Wireless Telegraphy Regulations (Amendment)

Overview

The Wireless Telegraphy Act 1905-1919 was enacted to provide a legislative framework for the regulation of wireless telegraphy in Australia. The Act aimed to address the need for effective governance of wireless communication technologies as they evolved during the early 20th century. In 1935, the Commonwealth Parliament introduced Statutory Rules No. 120 to amend the Wireless Telegraphy Regulations, aiming to prevent the concentration of broadcasting station ownership and control within the hands of a single entity or individual. This was intended to maintain a competitive and diverse media landscape by ensuring that no single person or entity could dominate the broadcasting sector. The regulation was made by the Governor-General, acting on the advice of the Federal Executive Council, and came into effect on 27 November 1935.

Scope and Application

The Wireless Telegraphy Regulations 1935, made under the Wireless Telegraphy Act 1905-1919, regulate the ownership and control of broadcasting stations in Australia. The regulations specifically apply to any person, including individuals, firms, bodies corporate, or associations, seeking the grant or renewal of a Broadcasting Station Licence. These regulations impose limits on the number of stations one person can own or control, ensuring that no individual or entity can dominate the broadcasting sector. The regulations restrict ownership to one metropolitan broadcasting station per state, four metropolitan stations across the Commonwealth, four stations in any one state, and eight stations across the entire Commonwealth. Metropolitan broadcasting stations are defined as those located within 30 miles of the General Post Office in the capital city of a state. The application for a licence must be accompanied by a Statutory Declaration attesting to compliance with these limits, with additional stipulations for companies and other entities as to who can make such declarations. The scope of these regulations is national, affecting the entire Commonwealth, and they can be extended or modified through subordinate instruments issued under the authority of the Wireless Telegraphy Act.

Key Provisions

The primary operative sections of this legislation, specifically Regulation 48a of the Wireless Telegraphy Regulations, outline the restrictions on the number of broadcasting stations that can be owned or controlled by a single person. Regulation 48a(1) mandates that any individual or entity applying for a Broadcasting Station Licence must provide the necessary information to the Postmaster-General and submit a Statutory Declaration ensuring compliance with the ownership limits. These limits include not owning more than one metropolitan broadcasting station within a 30-mile radius of a capital city's General Post Office, not owning more than four metropolitan broadcasting stations in the entire Commonwealth, not owning more than four broadcasting stations in any one state, and not owning more than eight broadcasting stations across the Commonwealth. Moreover, Regulation 48a(1) also prohibits any person from controlling more than these specified numbers of stations, directly or indirectly. The obligations and requirements imposed by Regulation 48a extend to the manner in which Statutory Declarations must be made. For companies, the declaration must be made by a majority of the directors and either the manager or secretary of the company as per Regulation 48a(2). For applicants who are neither individuals nor companies, the declaration must be made by those persons designated by the Postmaster-General as per Regulation 48a(3). These requirements ensure that the application process is transparent and that the Postmaster-General can verify compliance with the ownership limits. Failure to comply with the provisions of Regulation 48a can result in significant consequences. While the specific offences, penalties, or consequences for breach are not detailed in the provided text, it is clear that any violation of these regulations could lead to legal action. Given the context of the Wireless Telegraphy Act 1905-1919, non-compliance might result in penalties such as fines, revocation of broadcasting station licences, or other regulatory sanctions. The exact penalties would typically be outlined in the overarching act or in related legislation, but the severe restrictions on station ownership suggest a strong intent to enforce these limits rigorously.