Wireless Telegraphy Regulations (Amendment) (Cth)

STATUTORY RULES.

1927. No. 3.

 

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 12th day of January1927.

(Sgd.) STONEHAVEN

Governor-General.

By His Excellency’s Command,

Postmaster-General.

 

Amendment of the Wireless Telegraphy Regulations.

(Statutory Rules 1924, No. 101, as amended to this date.)

1. Regulation 62 of the Wireless Telegraphy Regulations is amended—

(a) by omitting sub-regulation (3.) and inserting in its stead the following sub-regulations:—

“(2a.) In the event of the Postmaster-General being satisfied that the licensees affected have failed to agree—

(a) as to the Arbitrator by whom the proportions are to be settled; or

(b) to the settlement of the proportions by arbition,

the Postmaster-General may appoint an Arbitrator.

“(2b.) The Arbitrator agreed upon between the licensees, or, if an Arbitrator has been appointed by the Postmaster-General, the Arbitrator so appointed may proceed, without any formal submission, to determine the proportions paid to the respective licensees, and the proportions so determined shall, subject to the provisions of this regulation, be the proportions payable to the respective licensees.

“(3.) Notwithstanding that legal proceedings between the licensees are pending in any Court, the Arbitrator may, subject to any order of the Court, proceed with the arbitration.”;

(b) by inserting after sub-regulation (4.) the following sub-regulations:—

“(4a.) The determination of the Arbitrator shall have effect on and from the date specified by the Arbitrator, not being earlier than the date on which one of the licensees notified the other licensee that he desired to proceed to arbitration.

“(4b.) After the proportions of the available revenue have been settled by an Arbitrator, no variation of those proportions shall be made by arbitration within a period of twelve months.

“(4c.) The costs of the arbitration shall be borne by the licensee or licensees as determined by the Arbitrator at his discretion.

“(4d.) Where the Arbitrator awards costs to any licensee that licensee may recover from the other licensee, in any court of competent jurisdiction, the amount of costs fixed by the Arbitrator.”; and

(c) by omitting sub-regulation (5) and inserting in its stead the following sub-regulation:—

“(5) The available revenue shall be payable quarterly on dates to be determined by the Postmaster-General and to such extent as the Postmaster-General considers justified:

Provided that where either licensee has notified the Postmaster-General that he desires the appointment of an Arbitrator, the Postmaster-General may, if he thinks fit, withhold until he has received a copy of the award of the Arbitrator such portion as he thinks fit of the available revenue payable to any licensee”.

2. Regulation 84 is amended by adding at the end thereof the following sub-regulation:—

“(6) Any person who fails to pay the second half-yearly instalment on or before the due date shall be guilty of an offence against these Regulations”.

3. After regulation 90 of the Wireless Telegraphy Regulations, the following regulation is inserted:—

Penalty on occupier of house having unlicensed receiving equipment.

“90a.—(1.) The occupier of any dwelling-house in which is installed receiving equipment in respect of which a licence is not in force shall be guilty of an offence.

“(2.) It shall be a defence to a prosecution for an offence against sub-regulation (1.) of this regulation if the occupier proves that he was not aware and could not, with reasonable diligence, have become aware of the existence in the dwelling-house of the receiving equipment in question.”.

4. Form 5 in the schedule is repealed and the following form substituted in its stead:—

Form 5. No.

Present this Licence when paying Renewal Fee or Second Instalment.

YEARLY LICENCE.

Commonwealth of Australia.

postmaster-general’s department.

 

Wireless Telegraphy Act 1905-1919.

 

BROADCAST LISTENER’S LICENCE.—Ordinary./Special.

In Pursuance and exercise of the powers and authority conferred upon the Postmaster-General by Clause 5 of the Wireless Telegraphy Act 1905-1919 and by the Wireless Telegraphy Regulations, a licence is hereby issued to and accepted by to erect and operate a Broadcast Listener’s Station at For a Period of 12 Months Ending subject to the provisions of the said regulations and any such amendments and additions as are made from time to time. If the receiver is still installed after that date, a new licence must be obtained.

To be completed if full fee paid in advance.

Received being complete fee for this licence.

To be completed if fee being paid in two half-yearly instalments.

Received being first half-yearly instalment for this licence.

Balance of must be paid not later than

(This balance must be paid whether receiver is installed or not.)

By direction of the Postmaster-General.

Postmaster.

Adhesive receipt for second instalment to be attached hereon.

  

This licence is for the address shown above only. Change of address must be promptly notified to the Department.

This licence is not transferable to another person.

Apparatus operated under this licence must not cause interference, by means of regeneration, with neighbouring receivers.

Penalty for contravention of Regulations, £20.

  

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