Wireless Telegraphy Regulations (Amendment)

Legislation au C1947L00129 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1947. No. 129.

 

REGULATIONS UNDER THE WIRELESS TELEGRAPHY ACT 1905-1936.*

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 1905-1936.

Dated this ninth day of September, 1947.

W.J. McKell

Governor-General.

By His Excellency’s Command.

Postmaster-General.

 

Amendments of the Wireless Telegraphy Regulations. †

Amendment of Wireless Telegraphy Regulations.

1. The Wireless Telegraphy Regulations are amended by omitting the word “experimental” (wherever occurring) and inserting in its stead the word “amateur”.

Licences not to be issued to aliens.

2. Regulation 8 of the Wireless Telegraphy Regulations is amended by omitting the words “Naval Board” and inserting in their stead the words “the Director, Commonwealth Investigation Service, or a person authorized in that behalf by the Director,”.

Certificates.

3. Regulation 40 of the Wireless Telegraphy Regulations is amended—

(a) by omitting paragraphs (h) and (i) of sub-regulation (1.) and inserting in their stead the following word and paragraph:—

“; and (h) Amateur Operator’s Certificate of Proficiency.”;

(b) by omitting sub-regulations (2.) and (3.) and inserting in their stead the following sub-regulations:—

“(2.) A Certificate of Proficiency of any of the classes specified in the last preceding sub-regulation shall not be issued to an alien unless—

(a) the consent in writing of the Director, Commonwealth Investigation Service, or a person authorized in that behalf by the Director, has first been obtained; or

(b) the Minister or an authorized officer is satisfied that the circumstances justify the issue of a certificate as a matter of urgency.

* Notified in the Commonwealth Gazette on        , 1947

† Statutory Rules 1942, No. 348, as amended by Statutory Rules 1945, No. 185.

3485.—Price 3D. 8/8.8.1947.


“(3.) A certificate issued in pursuance of the last preceding sub-regulation shall remain in force—

(a) in the case of any class of Commercial Operator’s Certificate of Proficiency or of any class of Aircraft Operator’s Certificate of Proficiency —in respect of one voyage only of the ship or aircraft upon which the holder of the certificate is to be carried; and

(b) in all other cases—for such period as the Minister or an authorized officer determines”; and

(c) by inserting in sub-regulation (4.), after the word “lost”, the words “, mutilated or destroyed”.

4. Regulations 50 and 50a of the Wireless Telegraphy Regulations are repealed and the following regulation is inserted in their stead:—

Examination for Amateur Operator’s Certificate.

“50. The examination for an Amateur Operator’s Certificate of Proficiency shall be such as to show that a successful candidate possesses the knowledge and qualifications specified in this regulation, namely:—

(a) A knowledge of wireless telegraphy and wireless telephony and electrical principles;

(b) A knowledge of such of the Radiocommunication Regulations for the time being in force under the Telecommunication Convention and the Wireless Telegraphy Regulations as relate to the operation of amateur stations; and

(c) Ability to send correctly, and to receive correctly by ear, in Morse code, a message in plain language at a speed of fourteen words per minute.”.

5. Regulation 53 of the Wireless Telegraphy Regulations is repealed and the following regulation inserted in its stead:—

Amateur station licence.

“53. Subject to regulation 8 of these Regulations, a licence for an amateur station may be granted—

(a) to a person over the age of eighteen years who is the holder of an Amateur Operator’s Certificate of Proficiency or such other certificate of proficiency in wireless telegraphy as may be determined by an authorized officer; or

(b) to a school, college, club, institute or similar organization subject to the condition that the licensee shall have always in attendance, during transmissions, a person in possession of an Amateur Operator’s Certificate of Proficiency or such other certificate of proficiency in wireless telegraphy as is determined by an authorized officer.”.

Limitation on use of amateur equipment.

6. Regulation 55 of the Wireless Telegraphy Regulations is amended by inserting after the word “equipment” the words “without pecuniary gain and”.

Stations with which amateur licensees may communicate.

7. Regulation 56 of the Wireless Telegraphy Regulations is amended by omitting from sub-regulation (3.) the words “in any circumstances” and inserting in their stead the words “except in case of an emergency and with the consent in writing of an authorized officer ”.


Power to be used in amateur transmitter.

8. Regulation 57 of the Wireless Telegraphy Regulations is amended by omitting sub-regulations (1.) and (2.) and inserting in their stead the following sub-regulation:—

“(1.) The power (measured at the anode of the valve or valves delivering power to the aerial circuit) to be used in an amateur transmitter shall not, except in such special circumstances as are approved by an authorized officer, exceed One hundred watts.”.

9. Regulation 58 of the Wireless Telegraphy Regulations is repealed and the following regulation inserted in its stead:—

Types of emissions.

“58.—(1.) Transmissions from amateur stations shall be by such types of emission, and associated with such frequencies, as the Minister or an authorized officer determines from time to time.

