Statutory Rules 1981 No. 1391
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Wireless Telegraphy Regulations2 (Amendment)
I, THE ADMINISTRATOR of the Government 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 9 June 1981.
STANLEY BURBURY
Administrator
By His Excellency's Command,
IAN SINCLAIR
Minister of State for Communications
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Interpretation
1. Regulation 3 of the Wireless Telegraphy Regulations is amended—
(a) by inserting after the definition of "authorized station" in sub-regulation (1) the following definitions:
"'fixed station, Class A' means a fixed station, having a frequency below 30 megahertz, for use by a Commonwealth authority;
'fixed station, Class B' means a fixed station, having a frequency of 30 megahertz or higher, for use by a Commonwealth authority;"; and
(b) by adding at the end thereof the following sub-regulations:
"(4) For the purposes of these Regulations, the number of voice channels that a fixed station, Class B, is capable of carrying is the aggregate of the voice channels to be deemed to be carried in accordance with sub-regulation (5) by the transmitters or receivers that form part of that station.
"(5) A transmitter or receiver that has a bandwidth within a range specified in column 2 of an item in the table shall be deemed to carry the number of voice channels specified in column 3 of that item:
Column 1 | Column 2 | Column 3 |
Item | Bandwidth range in kilohertz | Voice channels |
1 | 16-800 (inclusive)..................... | 24 |
2 | 801-2 800 (inclusive)................... | 60 |
3 | 2 801-10 000 (inclusive)................. | 300 |
4 | 10 001-18 000 (inclusive)................ | 960 |
5 | 18 001-27 000 (inclusive)................ | 1 800 |
6 | 27 001-36 000 (inclusive)................ | 2 700 |
Licences
2. Regulation 5 of the Wireless Telegraphy Regulations is amended by inserting after sub-regulation (1a) the following sub-regulation:
"(1b) Where 2 or more licences are to be granted to the same person the licences may be granted in accordance with a combined form.".
Licence fees
3. Regulation 7 of the Wireless Telegraphy Regulations is amended by omitting from sub-regulation (1) "each year" and substituting "the period".
Licences to be in parts and to be exhibited
4. Regulation 10 of the Wireless Telegraphy Regulations is amended by adding at the end thereof the following sub-regulation:
"(5) A reference to a licence in sub-regulations (3) and (4) does not include a licence granted with other licences in a combined form.".
Schedule
5. The Schedule to the Wireless Telegraphy Regulations is amended by omitting item 17 and substituting the following items:
"17 | Fixed station not otherwise referred to......................... | 40 |
17A | Fixed station, Class A................................... | 200 |
17B | Fixed station, Class b, capable of carrying not more than 24 voice channels | 200 |
17C | Fixed station, Class b, capable of carrying more than 24 but not more than 60 voice channels | 300 |
17D | Fixed station, Class b, capable of carrying more than 60 but not more than 300 voice channels | 500 |
17E | Fixed station, Class b, capable of carrying more than 300 but not more than 960 voice channels | 1 000 |
17F | Fixed station, Class b, capable of carrying more than 960 but not more than 1 800 voice channels | 1 700 |
17G | Fixed station, Class b, capable of carrying more than 1 800 but not more than 2 700 voice channels | 2 500 |
17H | Fixed station/Class b, capable of carrying more than 2 700 but not more than 2 700 voice channels | 5 200 |
17J | Fixed station, Class b, capable of carrying more than 10 000 voice channels | 10 000 |
NOTES
1. Notified in the Commonwealth of Australia Gazette on 11 June 1981.
2. Statutory Rules 1942 No. 348 as amended by 1943 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; 1975 No. 64; 1976 No. 222; 1977 No. 165; 1978 No. 25; 1979 Nos. 29 and 106; 1980 No. 188; Act No. 85 of 1970.
Overview
The Wireless Telegraphy Regulations 1981 (Amendment) Statutory Rules were introduced to amend the Wireless Telegraphy Regulations 1942, providing a more detailed and structured approach to the regulation of wireless telegraphy in Australia. Enacted by the Administrator of the Government of the Commonwealth of Australia under the Wireless Telegraphy Act 1905, these regulations aimed to address the need for clearer definitions, streamlined processes for multiple licences, and more precise licence fee structures. By introducing categories for fixed stations based on their frequency and voice channel capacity, and by allowing for combined licence forms, the regulations sought to enhance efficiency and clarity in the licensing and operational aspects of wireless telegraphy services. The regulations were designed to ensure that the administration of wireless telegraphy aligns with contemporary technological and operational standards.
Scope and Application
The Wireless Telegraphy Regulations 1981, made under the Wireless Telegraphy Act 1905, apply to fixed stations used by Commonwealth authorities, defining them into classes based on their frequency. Specifically, "fixed station, Class A" refers to those operating below 30 megahertz, while "fixed station, Class B" pertains to those operating at 30 megahertz or higher. The Regulations set out detailed licensing requirements, including the ability to combine multiple licences into a single form when granted to the same person, and establish specific fees associated with different types of stations. Furthermore, the Regulations detail the number of voice channels that different transmitters or receivers can carry based on their bandwidth, which is categorised into several ranges. Additionally, the Regulations have been amended to adjust the frequency categories and associated fees, and they specify that combined licences do not need to be exhibited separately. These amendments apply nationally, across the Commonwealth of Australia, and are intended to streamline the licensing process for wireless telegraphy operations while ensuring appropriate fee structures based on station capabilities.
Key Provisions
The Wireless Telegraphy Regulations 1981, as amended, introduce several key provisions under the Wireless Telegraphy Act 1905. Regulation 3, which concerns definitions, now includes new terms such as "fixed station, Class A" and "fixed station, Class B" (1). These definitions specify the types of fixed stations used by Commonwealth authorities based on their frequency range. Furthermore, Regulation 3 introduces a method for determining the number of voice channels a Class B fixed station can carry based on the bandwidth of the transmitters or receivers (4, 5). Regulation 5, related to licences, now allows for the issuance of multiple licences to the same person in a combined form when more than one licence is required (2). Regulation 7 modifies the payment schedule for licence fees, changing the term from "each year" to "the period" (3). Regulation 10 further clarifies that a reference to a licence in sub-regulations (3) and (4) does not include licences granted in a combined form (5). Lastly, the Schedule to the Wireless Telegraphy Regulations updates the fee structure for various types of fixed stations based on their capability to carry voice channels (17, 17A-17J).
These regulations impose specific obligations on entities applying for wireless telegraphy licences and operating fixed stations. Entities must now adhere to the new definitions provided for different types of fixed stations (1) and calculate the number of voice channels based on the specified bandwidth ranges (4, 5). When applying for multiple licences, applicants can request them in a combined form (2). Additionally, they must adjust their fee payments to reflect the new term "the period" instead of "each year" (3). Entities must also ensure that their licences, when referenced in sub-regulations (3) and (4), are not included if they are part of a combined form (5). Finally, they need to be aware of the updated fee structure in the Schedule for different types of fixed stations (17, 17A-17J).
The Wireless Telegraphy Regulations 1981 do not explicitly state offences, penalties, or consequences for breach in the provided text. However, under the Wireless Telegraphy Act 1905, unauthorised use of wireless telegraphy equipment can lead to criminal charges. Offences under the Act can result in penalties, including fines and imprisonment. The specific maximum penalties would depend on the nature and severity of the breach, as outlined in the Wireless Telegraphy Act 1905. The absence of explicit penalties in the provided amendments suggests that existing provisions under the primary Act continue to apply unless otherwise specified.