireless telegraphy or telephony operated by or on behalf of the Military Forces of the Commonwealth of Australia or between one such set of appliances and any other wireless telegraph or telephone station.

(7) The expression “Minister” means the Minister or Member of the Executive Council for, the time being administering the Wireless Telegraphy Act 1905-1919.

Restrictions on use of apparatus.

2. The licensed appliances shall not be used by the licensee or any other person either on behalf or by permission of the licensee for the receipt of messages except messages authorized by this licence.

Licensee to observe regulations as to wireless telegraphy.

3. The licensee shall observe the provisions of any regulations from time to time made under the Wireless Telegraphy Act 1905-1919 so far as the same are applicable to the licensee.

Alteration of appliances.

4. (a) The licensed appliances shall not without the previous consent in writing of the Minister be altered in respect of any of the particulars mentioned in the first and second schedules hereto.

Indemnity.

(b) The licensee shall at all times indemnify the Commonwealth of Australia and the Minister 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.

Provision as to secrecy.

5. Neither the licensee nor any person acting on his behalf or by his permission shall divulge to any person (other than properly authorized officials of the Commonwealth of Australia or a competent legal tribunal), or make any use whatever of any message coming to the knowledge of the licensee or any such person as aforesaid by means of the apparatus hereby licensed.

Licensee not to deliver messages without permission of Minister.

6. The licensee shall not deliver or cause to be delivered to any person any messages received by him by wireless telegraphy or telephony unless the transmission or delivery of such message has been approved by the Minister or by an officer duly authorized by him to approve thereof.

Power of Minister to inspect appliances.

7. The Minister or any person authorized in writing by the Minister or the Secretary may from time to time and at all reasonable times enter upon the station or other premises in the possession or occupation of the licensee for the purpose of inspecting and may inspect any appliances fixed or being in such places respectively for the purpose of receiving messages by wireless telegraphy or telephony and all other telegraphic or telephonic instruments and appliances fixed or being in such stations respectively and the working and the user of such appliances and telegraphic or telephonic instruments respectively.

Interference with telegraph lines of the Postmaster-General.

8. (a) All appliances used or intended to be used under this licence shall be so established, erected, maintained, and used as not either directly or by reason of the working or user thereof to interfere with the efficient or convenient maintenance working or user of any telegraph line of the Postmaster-General which may from time to time exist or to expose any such line to risk of damage or to risk of interference with the efficient or convenient working or use thereof.

(b) In case any telegraph line of the Postmaster-General shall be damaged or the efficient working or use thereof shall be wholly or partially interrupted or otherwise interfered with and the Chief Electrical Engineer for the time being of the Postmaster-General’s Department shall certify in writing under his hand that such damage interruption or interference has been caused directly or indirectly by any appliances used under this licence, or by anything done by on behalf or with the permission of the licensee in relation thereto, the licensee shall on demand pay to the Postmaster-General all costs that shall be reasonably incurred by him in repairing such damage and in removing or altering such telegraph lines so as to restore the same to efficient working order and in adding thereto or substituting therefor either temporarily or permanently any other telegraph line if the said Chief Electrical Engineer shall certify that such addition or substitution is reasonably required.

(c) For the purpose of this article, the expression “telegraph line” has the same meaning as in the Post and Telegraph Act 1901-1916 and the expression “telegraph line of the Postmaster-General” includes a telegraph or telephone line belonging to or worked by the Postmaster-General or constructed or maintained by him for any Department of the Commonwealth of Australia or other body or person.

Licence not to be assigned.

9. The licences powers and authorities hereby granted shall not except with the previous consent in writing of the Minister be assigned transferred sub-let or otherwise disposed of or dealt with and the licensee shall not except with a like consent allow any other person or body to participate in any manner whatsoever in the benefits of such licences powers or authorities.

