Statutory Rules
1976 No. 222
REGULATIONS UNDER THE WIRELESS TELEGRAPHY ACT 1905.*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Wireless Telegraphy Act 1905.
Dated this sixth day of October, 1976.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
ERIC ROBINSON
Minister of State for Post and Telecommunications.
__________
Amendments of the Wireless Telegraphy Regulations†
Licences.
1. Regulation 5 of the Wireless Telegraphy Regulations is amended by omitting from sub-regulation (1) the words “ in the second column ” and substituting the words “ in Column 2 ”.
Licence fees.
2. Regulation 7 of the Wireless Telegraphy Regulations is amended—
(a) by omitting from sub-regulation (1) the words “ in the third column ” and substituting the words “ in Column 3 ”; and
(b) by omitting from sub-regulation (1) the words “ in the second column ” and substituting the words “ in Column 2 ”.
Schedule.
3. The Schedule to the Wireless Telegraphy Regulations is repealed and the following Schedule substituted:—
SCHEDULE
Sub-regulations 5 (1)
and 7 (1)
Classes of Licences and Fees Payable For Licences
Column 1 Item | Column 2 Class of licence | Column 3 Fee |
| | $ |
1 | Aeronautical station................................................. | 20 |
2 | Aircraft station.................................................... | 20 |
3 | Amateur station.................................................... | 12 |
4 | Novice amateur station............................................... | 6 |
* Notified in the Australian Government Gazette on 7 October 1976.
† Statutory Rules 1942, No. 348, as amended by Statutory Rules 1945, No. 185; 1947, No. 129; 1951, No. 19; 1954, No. 50; 1955, No. 1; 1958, No. 54; 1959, No. 65; 1967, Nos. 110 and 170; 1972, No. 206; 1974, No. 173; and 1975, No. 64; and by Act No. 85 of 1970.
Schedule—continued
Column I Item | Column 2 Class of licence | Column 3 Fee |
| | $ |
5 | Base station..................................................... | 20 |
6 | Coast station..................................................... | 20 |
7 | Earth station..................................................... | 20 |
8 | Experimental station............................................... | 20 |
9 | Fixed outpost station............................................... | 2 |
10 | Fixed receiving station.............................................. | 12 |
11 | Fixed station..................................................... | 20 |
12 | Handphone station................................................. | 20 |
13 | Harbour mobile station.............................................. | 20 |
14 | Interior paging service.............................................. | 20 |
15 | Limited coast station............................................... | 20 |
16 | Land mobile station................................................ | 20 |
17 | Mobile outpost station.............................................. | 2 |
18 | Public paging station............................................... | 12 |
19 | Radio determination station........................................... | 20 |
20 | Radio-linked microphone service....................................... | 20 |
21 | Repeater station.................................................. | 20 |
22 | Ship station..................................................... | 20 |
Application.
4. The Wireless Telegraphy Regulations as amended by these Regulations apply in relation to—
(a) a licence granted for a period commencing on or after 8 October 1976; and
(b) the renewal of a licence where the licence or the last preceding renewal of the licence, as the case may be, expires on or after that date.
Overview
Statutory Rules 1976 No. 222, made under the Wireless Telegraphy Act 1905, were enacted to amend the Wireless Telegraphy Regulations and update the fees and classifications of wireless telegraphy licences. The Wireless Telegraphy Act 1905 aimed to regulate the use of wireless telegraphy in Australia, ensuring that the use of wireless technology is safe, efficient, and coordinated. These regulations were made by the Governor-General, acting on the advice of the Federal Executive Council, to streamline the administrative processes and fees associated with the licensing of wireless telegraphy equipment. The primary objective of these amendments was to modernise the regulatory framework to reflect technological advancements and the changing landscape of wireless communications, ensuring that the licensing system remains relevant and effective in regulating wireless activities in Australia.
Scope and Application
The Wireless Telegraphy Regulations 1976, which were made under the Wireless Telegraphy Act 1905, pertain to the regulation of wireless telegraphy in Australia. These regulations apply to the granting and renewal of licences for various classes of wireless stations, including aeronautical, aircraft, amateur, base, coast, earth, experimental, fixed outpost, fixed receiving, fixed, handphone, harbour mobile, interior paging, limited coast, land mobile, mobile outpost, public paging, radio determination, radio-linked microphone, repeater, and ship stations, with specified fees for each class. The amended regulations apply to licences granted or renewed for a period commencing on or after 8 October 1976. The application of these regulations is national in scope, covering the entire Commonwealth of Australia, and they extend their reach through the listing and categorisation of different types of wireless stations and associated fees. There are no stated exclusions or exemptions within the text, though the specific application and enforcement may be further detailed in subordinate instruments or additional legislation.
Key Provisions
The main operative sections of these Regulations concern the amendment of certain aspects of the Wireless Telegraphy Regulations, which were originally made under the Wireless Telegraphy Act 1905. Regulation 5(1) and Regulation 7(1) have been amended to replace certain references to column numbers within the schedule. This change likely aims to ensure clarity and consistency in the referencing of licence classes and fees within the regulatory framework. The schedule itself has been completely replaced, detailing various classes of licences and their corresponding fees. This new schedule provides a comprehensive list of different types of wireless telegraphy licences along with their respective fees, which is essential for applicants and existing licensees to understand the costs associated with obtaining and maintaining these licences.
These Regulations impose specific obligations on parties applying for or renewing wireless telegraphy licences granted from 8 October 1976. The updated schedule, which includes a detailed list of licence classes and fees, must be adhered to by all applicants and licensees. This ensures that all parties are aware of the exact fee structure for different types of licences and must comply with the new financial requirements when applying or renewing their licences. The changes in referencing within the Regulations also require careful attention to ensure that all parties correctly identify the appropriate licence class and fee from the new schedule.
Failure to comply with these Regulations can lead to several consequences. Although the specific penalties for non-compliance are not detailed in the text provided, under the Wireless Telegraphy Act 1905, breaches of the regulations can result in fines and other penalties. The maximum penalties may vary depending on the nature and severity of the breach. For instance, operating a wireless telegraphy apparatus without a valid licence or contravening any condition of a licence could result in significant fines, with the exact amount determined by the court based on the circumstances of the offence. Additionally, ongoing non-compliance could lead to the suspension or revocation of a licence, which would prevent the individual or entity from legally operating any wireless telegraphy apparatus.
In summary, these Regulations introduce amendments to the Wireless Telegraphy Regulations by updating the referencing within the schedule and replacing the entire schedule with a new list of licence classes and fees. These changes impose clear financial and procedural obligations on applicants and licensees, ensuring they are aware of and comply with the new fee structure. Non-compliance with these Regulations can lead to penalties, including fines and potential licence suspension or revocation, highlighting the importance of adhering to the updated regulatory framework.