History of wireless telegraphy and broadcasting in Australia/Topical/Legislation/C1922L00169/FRLI
STATUTORY RULES.
[edit | edit source]1922. No. 169.
REGULATIONS UNDER THE WIRELESS TELEGRAPHY ACT 1905-1919.
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 1905-1919, to come into operation from 1st December, 1922.
Dated this twentieth day of November, 1922.
FORSTER,
Governor-General.
By His Excellency’s Command,
W. M. HUGHES,
Prime Minister.
WIRELESS TELEGRAPHY REGULATIONS.
[edit | edit source]Part I.—Preliminary.
[edit | edit source]Short title.
[edit | edit source]1. These Regulations may be cited as the Wireless Telegraphy Regulations 1922.
Parts.
[edit | edit source]2. These Regulations are divided into Parts, as follows:—
Part I.—Preliminary.
Part II.—Licences—Classes and Conditions.
Part III.—Applications for Licences.
Part IV.—Working of Stations.
Part V.—Control of Communications and Appliances in Emergencies.
Part VI.—Proficiency Certificates for Operators and Watchers.
Part VII.—Miscellaneous.
Definitions.
[edit | edit source]3. In these Regulations, unless the contrary intention appears—
“Act” means the Wireless Telegraphy Act 1905-1919;
“Aircraft station” means a station on aircraft operated for the purpose of communicating with other authorized stations;
“Australian ship” means a ship registered in Australia;
“Authorized station” means a station in respect of which a licence is issued;
“British ship” means a British ship other than an Australian ship;
“Broadcasting station” means a station on land for the purpose of transmitting to an unlimited number of receiving stations and thereby disseminating news service or entertainment service;
“Coast station” means a station which is established on land or on board a ship permanently moored, and which is open for the transmission and receipt of messages by means of wireless telegraphy between land and ship stations or other coast stations;
“Department” means the Prime Minister’s Department;
“Experimental station” mean a station used solely for the purpose of instruction or demonstration in, or investigation into, wireless telegraphy;
“Foreign ship” means a ship other than an Australian ship or a British ship;
“Harbor” includes any harbor properly so called, whether natural or artificial, or any estuary, navigable river, pier, jetty, or other work in or at which a ship can obtain shelter, or ship or unship goods or passengers;
“Land station” means a station, not being a coast station, established on land for the purpose of communicating’ by means of wireless telegraphy with other stations;
“Licensed installation” means an installation at a station in respect of which a licence is issued;
“Licensee” means any person to whom a licence has been granted under these Regulations;
“Portable station” means a station in no fixed location capable of being removed from place to place and being operated in transit for the purpose of communication by wireless telegraphy with other authorized stations;
“Ship station” means a ship (not permanently moored) having installed thereon appliances for the transmission and receipt of messages by means of wireless telegraphy;
“Station” means a station for the transmission or receipt of messages by means of wireless telegraphy;
“Territorial waters” means the territorial waters of the Commonwealth and those of any Territory of the Commonwealth and includes harbors;
“The Radiotelegraphic Convention” means the Convention signed at London on the 5th day of July, 1912, and the Service Regulations made thereunder, and includes any modification of the Convention or Regulations made from time to time;
“The Secretary” means the Secretary, Prime Minister’s Department;
“The Controller” means the Controller of Wireless appointed by the Governor-General under the Commonwealth Public Service Act 1902-1918;
“Wireless Telegraphy” includes all systems of transmitting and receiving telegraphic or telephonic messages by means of electricity without a continuous metallic connexion between the transmitter and the receiver.
Part II.—Licences: Classes and Conditions.
[edit | edit source]Classes of Licences
[edit | edit source]4. (1) Licences granted under section 5 of the Act shall be in accordance with the forms in the Schedule to these Regulations, and may be—
(a) Coast station licences (Form 1);
(b) Ship station licences (Form 2);
(c) Land station licences (Form 3);
(d) Broadcasting station licences (Form 4);
(e) Experimental licences (transmitting and receiving) (Form 5);
(f) Experimental licences (receiving only) (Form 6);
(g) Portable station licences (Form 7); or
(h) Aircraft station licences (Form 8).
(2) Except with the consent of the Defence authorities, Licences shall not be granted to any person who is not a natural-born British subject or whose father was not a natural-born British subject at the date of that person’s birth or whose mother was at any time a subject of a state with which His Majesty was at war during the war which commenced on the fourth day of August, One thousand nine hundred and fourteen.
(3) A declaration of the secrecy of wireless communications shall be made in accordance with the form in the Schedule by all persons actually operating the licensed installation or having access to wireless communications.
Coast station licences.
[edit | edit source]5. (1) A coast station licence may be granted in respect of a station, situated in Australia, operated for the purpose of maintaining communication by wireless telegraphy with ship stations, land stations, or other coast stations.