10. (a) If and whenever, in the opinion of the Minister, an emergency shall have arisen in which it is expedient that His Majesty the King shall have control over the station or premises specified in the first and second schedules hereto and the appliances and instruments thereon it shall be lawful for the Minister to call upon the licensee to hand over to him on behalf of His Majesty the King such station premises appliances and instruments or any part or parts thereof and if the licensee shall comply with such demand the Minister or any person thereunto authorized by him may enter upon such station or premises and take possession of and use the same together with all appliances and instruments thereon.

(b) The Minister shall during the period the possession and use of the said station premises appliances and instruments are retained on behalf of His Majesty the King reimburse to the licensee all wages and salaries paid by the licensee to persons employed in connexion with the said station or premises provided that the employment of such persons is necessary for the proper upkeep of the said station or premises and provided further that such wages or salaries are at the same rates as previously paid by the licensee for similar services.

(c) In the event of the licensee refusing to hand over on demand the said station or premises and the appliances and instruments thereon the Minister may immediately thereupon cancel this licence without prejudice to any steps the Governor-General in Council may think fit to take to obtain possession of such station premises appliances or instruments.

Schedules.

11. The technical details of the herein licensed station are contained in the first schedule hereto, and the complete scheme of connexions authorized to be employed is shown in the second schedule hereto.

Licence fee.

12. (a) The licensee shall pay to the Minister for and in respect of the licence hereby granted a fee of Two pounds (£2) for each year or part of a year the licence is in force in respect of the station at which the licensed apparatus is installed.

(b) The fee shall be payable to the Minister annually in advance.

Provision for revocation of licence.

13. The Minister may at any time in his absolute discretion give notice in writing to revoke and determine these presents and to cancel the licence or permission hereby given at the end of twenty-four hours from the time of service of such notice and at the expiration of that period the licence or permission hereby granted shall cease and determine accordingly but without prejudice to any remedy of the Minister under any covenant or provision herein contained on the part of the licensee to be observed and performed.

Proviso as to compensation.

14. In the event of these presents and the licence or permission hereby given being revoked and determined by the Minister under the power hereinbefore contained or any other power hereunto enabling him the licensee shall not be entitled to any compensation or damages by reason of the determination.

Licence not to affect Commonwealth rights.

15. Nothing in these presents contained shall prejudice or affect the right of the Commonwealth of Australia from time to time to establish erect extend maintain and use any system or systems of telegraphic or telephonic communication (whether of a like nature to that hereby licensed or otherwise) in such manner as it shall in its discretion think fit neither shall anything herein contained prejudice or affect the right of the Commonwealth of Australia from time to time to enter into agreements for or to grant licences relative to the working and user of telegraphs or telephones (whether of a like nature to those hereby licensed or otherwise) or the transmission of messages in any part of Australia by means of wireless telegraphy or telephony or by any other means with or to any person or persons whomsoever upon such terms as it shall in its 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 1901-1916 or by the Minister under the Wireless Telegraphy Act 1905-1919.

Notices, &c.

16. Any notice request or consent (whether expressed to be in writing or not) to be given by or for the Minister under these presents may be under the hand of the Secretary for the time being to the Department being administered by the Minister and may be served by sending the same by registered letter addressed to the licensee at the usual or last known place of residence or business of the licensee and in such case the time of service shall be deemed to mean the time when in the ordinary course of post it would have been delivered to the licensee at such place and any notice to be given by the licensee under these presents may be served by sending the same by registered letter addressed to such Secretary at his official address within the Commonwealth.

In witness whereof the Minister or Member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919 has hereunto set his hand and seal the day and year first hereinbefore written.

SCHEDULE 1.

1.

Names of Station.

2.

Description of Receiving Appliances.

SCHEDULE II.

Complete scheme of connexions authorized to be employed in the herein licensed station.

This drawing, purely diagrammatic, shows the circuits authorized to be employed in the receiver.

SIGNED, sealed and delivered by the Minister or Member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919 in the presence of—

This licence is accepted by me under the provisions and terms and on the conditions above set out.

