Wireless Telegraphy Regulations (Amendment)

Legislation au C1927L00003 Regulations Not in force Legislative Instrument

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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.

 

 

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.

Overview

The Statutory Rules 1927, No. 3, made under the Wireless Telegraphy Act 1905-1919, introduce amendments to the Wireless Telegraphy Regulations to improve the regulatory framework governing wireless telegraphy in Australia. Enacted by the Governor-General in Council, these regulations aim to refine the arbitration process for revenue distribution among licensees, enforce timely payment of licence fees, and penalise the possession of unlicensed receiving equipment. The overarching policy objective is to ensure orderly and efficient management of wireless telegraphy services, addressing discrepancies in revenue distribution and enhancing compliance with licensing requirements. By amending specific regulations, the Government seeks to provide clearer guidelines for arbitration proceedings, enforce stricter penalties for non-compliance, and uphold the integrity of the licensing system.

Scope and Application

The Wireless Telegraphy Regulations 1927, made under the Wireless Telegraphy Act 1905-1919, apply to the conduct and transactions of licensees and occupiers of dwelling houses within the Commonwealth of Australia. These regulations specifically pertain to the licensing and operation of wireless telegraphy equipment and the payment of fees associated with broadcast listener's licences. The amendments and new provisions introduced by these regulations cover aspects such as the appointment of arbitrators to settle disputes among licensees, the determination of revenue proportions, the payment of instalments and penalties, and the requirements for the installation and operation of receiving equipment. The regulations also establish penalties for failure to comply with payment deadlines and the use of unlicensed equipment. The regulations extend across the entire Commonwealth and are enforced by the Postmaster-General. The application of these regulations is further detailed and potentially extended through subordinate instruments, which can include additional forms, procedures, and amendments as required.

Key Provisions

The regulations under the Wireless Telegraphy Act 1905-1919 introduce several amendments, primarily focusing on arbitration processes and penalties for non-compliance. Regulation 62 has been significantly altered to address the appointment of an arbitrator and the subsequent determination of revenue proportions. Sub-regulation (2a) now allows the Postmaster-General to appoint an arbitrator if licensees cannot agree on the arbitrator themselves or on the arbitration process (1). Sub-regulation (2b) empowers the arbitrator to determine revenue proportions without formal submission and mandates that these proportions be final for a period of twelve months (4b). The costs associated with the arbitration are to be borne by the licensees as decided by the arbitrator (4c), and any awarded costs can be recovered by the winning party in a competent court (4d). Moreover, the regulation allows for arbitration to proceed even if legal proceedings are ongoing (3). The payment of available revenue is set to be quarterly, with the Postmaster-General determining the exact dates and amounts, subject to withholding until an arbitrator's award is received if a licensee requests arbitration (5). Regulation 84 is amended to impose a penalty for failure to pay the second half-yearly instalment by the due date (2). A new regulation, 90a, introduces an offence for the occupier of a dwelling with unlicensed receiving equipment, with a defence available if the occupier can prove lack of awareness of the equipment (1, 2). Additionally, Form 5 in the schedule is repealed and replaced with a new form detailing the conditions and penalties for non-compliance under a Broadcast Listener's Licence (4). The amendments impose several obligations on the licensees and the Postmaster-General. Licensees are required to agree on the arbitrator or face the Postmaster-General's appointment (1). They must also ensure that any arbitration costs are settled as determined by the arbitrator (4c). The Postmaster-General has the duty to withhold revenue payments until an arbitrator's award is received if a licensee requests arbitration (5). Failure to pay the second half-yearly instalment by the due date results in an offence under these regulations (2). The occupier of a dwelling with unlicensed receiving equipment must ensure compliance to avoid prosecution, with a defence available if they can prove lack of awareness (1, 2). These regulations also outline the specific conditions for obtaining and maintaining a Broadcast Listener's Licence, including the requirement for a new licence if the receiver is still installed after the licence period ends (4). Violations of these regulations carry specific penalties and consequences. Failure to pay the second half-yearly instalment on time constitutes an offence under Regulation 84 (2). The occupier of a dwelling with unlicensed receiving equipment is also guilty of an offence under Regulation 90a (1). However, a defence is available if the occupier can prove they were unaware of the equipment's presence (2). The penalty for contravention of the regulations is set at £20 (4). These penalties and consequences are designed to ensure compliance with the Wireless Telegraphy Act 1905-1919 and the associated regulations.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.