Wireless Telegraphy Regulations (Amendment)

Legislation au C2004L06368 Regulations Not in force Legislative Instrument

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Statutory Rules

1980 No. 188

REGULATIONS UNDER THE WIRELESS TELEGRAPHY ACT 19051

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 twenty-eighth day of June 1980.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

A. A. STALEY

Minister of State for Post and Telecommunications

 

Amendments OF the Wireless Telegraphy Regulations2

Commencement

 1. These Regulations shall come into operation on 1 July 1980.

Interpretation

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

 (a) by omitting the definition of “licensed equipment” in sub-regulation (1) and substituting the following definition:

“ ‘licensed equipment’ means equipment used in connection with a station in respect of which a licence is in force;”;

 (b) by omitting “or equipment” from the definition of “station” in sub-regulation (1); and

 (c) by adding at the end thereof the following sub-regulation:

 “(3) A reference in these Regulations to a private station is a reference to a station that is used solely for purposes other than business purposes.”.

Licence fees

 3. Regulation 7 of the Wireless Telegraphy Regulations is amended —

 (a) by omitting from sub-regulation (1) “the next two succeeding sub-regulations, the fee payable in respect of the grant or renewal of a licence is the fee” and substituting “this regulation, a fee is payable, in respect of each year in respect of which a licence is granted or renewed, at the rate”; and

 (b) by omitting from sub-regulation (1A) “The fee payable” and substituting “No fee is payable”;

 (c) by omitting from sub-regulation (1A) “, is Two dollars”; and

 (d) by inserting after sub-regulation (1A) the following sub-regulation:

 “(1B) Notwithstanding sub-regulation (1), where —

 (a) an application in respect of a licence is made by a person who is a member of an organization formed for purposes other than business purposes;

 (b) the application is in respect of a licence in respect of a private station that is to be operated in connection with the activities of the organization;

 (c) the application is lodged by the organization, together with not less than 24 other applications, each of which —

 (i) is of the kind referred to in paragraphs (a) and (b); and

 (ii) is in respect of the grant or renewal of a licence in respect of a period that commences on the same day; and

 (d) the application, together with the fee payable in respect of the grant or renewal, as the case requires, is lodged before the commencement of that period,

the fee payable in respect of the grant of the licence is the fee that would, but for this sub-regulation, be payable in respect of the licence, less an amount equal to 10 per cent of that fee.”.

 4. After regulation 7 of the Wireless Telegraphy Regulations the following regulation is inserted:

Handphone station licence

 “8. The licensee of a licence granted in respect of a handphone station or citizen band radio station shall not use more than 5 handphones in connection with the station.”.

Period of licence

 5. Regulation 9 of the Wireless Telegraphy Regulations is amended by omitting “one year” and substituting “3 years”.

Renewal of licences

 6. Regulation 11 of the Wireless Telegraphy Regulations is amended by omitting “a period not exceeding one year” and substituting “such period, not exceeding 3 years, as the Minister determines”.

Schedule

 7. The Schedule to the Wireless Telegraphy Regulations is repealed and the Schedule set out in the Schedule to these Regulations substituted.

 

 Schedule Sub-regulations 5 (1) and 7 (1)

CLASSES OF LICENCES AND FEES PAYABLE FOR LICENCES

Column 1

Item No.

Column 2

Class of Licence

Column 3

Rate per year of fee

 

 