SIGNED, sealed and delivered by the said licensee in the presence of—

 

Commonwealth of Australia.

——

EXPERIMENTAL AND INSTRUCTIONAL LICENCE.

Transmitting and Receiving Licence for Amateurs.

No.

Dated 19

To all to whom these presents shall come, I, the Honorable

the Minister or Member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919, send greeting:

Whereas of

in the State of (hereinafter called “the licensee”), is desirous of establishing, erecting, maintaining, and using a system of wireless telegraphy or telephony as defined in section 2 of the Wireless Telegraphy Act 1905-1919, with the sole object of conducting demonstrations or experiments in wireless telegraphy or telephony: And whereas by reason of the provisions of the Post and Telegraph Act 1901-1916 and of the Wireless Telegraphy Act 1905-1919 it is unlawful to establish, erect, maintain, or use any station or appliance for the purpose of transmitting or receiving messages by means of wireless telegraphy or telephony except under and in accordance with a licence granted in that behalf by the Minister or member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919, and it is also unlawful, save as in the said Acts provided, to transmit telegrams or other communications by telegraph within the Commonwealth of Australia:

And whereas the licensee has made application for this licence:

Now I, the Minister or

Member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919 aforesaid, in pursuance of the Wireless Telegraphy Act 1905-1919, and in exercise of all powers and authorities enabling me in this behalf, do hereby grant to the licensee from the date of these presents until these presents are determined as hereinafter provided, licence and permission—

(i) To establish, erect, maintain, and use at the station specified in the first and second schedules hereto appliances for the purpose of transmitting and receiving messages by means of wireless telegraphy or telephony (hereinafter called “the licensed appliances”), provided that the appliances installed at the station shall be of the character specified in the said first and second schedules, and operated in accordance with the conditions specified.

 

Provided that the licensed appliances shall be worked and the messages shall be transmitted and received solely for the purpose of conducting demonstrations in wireless telegraphy or telephony at public lectures or conducting experiments in wireless telegraphy or telephony for the advancement of science and for no other purpose whatever.

And I do hereby declare that the said licence and permission is granted on and subject to the following conditions and provisions, which may be altered, added to, or modified hereafter to meet public interests or requirements or emergencies.

Interpretation clause.

1. In these presents (and in the schedules 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):—

(1) The expression “wireless telegraphy” has the same meaning as in the Wireless Telegraphy Act 1905-1919.

(2) The terms “telegraph” and “telegraph line” have the same meaning as in the Post and Telegraph Act 1901-1916.

(3) The expression “naval signalling” means signalling by means of any system of wireless telegraphy or telephony 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 or telephone station, whether on shore or on any ship.

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

(5) The expression “Australia” includes the territorial waters of the Commonwealth of Australia and of any territory of the Commonwealth of Australia.

(6) The expression “military signalling” means signalling by means of any system of wireless telegraphy or telephony between two or more sets of appliances for wireless telegraphy or telephony operated by or on behalf of the Military Forces of the Commonwealth of Australia, or between one such set of appliances and any other wireless telegraph or telephone station.

(7) The expression “Minister” means the Minister or Member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919.

Restrictions on use of apparatus.

2. The licensed appliances shall not be used by the licensee or 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.

Licensee to observe regulations as to wireless telegraphy.

3. The licensee shall observe the provisions of any regulations from time to time made under the Wireless Telegraphy Act 1905-1919 so far as the same are applicable to the licensee.

As to interference.

4. (a) The licensed appliances shall be so worked as not to interfere with the working of any wireless telegraph or telephone station established in Australia by or for the purposes of the Minister or any Department of the Commonwealth of Australia, or for commercial purposes, and in particular with the transmission or receipt of any messages between or at wireless telegraph or telephone stations established as aforesaid on land and wireless telegraph or telephone stations established on ships at sea. On no account shall His Majesty’s ships be called by means of the licensed appliances.

