Wireless Telegraphy Regulations (Amendment)

Overview

The Wireless Telegraphy Regulations 1928 (C1928L00079) were enacted to provide detailed regulations under the Wireless Telegraphy Act 1905-1919, ensuring the effective and safe management of wireless telegraphy in Australia. This legislative instrument was made by the Governor-General in accordance with the advice of the Federal Executive Council, aiming to address various issues and gaps in the existing regulatory framework. These regulations introduced measures such as the requirement for beacon lights on masts of certain heights, adjustments to the available revenue payable to licensees, and specific rules for the use of wireless telegraphy on foreign ships of war within Australian waters. The policy objective behind these regulations was to enhance the safety and efficiency of wireless communications, while also providing mechanisms for revenue management and control in the interest of national security and order.

Scope and Application

The Wireless Telegraphy Regulations, made under the Wireless Telegraphy Act 1905-1919, apply to all licensees of wireless telegraphy stations, particularly those with masts reaching three hundred feet or more above the ground. These regulations govern the installation and maintenance of beacon lights, the adjustment of available revenue payable to licensees, and the deduction from licence fees. They also cover the regulation of wireless telegraphy on foreign ships of war in Australian waters, requiring permission from the Senior Naval Officer and adherence to specific rules to prevent interference with naval, army, or air force signalling. The regulations extend to the entire Commonwealth of Australia and include provisions for the Governor-General to prohibit the use of wireless telegraphy on foreign ships in territorial waters during emergencies. The regulations are enforceable across all states and territories of Australia and are subject to amendments and adjustments as outlined in the statutory rules.

Key Provisions

The key operative sections of the Wireless Telegraphy Regulations involve specific requirements for the installation and maintenance of beacon lights on masts, adjustments to revenue payable to licensees, deductions from licence fees, changes to licence fees, and regulations governing wireless telegraphy on foreign ships of war. Section 14a mandates that the licensee of any station with masts reaching 300 feet or more above ground must install and maintain beacon lights on the masts. These lights must be visible from a distance of seven miles on a dark night and should be lit from sunset to sunrise and in foggy weather (14a(1)-(2)). Regulation 63 allows the Postmaster-General to deduct from the available revenue payable to a licensee if the licence is terminated or cancelled, if broadcasting programmes are temporarily ceased, or if the broadcast service is unsatisfactory (63). Additionally, regulation 67a permits the Postmaster-General to deduct up to five pence from each month of the currency for certain licences issued before January 1, 1928, with three pence allocated as per the Wireless Agreement Act 1927 and the remainder at the Postmaster-General’s discretion (67a(1)-(2)). Regulation 84 modifies the advance payment structure for ordinary licences, specifying new rates to be paid in full in advance (84(a)-(b)). Lastly, regulation 137a outlines rules for the use of wireless telegraphy on foreign ships of war within Australian waters, including restrictions on transmission and the requirement for permission from the Senior Naval Officer for ships in or near naval ports (137a(1)-(3)). The obligations imposed on the parties governed by these regulations are primarily centred on compliance with the specified requirements for beacon lights, licence fee adjustments, and adherence to the conditions set for wireless telegraphy use on foreign ships of war. Licencees with masts reaching 300 feet or more must ensure that appropriate beacon lights are installed and maintained, as per regulation 14a. The Postmaster-General has the authority to deduct from available revenue under specific circumstances as outlined in regulation 63, while regulation 67a allows for deductions from licence fees for certain licences. Regulation 84 necessitates the advance payment of specified licence fees. Furthermore, regulation 137a mandates that foreign ships of war must comply with the rules established by the Governor-General regarding the use of wireless telegraphy in Australian waters, including obtaining necessary permissions and adhering to transmission restrictions. The regulations also delineate consequences for breaches, although specific offences and penalties are not explicitly stated within the provided text. However, the authority granted to the Governor-General under regulation 137a to prohibit the use of wireless telegraphy on foreign ships in territorial waters in emergencies suggests that non-compliance with the stipulated rules could result in significant repercussions. Given that these regulations were established under the Wireless Telegraphy Act 1905-1919, it is reasonable to infer that breaches might incur penalties in line with the broader legislative framework, which could include fines or other sanctions as deemed appropriate by the authorities.