$

1

Aeronautical station, private

25

2

Aeronautical station, not included in item 1

50

3

Aircraft station, private

20

4

Aircraft station, not included in item 3

30

5

Amateur station

15

6

Base station, private

25

7

Base station, not included in item 6

50

8

Citizen band radio station, private

20

9

Citizen band radio station, not included in item 8

40

10

Coast station

75

11

Earth station, private

25

12

Earth station, not included in item 11

75

13

Experimental station

30

14

Fixed outpost station

2

15

Fixed receiving station

12

16

Fixed station, private

25

17

Fixed station, not included in item 16

40

18

Handphone station, private

20

19

Handphone station, not included in item 18

25

20

Harbour mobile station, private

15

21

Harbour mobile station, not included in item 20

32

22

Interior paging service

50

23

Land mobile station, private

20

24

Land mobile station, not included in item 23

32

25

Limited coast station, private

25

26

Limited coast station, not included in item 25

50

27

Marine rescue station

2

28

Mobile outpost station

2

29

Novice amateur station

10

30

Paging station

12

31

Radiodetermination station

60

32

Radio-linked microphone service

20

33

Repeater station, private

25

34

Repeater station, not included in item 33

40

35

Ship station, private

20

36

Ship station, not included in item 35

32

Notes

1. Notified in the Commonwealth of Australia Gazette on 30 June 1980.

2. Statutory Rules 1942 No. 348 as amended by Statutory Rules 1943 No. 185; 947 No. 129; 1951 No. 19; 1954 No. 50; 1955 No. 1; 1958 No. 54; 1959 No. 65; 967 Nos. 110 and 170; 1972 No. 206; 1974 No. 173; 1975 No. 64; 1976 No. 222; 1977 No. 165; 1978 No. 25; 1979 Nos. 29 and 106; and by Act No. 85 of 1970.

Overview

The Wireless Telegraphy Regulations 1980 are a legislative instrument enacted by the Governor-General of the Commonwealth of Australia on the advice of the Federal Executive Council. These Regulations were made under the Wireless Telegraphy Act 1905 to provide detailed provisions governing the licensing and operation of wireless telegraphy stations in Australia. The primary objective of these Regulations is to ensure that the use of wireless telegraphy is controlled and managed effectively to prevent interference and ensure the safety and efficiency of wireless communications. The Regulations include provisions for the classification of different types of wireless stations, the fees associated with obtaining and renewing licenses, and the specific conditions under which certain types of stations may be operated. These Regulations came into effect on 1 July 1980, replacing the previous Wireless Telegraphy Regulations 1942 as amended.

Scope and Application

The Wireless Telegraphy Regulations 1980, which are statutory rules made under the Wireless Telegraphy Act 1905, govern the licensing and operation of wireless telegraphy stations in Australia. These regulations apply to any person or entity operating a wireless telegraphy station, encompassing a broad range of industries and conduct involving wireless communication technologies. The regulations set out the types of stations, the fees for different classes of licenses, the duration and renewal terms of licenses, and specific restrictions such as the maximum number of handphones that can be used in connection with a handphone or citizen band radio station. The regulations have a national reach as they are made under a Commonwealth Act, thus applying across the entire country. However, they do not explicitly state exclusions or thresholds, but the fee structure and specific licensing categories suggest implicit exemptions for certain types of operations or equipment. The application and enforcement of these regulations may be further defined or extended through subordinate instruments, such as guidelines or additional regulations issued by the relevant authorities.

Key Provisions

The Wireless Telegraphy Regulations 1980, made under the Wireless Telegraphy Act 1905, introduce several amendments to the existing regulations. For instance, Regulation 2 modifies definitions such as "licensed equipment" and "station," and introduces a new definition for "private station." Regulation 3 alters the fee structure, specifying that fees are payable annually for each year a licence is granted or renewed, with certain conditions for fee reductions (Section 3). Regulation 4 introduces a new rule limiting the number of handphones that can be used in connection with a handphone or citizen band radio station to no more than five (Section 4). Regulation 5 extends the period of a licence from one to three years, and Regulation 6 allows the Minister to determine the period of licence renewal, which can be up to three years (Sections 5 and 6). These regulations impose obligations on licensees and applicants for wireless telegraphy licences. For instance, licensees must ensure that they do not exceed the specified number of handphones for their station (Section 4). Applicants must comply with the new fee structure, which includes potential reductions under certain conditions (Section 3). The regulations also require organisations to adhere to specific conditions if they wish to benefit from reduced licence fees (Section 3(1B)). The regulations establish penalties and consequences for breaches. However, the specific penalties are not detailed within the provided text of the regulations. Generally, under the Wireless Telegraphy Act 1905, penalties for non-compliance can include fines and potential imprisonment, depending on the severity of the breach. For the most accurate and detailed information regarding penalties, one would need to consult the Wireless Telegraphy Act 1905 itself or other relevant legal authorities.

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Area of Law
Communications Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Licence Fees
Period of Licence

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