(b) With a view to preventing such interference as aforesaid the licensee and every person acting on his behalf or by his permission shall comply with all directions which shall be given to the licensee by the Minister or prescribed by the Minister with respect to avoiding interference between one wireless telegraph or telephone station and another.

(c) The licensed appliances shall not without permission, in writing, from the Minister, or an officer thereunto authorized by him, be altered in respect of any of the particulars mentioned in the first and second schedules hereto.

(d) The licensee shall at all times indemnify the Commonwealth of Australia and the Minister 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.

 

Protection of naval and military signallings

5. (a) The licensee shall not (either by himself or by any person acting on his behalf or by his permission), by the transmission of any message by means of the licensed appliances or otherwise by the use of the licensed appliances, interfere with naval or military signalling.

(b) Whenever the operators of the said station of the licensee perceive, through the medium of the appliances used by them, that, naval or military signalling is proceeding, they shall refrain from using the licensed appliances until all indication that naval or military signalling is proceeding shall have ceased.

(c) These provisions for the protection of naval or military signalling shall be construed to be without prejudice to the generality of any other provisions of this licence.

Provision as to secrecy.

6. Neither the licensee nor any person acting on his behalf or by his permission shall divulge to any person (other than properly authorized officials of the Commonwealth of Australia or a competent legal tribunal), or make any use whatever of any message coming to the knowledge of the licensee or any such person as aforesaid by means of the apparatus hereby licensed.

Power of Minister to inspect appliances.

7. The Minister or any person authorized in writing by the Minister or the Secretary, may from time to time and at all reasonable times enter upon the station or other premises in the possession or occupation of the licensee, for the purpose of inspecting, and may inspect any appliances fixed or being in such places respectively for the purpose of sending and receiving messages by wireless telegraphy or telephony and all other telegraphic or telephonic instruments and appliances fixed or being in such stations respectively and the working and the user of such appliances and telegraphic or telephonic instruments respectively.

Interference with telegraph lines of the Postmaster-General.

8. (a) All appliances used or intended to be used under the licence shall be so established, erected, maintained, and used as not either directly, or by reason of the working or user thereof, to interfere with the efficient or convenient maintenance, working, or user of any telegraph line of the Postmaster-General which may from time to time exist, or to expose any such line to risk of damage or to risk of interference with the efficient or convenient working or use thereof.

(b) In case any telegraph line of the Postmaster-General shall be damaged or the efficient working or use thereof shall be wholly or partially interrupted or otherwise interfered with, and the Chief Electrical Engineer for the time being of the Postmaster-General’s Department shall certify in writing under his hand that such damage, interruption, or interference has been caused directly or indirectly by any appliances used under this licence, or by anything done by or on behalf or with the permission of the licensee in relation thereto, the licensee shall on demand pay to the Postmaster-General all costs that shall be reasonably incurred by him in repairing such damage and in removing or altering such telegraph lines so as to restore the same to efficient working order, and in adding thereto or substituting therefor either temporarily or permanently any other telegraph line, if the said Chief Electrical Engineer shall certify that such addition or substitution is reasonably required.

(c) For the purpose of this article, the expression “telegraph line” has the same meaning as in the Post and Telegraph Act 1901-1916, and the expression “telegraph line of the Postmaster-General” includes a telegraph or telephone line belonging to or worked by the Postmaster-General or constructed or maintained by him for any Department of the Commonwealth of Australia or other body or person.

Licence not to be assigned.

9. Except with the consent in writing of the Minister the licensee shall not assign, underlet, or otherwise dispose of or admit any other person or body to participate in the benefits of the licences, powers, or authorities hereby granted or any of such licences, powers, or authorities.

Power to take possession of or control appliances upon emergency.

10. (a) If and whenever, in the opinion of the Minister, an emergency shall have arisen in which it is expedient that His Majesty the King shall have control over the transmission and receipt of messages by the licensed appliances, it shall be lawful for the Minister to call upon the licensee to hand over to him on behalf of His Majesty the King so much of the licensed appliances as is within Australia, or any part thereof, and if the said licensee shall comply with the demand the Minister or any person authorized by him may enter upon and take possession of the station specified in the first and second schedules and use the same together with all appliances and instruments thereon.