(2) The licensed installation shall be operated by an operator holding the prescribed certificate of proficiency.
Ship station licences.
[edit | edit source]6. (1) A ship station licence shall be granted only in respect of a station or on an Australian ship for the purpose of communication with a coast station or any other ship station.
(2) Every ship station on an Australian ship shall be operated by an operator holding the prescribed certificate of proficiency:
Provided that the Minister may, on the recommendation of the Controller, authorize a ship station on a yacht or launch not plying for trade to be operated by a competent person approved by the Controller.
Land station licences.
[edit | edit source]7. (1) A land station licence may be granted in respect of a station for the purpose of communication between the land station and another land or coast station, or such station as may be approved by the Minister.
(2) The application shall indicate the stations with which it is desired to communicate, and communication with any other station will not be permitted except in cases of distress.
(3) The licensed installation shall be operated by a certificated operator or by a competent person who shall be approved by the Controller.
(4) Unless specially authorized by the Minister the licensed installation shall not be utilized for conducting commercial traffic constituting competition with the Postmaster-General’s telegraph and telephone services.
Broadcasting station.
[edit | edit source]8. (1) A broadcasting station licence may be granted in respect of a station operated for the purpose of disseminating news service or entertainment service.
(2) The licensed installation shall be operated by a certificated operator or by a competent person who shall be approved by the Controller and sign a declaration of secrecy of wireless communications.
(3) The station shall not be utilized for broadcasting advertising matter or commercial traffic.
(4) The station shall be equipped with receiving apparatus.
Experimental station.
[edit | edit source]9. (1) Experimental licences shall be of two classes, namely:—
(a) for transmitting and receiving, and
(b) for receiving only.
(2) They may be granted to technical schools and similar institutions, radio clubs approved by the Controller, and for instructional purposes or for purposes of scientific investigation of wireless telegraphy or wireless telephony phenomena.
(3) If an applicant is under 21 years of age the application shall be countersigned by a parent, guardian, or other approved person who will be responsible for the observance of the conditions of the licence.
(4) The applicant shall—
(a) indicate the nature and object of the experiments which he desires to conduct;
(b) satisfy the Controller of his technical qualifications to conduct experiments scientifically, and to adjust and control the apparatus he proposes to operate;
(c) if required, submit himself to such examination as the Controller directs, the fee for such examination being Five shillings; and
(d) where the application is for a licence to transmit and in such other cases as the Controller may decide be capable of operating at a speed of twelve words (Morse) per minute sending and receiving.
(5) Conditions with regard to wave-lengths, power, location of station, and other technical features as are necessary for the protection and safe working of commercial and Defence stations shall be determined by the Controller, and shall not be inconsistent with these Regulations.
(6) All apparatus used or intended to be used by the licensee shall be so erected, fixed, placed, and used as not, either directly or by reason of the working or user thereof, to interfere with the efficient and convenient working of Defence or commercial stations.
(7) The Controller may authorize the licensee in writing to operate his licensed installation at an address other than that shown in the licence.
(8) The Controller may grant a temporary permit for a demonstration of wireless telegraphy or telephony in connexion with lectures, entertainments, or any such proceeding calculated to assist the development or public appreciation of the art.
Portable station.
[edit | edit source]10. (1) A portable station licence shall be granted only in special cases within the discretion of the Minister or the Controller, and the power for transmitting shall not normally exceed 10 watts.
(2) In no case will it be permissible to transact, by means of the station, business which constitutes competition with the Postmaster-General’s telegraph or telephone services or commercial wireless services.
(3) The licensee shall be a holder of an operator’s certificate of proficiency, or shall be a person certified by the Controller as being competent to operate the station efficiently.
(4) The applicant shall state the station or stations he desires to communicate with, and communication with no other station or stations will be permitted, except in cases of distress.
Aircraft station.
[edit | edit source]11. (1) An aircraft station licence shall be issued in respect of a station installed on aircraft for purposes of communication with other authorized stations.
(2) The station shall be operated by a competent person authorized by the Controller.
(3) The applicant shall state the station or stations with which it is desired to communicate normally.
Period of licence.
[edit | edit source]12. A licence shall be for a period of one year from the date thereof, and may be renewed from time to time.
Fees for licences.
13. (1) The following fees shall be payable for each year or portion of a year during which any licence is in force:—
(a) for a coast station licence—One pound;
(b) for a ship station licence—One pound;
(c) for a land station licence—One pound;
(d) for a broadcasting station licence—Five pounds;
(e) for an experimental licence (transmitting and receiving)—One pound;
(f) for an experimental licence (receiving only)—Ten shillings;
(g) for a portable station licence—One pound;
(h) for an aircraft station licence—One pound.
Provided that the Minister may grant any licence free of charge to Amalgamated Wireless (Australasia) Limited pursuant to the agreement made on 28th March, 1922, between the Commonwealth and Amalgamated Wireless (Australasia) Limited.
