Control of Radiotelegraphic Communication in Emergencies Regulations

Overview

The Statutory Rules 1915, No. 9, issued under the Wireless Telegraphy Act 1905 and the Telegraph Act 1909, was enacted to address the need for controlling radiotelegraphic communications in emergencies, particularly during times of conflict. This legislative instrument empowers the Postmaster-General to issue orders that can prohibit licensees from communicating with any radiotelegraph stations in countries at war with His Majesty the King or his possessions. Such orders can either prohibit all communications or permit communications under specific conditions or to certain stations. The regulation was issued with the advice of the Federal Executive Council and was signed by the Governor-General, reflecting the urgency and importance of maintaining control over communications during wartime.

Scope and Application

The Wireless Telegraphy Act 1905 and the Telegraph Act 1909 together with the Regulation under these Acts provide a legal framework for the control of wireless telegraphy and telegraphic communications within the Commonwealth of Australia. This legislation applies to all licensees who operate radiotelegraph stations, whether they are land-based or ship-based. The scope of the Act extends to prohibiting any licensee from communicating with radiotelegraph stations in countries at war with His Majesty the King or his possessions. This prohibition can be absolute or conditional, allowing for certain communications under specific circumstances as directed by the Postmaster-General. The Act's application is immediate upon publication of an order in the Commonwealth Gazette. While the primary focus is on wartime measures, the Act allows for flexibility through subordinate instruments that may further define the scope and exceptions of its application.

Key Provisions

The main operative sections of this legislative instrument pertain to the control of radiotelegraphic communications in emergencies, specifically under the Wireless Telegraphy Act 1905 and the Telegraph Act 1909 (section 1). This regulation allows the Postmaster-General to issue orders that can prohibit any licensee, whether they hold a license for a land station or a ship station, from communicating with radiotelegraph stations in countries at war with His Majesty the King or his possessions. The Postmaster-General has the discretion to determine the duration of these prohibitions and can either prohibit all communications or permit specific communications under particular conditions (section 1(1) and (2)). The Act imposes certain obligations on the parties governed by it, particularly on licensees under the Wireless Telegraphy Regulations 1913. These licensees must comply with any orders issued by the Postmaster-General, which may restrict their communication activities with stations in war-affected countries. This compliance extends to adhering to the specific terms of the orders, which could range from complete communication bans to conditional allowances (section 1). The licensees must be vigilant about the publications in the Gazette where these orders are published, as these orders are binding upon them from the time they are made public. Breach of any order issued under this regulation could lead to various civil or criminal consequences. Although the specific penalties are not detailed within the text of this legislative instrument, it is reasonable to infer that violations could result in penalties as prescribed by the overarching Acts, the Wireless Telegraphy Act 1905 and the Telegraph Act 1909. Given the nature of these Acts, penalties might include fines, revocation of licenses, or other punitive measures as deemed appropriate by the relevant authorities. The specific maximum penalties would be outlined within the primary Acts themselves.