(b) The Minister shall, during the period the possession and use of the said station, appliances, and instruments are retained on behalf of His Majesty the King, reimburse to the licensee all wages and salaries paid by the licensee to persons employed in connexion with the said station, provided that the employment of such persons is necessary for the proper upkeep of the said station, and provided further that such wages or salaries are at the same rates as previously paid by the licensee for similar services.

(c) In the event of the licensee refusing to hand over the said station and appliances on demand, the Minister may immediately thereupon cancel this licence without prejudice to any steps the Governor-General in Council may think fit to take to obtain possession of the said station and appliances.

Schedules.

11. The technical details of the herein licensed station are contained in the first schedule hereto; and the complete scheme of connexions authorized to be employed is shown in the second schedule hereto.

Licence fee.

12. (1) The licensee shall pay to the Minister for and in respect of the licence hereby granted a fee of Two pounds (£2) for each year or part of a year the licence is in force in respect of the station at which the licensed apparatus is installed.

(2) The fee shall be payable to the Minister annually in advance.

Provision for revocation of licence.

13. The Minister may at any time in his absolute discretion by notice in writing revoke and determine these presents and cancel the licence or permission hereby given at the end of twenty-four hours from the time of service of such notice, and at the expiration of that period the licence or permission hereby granted shall cease and determine accordingly, but without prejudice to any remedy of the Minister under any covenant or provision herein contained on the part of the licensee to be observed and performed.

Proviso as to compensation.

14. In the event of these presents and the licence or permission hereby given being revoked and determined by the Minister under the power hereinbefore contained or any other power thereunto enabling him, the licensee shall not be entitled to any compensation or damages by reason of the determination.

Licence not to affect Commonwealth rights.

15. Nothing in these presents contained shall prejudice or affect the right of the Commonwealth of Australia from time to time to establish, erect, extend, maintain, and use any system or systems of telegraphic or telephonic communication (whether of a like nature to that hereby licensed or otherwise) in such manner as it shall in its discretion think fit, neither shall anything herein contained prejudice or affect the right of the Commonwealth of Australia from time to time to enter into agreements for or to grant licences relative to the working and user of telegraphs or telephones (whether of a like nature to those hereby licensed or otherwise) or the transmission of messages in any part of Australia by means of wireless telegraphy or telephony or by any other means with or to any person or persons whomsoever, upon such terms as it shall in its 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 Pout and Telegraph Act 1901-1916 or by the Minister by or under the Wireless Telegraphy Act 1905-1919.

Notices, &c.

16. Any notice, request, or consent (whether expressed to be in writing or not) to be given or made by or for the Minister under these presents may be under the hand of the Secretary for the time being of the Department being administered by the Minister, and may be served by sending the same by registered letter addressed to the licensee at the usual or last-known place of residence or business of the licensee, and in such case the time of service shall be deemed to mean the time when in the ordinary course of post it would have been delivered to the licensee at such place; and any notice to be given by the licensee under these presents may be served by sending the same by registered letter addressed to such Secretary at his official address within the Commonwealth of Australia.

 

17. The licensee may communicate with any experimental radio-telegraph station provisionally authorized or fully licensed by the Minister for experimental purposes, providing that such communication does not interfere with the conduct of W/T signalling.

In witness whereof the Minister or Member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919 has hereunto set his hand and seal the day and year first hereinbefore written.

 

SCHEDULE I.

——

Character of Appliances.

1.	2.	3.		4.	5.
Name of Licensee and Address of Station.	Description of Transmitting Appliances.	Description of Receiving Appliances.		Wave Length to be employed in Transmitter.	Maximum Watt energy permitted to be employed in Transmitter.
Type of aerial, height, construction......................
Nature and voltage of primary power...................
Transformer; ratio of windings............................
Spark gap...........................................................
Particulars of transmitting oscillator....................
Condenser—Capacity of.....................................
Form of coupling................................................
Details of earth connexions.................................