(2) The fees under this regulation shall be paid in advance.
Condition as to syntony.
[edit | edit source]14. Before any licence is granted, the applicant shall satisfy the Minister or the Controller that the wireless telegraphy apparatus or appliances to be worked in pursuance of the licence comply with the regulations for the time being in force governing syntony and wave-length.
Provision as to secrecy.
[edit | edit source]15. Notwithstanding anything contained in any experimental or instructional licence granted prior to the making of these Regulations, neither the licensee under an experimental licence nor any person acting on his behalf or by his permission shall divulge to any person (other than properly authorized officials of the Commonwealth of Australia or a competent legal tribunal), or make any use whatever of any message coming to the knowledge of the licensee or any such person by virtue of the licence. See also Regulation 4 (3).
Licences to be in parts.
[edit | edit source]16. (1) Every licence (except a ship licence) shall be made out in duplicate.
(2) A ship licence shall be in three parts: two parts shall be issued to the licensee and the other retained in the Department.
Licence to be exhibited.
[edit | edit source](3) One part of the licence shall be exhibited in the room where the licensed apparatus is installed. In the case of a portable station or aircraft station a card in accordance with the form in the Schedule shall be carried.
Renewal of Licences.
[edit | edit source]17. (1). A licence may be renewed by writing thereon or attaching thereto a memorandum stating the period for which it is renewed, signed by the Minister, the Secretary, or the Controller.
(2) The memorandum shall be written on each part of the licence, but in, the case of the licensee’s part it shall be in the form of an official receipt for the renewal fee signed by the Minister or the Controller, or by any person authorized to receive moneys on behalf of the Department.
(3) The receipts shall be attached by the licensee to the part or parts of the licence in his possession.
Revocation of licence.
[edit | edit source]18. The Minister may, by notice in writing, revoke and determine any licence, on the ground of the licensee having failed to comply with any regulation for the time being in force under the Act or on any other ground specified in the licence.
Licences issued by Minister for Navy or Postmaster-General.
[edit | edit source]19. Licences issued by the Minister for the Navy under the Naval Defence Act 1910-1918 or by the Postmaster-General under the Act, and in force at the date of the commencement of these Regulations, shall continue as if issued in pursuance of these Regulations.
Part III.—Applications for Licences.
[edit | edit source]Coast station.
[edit | edit source]20. An application for a coast station licence shall be in writing and contain the following particulars:—
(a) Name of station;
(b) Latitude and longitude;
(c) Source of power and maximum power taken by transmitter;
(d) Normal range in nautical miles—(a) by day, (b) by night;
(e) System of wireless telegraphy to be used, with characteristics of the system of emission;
(f) Type of aerial;
(g) Wave-lengths (in metres) of transmitter;
(h) Nature of services performed;
(i) Hours of service; and
(j) Coast station charge.
Ship station.
[edit | edit source]21. An application for a ship station licence shall be in writing, and contain the following particulars:—
(a) The name of the ship in respect of which the licence is applied for;
(b) The port in Australia at which the ship is registered;
(c) Route or service in which engaged;
(d) Number of normal crew carried;
(e) Number of passengers as per passenger certificate;
(f) Number of operators and watchers;
(g) Hours of service;
(h) Gross tonnage;
(i) The system of wireless telegraphy to be used on the ship;
(j) Normal range of signalling in nautical miles—(a) by day, (b) by night;
(k) Description of transmitting apparatus including spark frequency and type of discharger;
(l) Description of receiving apparatus;
(m) Wave-lengths (in metres) of transmitter;
(n) Source of and maximum power;
(o) Maximum power taken by transmitting apparatus in amperes and volts;
(p) If alternator is used, number of cycles per second;
(q) Particulars of emergency apparatus showing primary power in volts and amperes and source of energy (capacity of storage battery to be stated if employed); and
(r) Ship station charge.
Land station.
[edit | edit source]22. An application for a land station licence shall be in writing, and contain the following particulars:—
(a) The locality of the station in respect of which the licence is applied for;
(b) The name of the owner of the property on which the station is situated, and whether the applicant is owner or lessee;
(c) A description of the system of wireless telegraphy to be use (transmitter and receiver), including source of power and maximum power taken by transmitter;
(d) Type of aerial;
(e) Wave-lengths (in metres) of transmitter;
(f) Source of and maximum power;
(g) Maximum power taken by transmitter;
(h) Name of station or stations with which it is desired to communicate;
(i) Normal range of signalling (in miles)—(a) by day, (b) by night; and
(j) Charges for service.
Broadcasting station.
