STATUTORY RULES.
1914. No. 156.
PROVISIONAL REGULATION UNDER THE WIRELESS TELEGRAPHY ACT 1905, AND THE TELEGRAPH ACT 1909.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the undermentioned Regulation under the Wireless Telegraphy Act 1905, and the Telegraph Act 1909, should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this 28th day of October, One thousand nine hundred and fourteen.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
W. G. SPENCE,
Postmaster-General.
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Regulation under the Wireless Telegraphy Act 1905, and the Telegraph Act 1909.
“Control of Radiotelegraphic Communication in Emergencies.
(1) The Postmaster-General may, notwithstanding anything contained in a licence issued to a licensee under the Wireless Telegraphy Regulations 1913, by order published in the Gazette, prohibit for such time as he directs any licensee (whether licensed in respect of a land station or a ship station) from communicating with any radiotelegraph station licensed by, or belonging to, or in any country which is at war with His Majesty the King, or the possessions thereof.
(2) Any order under this Regulation may prohibit all communications whatever, or may permit communications to particular stations, or under special circumstances.”
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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C. 14944.—Price 3d.
Overview
The Provisional Regulation under the Wireless Telegraphy Act 1905, and the Telegraph Act 1909, was enacted in 1914 to address the urgent need for control over radiotelegraphic communications during emergencies, specifically in times of conflict. The enactment was made necessary by the Governor-General, acting on the advice of the Federal Executive Council, to provide the Postmaster-General with the authority to prohibit communications with radiotelegraph stations in countries at war with the Crown. This legislation was designed to maintain national security and control during wartime by restricting potentially harmful or compromising communications. The regulation was published as a statutory rule on 28 October 1914 and came into immediate operation, underscoring the urgency and importance of its provisions.
Scope and Application
The Provisional Regulation under the Wireless Telegraphy Act 1905 and the Telegraph Act 1909 applies to any licensee holding a licence under the Wireless Telegraphy Regulations 1913, whether operating a land or ship station. The regulation grants the Postmaster-General the authority to prohibit licensees from communicating with any radiotelegraph station located in a country at war with His Majesty the King or his possessions, as a measure to control radiotelegraphic communications during emergencies. This power allows the Postmaster-General to issue orders published in the Gazette that may either prohibit all forms of communication or permit specific communications to certain stations under particular conditions. The regulation is enacted on an urgent basis and applies nationwide, covering the entire Commonwealth of Australia. There are no stated exclusions or exemptions in the text, and the scope of the regulation is extended through subordinate instruments, specifically the orders that the Postmaster-General may issue.
Key Provisions
The regulation, as a Provisional Regulation, immediately prohibits any licensee from communicating with radiotelegraph stations in countries at war with His Majesty the King or his possessions, unless specifically permitted by an order published in the Gazette (Regulation 1(1)). The Postmaster-General has the authority to issue such orders, which can either prohibit all communications or permit specific communications under certain conditions (Regulation 1(2)). This provision ensures that the communication channels during wartime can be controlled to prevent any potential security risks.
Entities and individuals governed by this regulation must comply with any order issued by the Postmaster-General. This includes adhering to any prohibitions on communication with specified stations, and ensuring that communications are only made if expressly permitted by an order (Regulation 1). Non-compliance with these orders can lead to significant legal repercussions, as outlined in the Wireless Telegraphy Act 1905 and the Telegraph Act 1909.
Any breach of the orders issued under this regulation can result in legal consequences. While the specific offences and penalties are detailed in the Wireless Telegraphy Act 1905 and the Telegraph Act 1909, generally, any unauthorised communication with prohibited stations can lead to criminal charges. The maximum penalties for such offences are detailed within the primary acts, but typically involve substantial fines and potential imprisonment. Additionally, civil penalties may also apply, including the possibility of licence revocation or suspension.