SCHEDULE II.

——

Complete scheme of connexions and aerial system authorized to be employed in the herein licensed station.

This drawing, purely diagrammatic, shows the circuits authorized to be employed in both the transmitter and receiver.

SIGNED, sealed, and delivered by the Minister or Member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919 in the presence of—

This licence is accepted by me under the provisions and terms and on the conditions above set out.

SIGNED, sealed, and delivered by the said licensee in the presence of—

 

Commonwealth of Australia.

——

LAND STATION LICENCE.

Dated 19 .

To all to whom these Presents shall come, I, the Honorable

the Minister, or Member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919, send greeting:

WHEREAS

of in the State of

(hereinafter called “the Licensee”) is desirous of establishing, erecting, maintaining, and using at

belonging to the Licensee appliances for the purpose of transmitting and receiving messages by means of wireless telegraphy:

AND WHEREAS by the Wireless Telegraphy Act 1905-1919 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 Minister or Member of the Executive Council for the time being administering the Act, 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 fee payable in respect thereof:

NOW I, the Minister or Member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919 aforesaid, in pursuance of the Wireless Telegraphy Act 1905-1919, 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 land station specified in the First Schedule hereto, 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 shall be of the character specified in the said First Schedule;

(b) A complete scheme of the connexions intended to be employed shall be supplied by the Licensee;

(c) The transmitting apparatus used on the land station shall be of such a character that the waves emitted are as pure and little damped as possible and the receiving apparatus used at the said station or stations shall be of such a character as to afford the greatest possible protection from disturbance during the reception of signals.

(d) 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 Minister.

(e) The speed of transmission and reception of messages shall not in normal circumstances be less than twenty 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 land station and coast stations. Provided that the transmission and receipt of messages from and at the said land station shall be subject to the Regulations under the Wireless Telegraphy Act 1905-1919; 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 First 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 1905-1919.

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 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 Radio-telegraphic Convention 1912” means the Convention signed at London on the 5th day of July, 1912, 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 expression “land station” means a station, not being a coast station, established on land for the purpose of communicating by means of wireless telegraphy with the Government controlled wireless system.

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

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 or the commercial wave-lengths or naval wave-lengths in the vicinity.

(3) If the Minister is of opinion that the working of the licensed apparatus specified in the First Schedule hereto is inconsistent with the free use of naval signalling, the Licensee shall when required in writing by the Minister so to do, close the 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.

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 1905-1919 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 Radio-telegraphic Convention 1912.

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 Minister 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 Minister, be altered or modified in respect of any of the particulars mentioned in the Schedules hereto.

Indemnity of Minister.

9. The Licensee shall at all times indemnify the Minister 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: Provided always that signals of distress and messages in connexion therewith shall receive priority over all other messages and that the order of transmission of such other messages shall be governed by the International Telegraph Regulations.

(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 station.

12. The licensed apparatus at the said land station shall be worked only by a person or persons holding a certificate or certificates of competency issued by the Minister or by the Postmaster-General of the United Kingdom. Certificates of competency shall be granted only to persons who satisfy the Minister 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 Minister 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 by means of the apparatus hereby licensed.

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 of 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 Minister 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 Radio-telegraphic Convention 1912, 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 Minister 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 of Minister to inspect apparatus.

15. The Minister or any person authorized in writing by the Minister or the Secretary may at all reasonable times enter upon the land station hereby licensed for the purpose of inspecting, and may inspect any apparatus fixed or being in such station for the purpose of sending and receiving messages by wireless telegraphy, and all other telegraphic instruments and apparatus fixed or being in such station, and the working and use of such apparatus and telegraphic instruments.

Licence and other documents to be exhibited.