[edit | edit source]23. An application for a broadcasting station licence shall be in writing and contain the following particulars:—
(a) The locality of the station in respect of which the licence is applied for;
(b) The name of the owner of the property on which the station is situated, and whether the applicant is owner or lessee;
(c) A description of the system of wireless telegraphy to be used (transmitter and receiver);
(d) Type of aerial;
(e) Wave-length (in metres) to be utilized in broadcasting;
(f) Source of and maximum power;
(g) Maximum power taken by transmitter;
(h) Brief particulars of service to be broadcasted and times of transmission; and
(i) Charges to be made for service.
Experimental station.
[edit | edit source]24. An application for an experimental licence transmitting and receiving or receiving only shall be in writing, and set out the following particulars:—
(a) Name in full, age, address, technical training or qualifications, present occupation, nationality, and parents’ nationality;
(b) If the applicant is under 21 years of age the application shall be countersigned by a parent, guardian, or other approved person;
(c) The scientific, technical, practical, or other grounds upon which it is desired to obtain a licence;
(d) Complete diagram of connexions and description of the apparatus it is intended to use; and
(e) A statutory declaration regarding the secrecy of wireless communications.
Portable station.
[edit | edit source]25. An application for a portable station shall be in writing, and shall set out the following particulars:—
(a) Name and address and age of applicant;
(b) The purposes for which the proposed station is to be utilized;
(c) The area within which it is proposed to transport and operate the station;
(d) The station or stations with which it is desired to communicate;
(e) Complete description (with diagram of connexions) of the apparatus to be utilized in the proposed station; and
(f) A statutory declaration regarding the secrecy of wireless communications.
Aircraft station.
[edit | edit source]26. An application for an aircraft station licence shall be in writing, and shall set out the following particulars:—
(a) Name and address of applicant;
(b) Route of service on which aircraft is engaged;
(c) Description of system of wireless telegraphy to be utilized;
(d) Normal range of signalling in miles—(a) by day, (b) by night;
(e) Wave-length of transmitter;
(f) Source of power and maximum power taken by transmitter;
(g) Station with which it is desired to communicate; and
(h) A statutory declaration regarding the secrecy of wireless communications.
Further particulars to be supplied if required.
[edit | edit source]27. Before granting any licence the Minister or Controller may require the applicant to furnish such additional particulars as he thinks necessary.
Part IV.—Working of Stations.
[edit | edit source]Application of the Radiotelegraphic Convention and Regulations.
[edit | edit source]28. The provisions of the Radiotelegraphic Convention and the Service Regulations for the time being in force thereunder, so far as such Convention and Regulations are applicable, shall apply to all wireless telegraphy installations available for the transmission or receipt of messages, or wireless communications whether installed by the Commonwealth or under licence, and to all messages handled by those installations, and every licensee shall comply therewith.
Type of installation on ship station.
[edit | edit source]29. (1) In cases of ship stations there shall be a normal installation and an emergency installation, except that where the normal installation complies with the requirements of this regulation as to emergency installations as well as those as to normal installations a normal installation alone will suffice.
Range of normal installation.
[edit | edit source](2) A normal installation must be capable of transmitting clearly perceptible signals from ship to ship over a range of at least 100 nautical miles by day under normal conditions and circumstances.
Range of emergency installation.
[edit | edit source](3) An emergency installation must include an independent source of energy capable of being put into operation rapidly and of working for at least six continuous hours with a minimum range from ship to ship of 80 nautical miles for ships of Class I., as defined in Navigation (Wireless Telegraphy) Regulations 1921 (being Statutory Rules 1921, No. 104 as amended from time to time), and 50 nautical miles for ships of Classes II. and III., as so defined, and such independent source of energy must be capable of being worked for at least six continuous hours independently from the source of propelling power for the ship, the steam supply system, and the main electricity supply system.
Means of ascertaining compliance with this regulation.
[edit | edit source](4) For the purposes of this regulation an installation shall be deemed to comply with the requirements of the last preceding sub-regulation as to range if it is able to maintain communication on a 600-metre wave at a range of one and a half times the number of nautical miles hereinbefore respectively prescribed over sea by day with a coast station when employing a receiver without amplification devices.
Communications between ship and coast stations.
[edit | edit source]30. When communications are made by means of wireless telegraphy between a ship (whether Australian, British, or foreign) in territorial waters and a coast station, the rules in force for the working of wireless telegraphy at the coast station shall be observed, such rules being in accordance with the Radiotelegraphic Convention.
Decrement and coupling.
[edit | edit source]31. (1) The waves emitted by any station licensed in Australia must be as little damped as possible, and in no case shall the logarithmic decrement of a complete oscillation exceed two-tenths, except when sending distress signals or signals or messages relating thereto.
(2) The coupling between the primary and secondary of the oscillation transformer shall not be closer than that which gives a difference of 5 per cent. between the mean wave-length and either of the two waves emitted by the coupled circuits.
Receivers on ship stations.
[edit | edit source]32. All vessels licensed under the Act, which are fitted with wireless telegraphy installations, and which trade in the territorial waters of the Commonwealth or adjacent islands under Commonwealth control, shall be equipped with tuned crystallite receivers or receivers of the thermionic valve type of such a character as to afford the greatest protection from interference during the reception of signals.