(2.) A licence shall indicate the types of emission authorized and, where necessary, the frequencies on which they may be used.”.

Carrier wave to be modulated.

10. Regulation 61 of the Wireless Telegraphy Regulations is amended by inserting after the word “equipment” the words “on any frequency lower than One hundred and sixty-six megacycles “.

11. Regulation 64 of the Wireless Telegraphy Regulations is repealed and the following regulation inserted in its stead:—

Entertainment not to be transmitted.

“64. The licensee of an amateur station shall not transmit any form of entertainment.”.

Removal of equipment from licensed address.

12. Regulation 65 of the Wireless Telegraphy Regulations is amended by omitting the words “the Chief Inspector (Wireless)” and inserting in their stead the words “an authorized officer ”.

The Schedule.

13. The Schedule to the Wireless Telegraphy Regulations is amended by omitting the eighth and ninth items and inserting in their stead the following item:—

“For examination for Amateur Operator’s Certificate of

Proficiency and the issue thereof to a successful candidate 7 6”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1947, No. 129, under the Wireless Telegraphy Act 1905-1936, were enacted by the Governor-General on behalf of the Commonwealth of Australia and with the advice of the Federal Executive Council. This legislative instrument addresses the need to update and refine the regulatory framework governing wireless telegraphy in the post-war era, particularly in response to the evolving nature of amateur radio operations. The primary objective of these regulations is to establish clear guidelines and standards for the licensing and operation of amateur radio stations, ensuring they align with national security and communication efficiency standards. These amendments also reflect the shift in administrative responsibilities from the Naval Board to the Director, Commonwealth Investigation Service, indicating a change in oversight and control mechanisms within the wireless telegraphy sector.

Scope and Application

The Wireless Telegraphy Regulations, as amended by Statutory Rules 1947, No. 129, apply to the issuance of licences for amateur radio stations in Australia and the qualifications required for obtaining such licences. The regulations pertain to individuals and entities seeking to operate amateur radio stations, with a focus on ensuring that the operation is conducted within specified parameters and qualifications. The amendments introduce significant changes to the terminology, licensing processes, and operational standards for amateur radio operators, including the introduction of the term "amateur" instead of "experimental" and detailed requirements for obtaining an Amateur Operator’s Certificate of Proficiency. The regulations also address the issuance of certificates, the conditions under which licences may be granted, and the limitations on the use of amateur radio equipment. The scope of these regulations is national, applying across the Commonwealth of Australia. Notably, the regulations restrict the issuance of certain licences to non-aliens, requiring prior written consent from the Director, Commonwealth Investigation Service, unless an urgency is established. Furthermore, the regulations stipulate that amateur radio equipment must be used without pecuniary gain and impose restrictions on the power output of amateur transmitters, generally not exceeding one hundred watts unless approved by an authorized officer.

Key Provisions

The Wireless Telegraphy Regulations, as amended by Statutory Rules 1947 No. 129, introduce several significant changes to the regulatory framework governing amateur radio operations in Australia. The amendments primarily aim to refine and update the terminology and requirements for licensing and operating amateur radio stations, while also addressing issues related to certificates, examinations, and the use of amateur equipment. Section 1 of the amendments replaces the term "experimental" with "amateur" throughout the regulations, thereby aligning the terminology with current usage. Section 2 modifies Regulation 8, specifying that licences are not to be issued to aliens, and mandates that any such issuance must be authorised by the Director, Commonwealth Investigation Service, or a designated representative. Section 3 updates Regulation 40 to include the "Amateur Operator’s Certificate of Proficiency" and removes certain sub-regulations, introducing new provisions that outline the conditions under which certificates may be issued to non-citizens, the duration of the certificates, and the consequences of their loss, mutilation, or destruction. The obligations imposed by these regulations are multifaceted. Firstly, entities and individuals seeking to operate amateur radio stations must obtain the requisite certificates, which require passing an examination demonstrating knowledge of wireless telegraphy, wireless telephony, electrical principles, and relevant regulations. Secondly, the regulations impose a duty on authorised officers to ensure that any certificates issued to non-citizens comply with specific authorisation conditions. Additionally, the regulations mandate that amateur operators must not use their equipment for pecuniary gain and must adhere to strict limitations on transmitter power, typically not exceeding one hundred watts unless approved otherwise. Breaches of these regulations can result in various penalties and consequences. While the specific penalties are not detailed within the text, under the Wireless Telegraphy Act 1905-1936, penalties for non-compliance can include fines and, in severe cases, imprisonment. The seriousness of the penalties is likely commensurate with the nature and severity of the breach, such as operating without a valid licence, transmitting prohibited content, or exceeding specified power limits. These provisions underscore the importance of adhering to the regulatory framework to ensure the safe and proper use of amateur radio equipment.

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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.