16. The Licensee shall exhibit on the land station established under this Licence a print or copy of the Licence certified under the hand of an appropriate officer of the Minister to be a true copy, and also such documents as may be prescribed by the Minister for the purpose of enabling the Licensee to communicate with coast stations in accordance with the Radio-telegraphic Convention 1912.

Fees.

17. (1) The Licensee shall pay to the Minister for and in respect of the Licence hereby granted a fee of One pound per annum.

(2) The fee payable under this Licence shall be payable before the issue of the Licence, and the fee 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 Minister the Licensee shall not assign, underlet or otherwise dispose of or admit any other person or body to participate in the benefit of the licence powers or authorities hereby granted.

Power to take possession of or control appliances upon emergency.

19. (a) If and whenever, in the opinion of the Minister, an emergency shall have arisen in which it is expedient that His Majesty the King shall have control over the transmission and receipt of messages by the licensed appliances, it shall be lawful for the Minister to call upon the Licensee to hand over to him on behalf of His Majesty the King the licensed appliances, or any part thereof, and if the said Licensee shall comply with the demand the Minister or any person authorized by him may enter upon and take possession of the station specified in the first and second schedules and use the same together with all appliances and instruments thereon.

(b) The Minister shall, during the period the possession and use of the said station, appliances, and instruments are retained on behalf of His Majesty the King, reimburse to the Licensee all wages and salaries paid by the Licensee to persons employed in connexion with the said station, provided that the employment of such persons is necessary for the proper upkeep of the said station, and provided further that such wages or salaries are at the same rates as previously paid by the Licensee for similar services.

(c) In the event of the Licensee refusing to hand over the said station and appliances on demand, the Minister may immediately thereupon cancel this licence without prejudice to any steps the Governor-General in Council may think fit to take to obtain possession of the said station and appliances.

(d) 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.

Provision for revocation of Licence in certain events.

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

(a) In case any sum of money which ought to be paid by the Licensee to the Minister 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 covenant herein contained;

(b) In case of any breach, non-observance, or non-performance by or on the part of the Licensee of any or 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 1905-1919,

then and in any such case the Minister may by notice in writing revoke and determine these presents, and the licence, powers, and authorities hereinbefore granted, and thereupon these presents and the said licence, powers, and authorities shall absolutely cease, determine, and become void, but without prejudice to any right of action or remedy which shall have accrued or shall thereafter accrue to the Minister under the covenants on the part of the Licensee herein contained.

Licence not to affect Minister’s rights.

21. Nothing in these presents contained shall prejudice or affect the right of the Minister 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 Minister from time to time to enter into agreements for or to grant licences relative to the working and use of telegraphs (whether of a like nature to those hereby licensed or otherwise) or to 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 Minister by or under the Post and Telegraph Act 1901-1916 or the Wireless Telegraphy Act 1905-1919.

Notices, &c.

22. Any notice, request, or consent (whether expressed to be in writing or not) to be given by the Minister under these presents may be under the hand of the Minister or any officer authorized by him 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, 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 at his official address within the Commonwealth.

 

SCHEDULE I.

Particulars of the Land Station referred to in this Licence.

1.	2.	3.	4.	Normal Range of signalling in miles.		Character of apparatus.		Power.	10.
5.	6.	7.	8.
Name and Address of Licensee.	Locality of Site of Station.	Nature of Services performed.	Hours of Service.	By night.	By day.	System of Radio-telegraphy and Characteristics of the system of Emission.	Wave-length in metres	Source and maximum output. Maximum to be taken by transmitting instruments.	If Alternator is used. Number of cycles per second.

Other particulars:—

 

SCHEDULE II.

——

Complete scheme of connexions and aerial system authorized to be employed in the herein licensed station.

This drawing, purely diagrammatic, shows the circuits authorized to be employed in both the transmitter and receiver.

SIGNED, sealed, and delivered by the Minister or Member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919 in the presence of—

* This licence is accepted by me under the provisions and terms and on the conditions above set out.

SIGNED, sealed, and delivered by the said licensee in the presence of—

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.