Spare parts to be carried on ship stations.
[edit | edit source]33. A reasonable number of such spare parts of both the main and emergency apparatus as are subject to undue wear or deterioration and one extra pair of head telephones, extra cords, extra detectors, battery-testing instruments, and distilled water shall always be available in ship stations.
Availability of power for ship stations.
[edit | edit source]34. Power for the operation of the main equipment shall be available on all vessels licensed in Australia during the periods a watch is maintained in accordance with Schedule 1 of the licence or the Navigation (Wireless Telegraphy) Regulations (being Statutory Rules 1921, No. 104, as amended from time to time).
Powers of master.
[edit | edit source]35. (1) The master of a vessel shall have the right to censor all messages addressed to or transmitted by a station on board the vessel under his control, but the master shall not divulge to any person (other than the properly authorized officials of the Government or a competent legal tribunal) or make any use whatever of any message coming to his knowledge through the exercise of the censorship, nor shall the master or any operator divulge to any person (other than the properly authorised officials of the Government or a competent legal tribunal) or make any use whatever of any message (other than a message of distress) coming to his knowledge and not intended for the said station.
Secrecy of correspondence to be maintained.
[edit | edit source](2) Any master or person employed on a ship having access to wireless messages shall make a statutory declaration regarding the secrecy of wireless communications.
Interference to be avoided.
[edit | edit source]36. (1) The wireless telegraphy appliances on board any ship (whether Australian, British, or foreign) in territorial waters or in any station shall be worked in such a way as not to interrupt or interfere with—
(a) Naval or Military signalling; or
(b) the transmission of messages between other wireless telegraph stations.
Definition of Naval and Military signalling.
[edit | edit source](2) In this regulation “Naval or Military signalling” includes signalling or communicating, by means of any system of wireless telegraphy, by the King’s Imperial or Dominion Naval or Military Forces.
(3) Prompt compliance with any instructions or standard code signal transmitted by Commercial or Defence stations indicating that all experimental transmitting stations must cease operating for a stated period shall be given by all licensees of experimental or portable stations.
Superfluous signalling prohibited.
[edit | edit source]37. (1) The transmission of superfluous signals by any station is absolutely prohibited; trials and practices are forbidden except under such circumstances as to preclude the possibility of interference with other stations.
(2) No person shall transmit or make a signal containing profane words or language, or transmit improperly the call sign of another station or any signals not necessary for the conduct of experiments or traffic.
Ship stations not to signal while moored.
[edit | edit source]38. Except by permission of the Minister or persons authorized by him the wireless telegraphy appliances on board any Australian ship, British ship, or foreign ship (other than a ship of war) shall not be worked or used while the ship is moored to any wharf or pier in Australia:
Provided that any ship anchored or moored in accordance with the provisions of the Quarantine Act 1908-1920 or any regulations thereunder may use wireless apparatus for purpose of communication with a coast station when no alternative method of electrical communication is available.
Powers of inspection.
[edit | edit source]39. The Minister or any person authorized in writing by the Minister or the Controller may at all reasonable times enter upon any station on which wireless telegraphy appliances are installed, or are in course of being installed, in pursuance of a licence, and may examine or test the appliances and the working and user thereof. See also Regulation 53.
Part V.—Control of Communications and Appliances in Emergencies.
[edit | edit source]Powers of Defence Authorities.
[edit | edit source]40. (1) In cases of emergency, of which the Minister shall be the sole judge, the Naval Board or any officer in command of any ship of war of His Majesty’s Navy (whether Imperial or Dominion), or any officer in command of any part of the Defence Force, may—
(a) take possession of any wireless telegraph appliances installed on any station in pursuance of a licence, and use such appliances for the King’s service; or
(b) place any person in control of any such appliances; or
(c) direct the licensee or person in charge of the appliances to submit to him all or any messages tendered for transmission or received by means of the appliances; or
(d) stop or delay or direct the licensee or person in charge of the appliances to stop or delay the transmission or delivery of any such messages or to deliver them to him; or
(e) direct the licensee or person in charge of the appliances to comply with all such directions as he thinks fit to give with reference to the transmission or receipt of messages by means of the appliances.
(2) Every licensee and every person in charge of any wireless telegraphy appliances installed in pursuance of a licence shall comply with this regulation, and all directions issued in pursuance thereof.
(3) Reasonable compensation shall be payable to the licensee for any damage to the appliances arising in consequence of the exercise of the powers conferred by this regulation.
(4) The Minister may, notwithstanding, anything contained in a licence issued to a licensee under these Regulations, by order published in the Gazette, prohibit for such time as he directs any licensee from communicating with any station licensed by, or belonging to, or in any country which is at war with His Majesty the King or the possessions thereof.
(5) Any order under sub-regulation (e) of this regulation may prohibit all communications whatever or may prohibit communications to particular stations or under special circumstances.
Use of apparatus on foreign ships.
[edit | edit source]41. (1) The use of wireless telegraphy appliances on board any foreign ship of war while in any harbor in Australia shall be subject to such rules (whether prohibitive or regulative) as the Governor-General thinks fit to make.
(2) If at any time an emergency has arisen in which it is expedient that the Commonwealth Government should have control over the transmission of all messages by wireless telegraphy, the Governor-General may by notice in the Gazette prohibit for such period as he thinks necessary the use of wireless telegraphy on board foreign ships in territorial waters.
Part VI.—Proficiency Certificates for Operators and Watchers.
[edit | edit source]Ship and coast stations to have certificated operators.
[edit | edit source]42. Every ship station and coast station in respect of which a licence is issued shall be operated by a person or persons holding a certificate of proficiency in accordance with the form in the Schedule, or certificates of proficiency issued after examination by the Minister or person authorized in that behalf by the Minister, or by the Postmaster-General of the United Kingdom, or by the proper authority in any part of the British Empire.
Conditions as to certificates.
[edit | edit source]43. Certificates of proficiency shall be issued to candidates over eighteen years of age who have passed an examination which shall include the requirements of Article 10 of the Service Regulations appended to the International Radiotelegraph Convention and the Handbook for Wireless Telegraph Operators issued by the Postmaster-General of the United Kingdom.
Examinations for certificates.
[edit | edit source]44. The certificates shall be of two classes, namely:—
First Class Certificate.
[edit | edit source](a) First Class, indicating a satisfactory knowledge with regard to—
(i) The adjustment of the apparatus and knowledge of the working thereof.
(ii) Transmitting and receiving by sound at a speed which must not be less than twenty words per minute (five letters being counted as one word).
(iii) Knowledge of the regulations applying to the exchange of radiotelegraphic communications.
Second Class Certificate.
[edit | edit source](b) Second Class, indicating a satisfactory knowledge with regard to—
(i) The adjustment of the apparatus and knowledge of the working thereof.
(ii) Transmitting and receiving by sound at a speed of twelve to nineteen words per minute (five letters being counted as one word).
(iii) Knowledge of the regulations applying to the exchange of radiotelegraphic communications.
Fees for examination and certificate.
[edit | edit source]45. (1) A fee of Ten shillings shall be paid by the candidate on each occasion on which the candidate is examined.
(2) A certificate of proficiency may be issued at a charge of Five shillings to each candidate who satisfactorily passes the prescribed examination, and in the event of a certificate being lost a fee of Ten shillings shall be paid for the first copy of the certificate, One pound for the second copy, and Two pounds for any subsequent copies.
Provided that the Minister may authorize the issue of a duplicate or copy of a certificate without charge where it has been shown that the original certificate has been lost or destroyed in circumstances over which the holder had no control.
Re-examination of unsuccessful candidate.
[edit | edit source]46. In case of failure a candidate shall not ordinarily be re-examined in any system until after the lapse of three months.
Minister may withdraw, cancel, or suspend certificates.
[edit | edit source]47. If a person to whom a certificate of proficiency has been issued by the Minister—
(a) is convicted of a criminal offence; or
(b) is, on account of incompetence, or for any other reason, considered by the Minister to be unsuitable to continue to hold the certificate, the Minister may withdraw, cancel, or suspend the certificate.
Certificates issued by Minister for Navy and Postmaster-General.
[edit | edit source]48. Certificates of proficiency issued by the Minister for the Navy under the Naval Defence Act 1910-1918 and by the Postmaster-General under the Act and in force at the date of the commencement of these Regulations, shall continue in force as if issued in pursuance of these Regulations.
Certificates to be exhibited in ship station.
[edit | edit source]49. (1) The certificate of proficiency held by each operator shall be exhibited in the wireless room in respect of ship stations on which they are serving.
(2) In other stations the certificates of operators shall be available for inspection by the Controller or officer authorized by him.
Watchers’ Proficiency Certificates.
[edit | edit source]50. (1) Every person acting as a Wireless Telegraphy Watcher, in accordance with the provisions of section 231 of the Navigation Act 1912-1920, shall hold a certificate of proficiency as a Watcher in accordance with the form in the Schedule issued by the Minister or person authorized in that behalf by the Minister, or by the Postmaster-General of the United Kingdom, or by the proper authority in any part of the British Empire, certifying that the holder is capable of receiving and understanding the Radiotelegraph Distress Signal and the Alarm Signal, and has sufficient knowledge of the apparatus on which he will be required to keep watch, to know, by means of a buzzer or other simple test, that it is in proper condition to receive signals.
(2) A certificate of proficiency as a Watcher shall not be issued to any person under sixteen years of age.
(3) A fee of Five shillings shall be paid by the candidate on each occasion on which he is examined.
Nationality of operators and watchers.
[edit | edit source]51. (1) Except with the consent of the Defence Authorities, a certificate of proficiency in accordance with Form 9 or 10 in the Schedule to these Regulations shall not be granted to any person who is not a natural-born British subject or whose father was not a natural-born British subject at the date of that person’s birth, or whose mother was at any time a subject of a State with which His Majesty was at war during the war which commenced on the fourth day of August, One thousand nine hundred and fourteen.
(2) In case of urgency a special certificate may be granted to Watchers of other than British Nationality for one voyage only.
Part VII.—Miscellaneous.
[edit | edit source]Use of wireless telegraphy for Defence purposes.
[edit | edit source]52. These Regulations shall not prevent the use, without licence, by the Defence Authorities of wireless telegraphy for Defence purposes:
Provided that each wireless telegraphy installation (other than a mere temporary installation) to be used shall be authorized in writing by the Minister.
Seizure of apparatus installed without licence.
[edit | edit source]53. If a justice of the peace is satisfied by information on oath that there is reasonable ground for supposing that a wireless telegraphy station has been established, or that any apparatus for wireless telegraphy has been installed or worked in any place or on board any ship within his jurisdiction, without a licence in that behalf, he may grant a search warrant to any police officer or officer appointed in that behalf by the Minister or the Controller and named in the warrant, and a warrant so granted shall authorize the officer named therein to enter and inspect the station, place, or ship, and to seize any apparatus which appears to him to be used or intended to be used for wireless telegraphy therein.
Sale of apparatus to unlicensed persons.
[edit | edit source]54. (1) No person or firm shall sell or supply wireless telegraphy or telephony apparatus to any person unless and until the person requiring the apparatus produces evidence that he is in possession of or is about to obtain a licence as prescribed in these Regulations.
Penalty: Ten pounds.
(2) All purveyors of wireless telegraphy and telephony apparatus shall accordingly keep a register of sales of the apparatus, which register shall be available for inspection by the Controller or officer appointed by him, such register to be in accordance with the form prescribed in the Schedule.
Penalty for non-compliance: Ten pounds.
Detained appliances.
[edit | edit source]55. (1) In this regulation “detained appliances” means an appliance for the purpose of transmitting or receiving messages by means of wireless telegraphy which was taken into possession or control by or on behalf of the Commonwealth during the existence of the state of war which commenced on the fourth day of August, One thousand nine hundred and fourteen.
(2) Any detailed appliance may be returned to a person who satisfies the Minister or any officer authorized by the Minister that he is entitled to delivery of the appliance.
(3) Notification may be given in the Gazette or by registered post to the person from whom the detained appliance was received requiring him to attend at the place where the appliance is stored and to take delivery thereof within a time fixed by the notification.
(4) If a person entitled to delivery fails to remove the appliance within the time specified in the notice, or if the Minister or the officer authorized by the Minister is satisfied that any person so attending is not entitled to delivery thereof, the appliance may be sold either by public auction or private contract at the owner’s risk.
(5) The net proceeds of the sale, after deduction of all expenses of sales, may be paid to any person who satisfies the Minister that he is entitled to the net proceeds.
Repeal.
[edit | edit source]56. (1) The Wireless Telegraphy Regulations 1920 (being Statutory Rules 1920, No. 256, as amended by Statutory Rules 1921, No. 127 and 210, and by Statutory Rules 1922, Nos. 3 and 42) are hereby repealed.
(2) Notwithstanding the repeal of the regulations mentioned in the last preceding sub-regulation, the rates provided by those Regulations immediately prior to the repeal shall, subject to any alteration made in pursuance of the agreement made on the 28th March, 1922, between the Commonwealth of Australia and Amalgamated Wireless (Australasia) Limited, be the rates to be charged for messages transmitted or received by wireless telegraphy within the Commonwealth, or between the Commonwealth and any Territory under the authority of the Commonwealth, or between any such Territories.
THE SCHEDULE.
[edit | edit source]Commonwealth of Australia.
Form 1.
COAST STATION LICENCE.
Dated 19 .
To all to whom these Presents shall come, I, the Honorable the Minister, or Member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919, send greeting:
WHEREAS of in the State of (hereinafter called “the Licensee”) is desirous of establishing, erecting, maintaining, and using at belonging to the Licensee appliances for the purpose of transmitting and receiving messages by means of wireless telegraphy:
AND WHEREAS by the Wireless Telegraphy Act 1905-1919 of the Commonwealth of Australia it is enacted that licences to establish, erect, maintain, and use stations and appliances for the purpose of transmitting or receiving messages by means of wireless telegraphy may be granted by the Minister or Member of the Executive Council for the time being administering the Act, for such terms and on such conditions and on payment of such fees as are prescribed:
AND WHEREAS the Licensee has made application for this Licence and has paid the prescribed fee payable in respect thereof:
NOW I, the Minister or Member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919 aforesaid, in pursuance of the Wireless Telegraphy Act 1905-1919, and in exercise of all powers and authorities enabling me in this behalf, do hereby grant to the Licensee during the term or period commencing on the day of , 19 , and terminating on the day of , 19 , licence and permission—
(i) To establish, erect, and instal and maintain, work, and use for the purposes hereinafter mentioned at the coast station specified in the First Schedule hereto, appliances or apparatus for wireless telegraphy of the kind used in the system known as the system of wireless telegraphy (which apparatus is hereinafter referred to as. “the licensed installation”).
Provided that—
(a) The apparatus installed shall be of the character specified in the said First Schedule;
(b) A complete scheme of the connexions intended to be employed shall be supplied by the Licensee;
(c) The transmitting apparatus used on the coast station shall be of such a character that the waves emitted are as pure and little damped as possible and the receiving apparatus used at the said station shall be of such a character as to afford the greatest possible protection from disturbance during the reception of signals ;
(d) The licensed installation shall be so constructed as to be capable of using wave-lengths of 300 and 600 meters in length as measured by the standard of measurement in use by the Post Office in the United Kingdom for the time being and may have such other wave-lengths as shall be authorized in writing from time to time by the Minister or the Controller;
(e) The speed of transmission and reception of messages shall not in normal circumstances be less than twenty words a minute, five letters being counted as one word.
(ii) To transmit and receive messages by means of the licensed installation between the said coast station and ship stations, and/or land stations. Provided that the transmission and receipt of messages from and at the said coast station shall be subject to the Regulations under the Wireless Telegraphy Act 1905–1919; and
(iii) To receive money or other valuable consideration for or in respect of the use of the licensed installation, or for or in respect of the transmission or receipt of messages by means of the said installation.
Interpretation clause.
[edit | edit source]AND I do hereby declare that the said licence and permission is granted on and subject to the following conditions and provisions:—
1. In these presents (and in the First Schedule hereto) the following words and expressions shall have the several meanings hereinafter assigned to them unless there be something either in the subject or contest repugnant to such construction (that is to say):—
The expression “wireless telegraphy” has the same meaning as in the Wireless Telegraphy Act 1905-1919.
The term “telegraph” has the same meaning as in the Telegraph Act 1869 of the United Kingdom.
The expression “naval signalling” means signalling by means of any system of wireless telegraphy between two or more ships of His Majesty’s Navy between ships of His Majesty’s Navy and Naval Stations or between a ship of His Majesty’s Navy or a Naval Station and any other wireless telegraph station, whether a coast station or a ship station.
The expressions “the International Telegraph Convention” and “the International Telegraph Regulations” mean respectively the International Convention of St. Petersburg, dated the 10th-22nd July, 1875, and the Service Regulations made thereunder, and include respectively any modifications of the Convention or Regulations made from time to time.
The expression “the Radio-telegraphic Convention 1912” means the Convention signed at London on the 5th day of July, 1912, and the Service Regulations made thereunder, and includes any modification of the Convention or Regulations made from time to time.
The expression “coast station” means a station which is established on land or on board a ship permanently moored, and which is open for the transmission and receipt of messages by means of wireless telegraphy between land and ship stations or other coast stations.
The expression “land station” means a station, not being a coast station, established on land for the purpose of communicating by means of wireless telegraphy with other stations.
The expression “ship station” means a wireless telegraph station established on board a ship which is not permanently moored.
The term “The Controller” means the Controller of Wireless.”
Restrictions on use of installation.
[edit | edit source]2. The licensed installation shall not be used by the Licensee or by any other person, either on behalf or by permission of the Licensee, for the transmission or receipt of messages except messages authorized by this Licence.
Protection or naval signalling.
[edit | edit source]3. (1) The Licensee shall not by the transmission of any message by means of the licensed installation or otherwise by the use of the licensed installation interfere with naval signalling.
(2) Stations using wave-lengths other than those set apart for Naval purposes shall not emit any subsidiary waves or harmonics likely to interfere with naval or other wavelengths in the vicinity.
(3) If the Minister is of opinion that the working of the licensed installation specified in the First Schedule hereto is inconsistent with the free use of naval signalling, the Licensee shall, when required in writing by the Minister so to do, close the station.
(4) These provisions for the protection of naval signalling shall be construed to be without prejudice to the generality of any other provisions of this Licence.
Licensee to observe International Telegraph Convention and Regulations.
[edit | edit source]4. For the purpose of this Licence, the Licensee shall observe the International Telegraph Convention and the International Telegraph Regulations so far as the said Convention and Regulations are capable of being applied to wireless telegraphy in common with ordinary land and submarine telegraphy.
Licensee to observe Regulations as to wireless telegraphy.
[edit | edit source]5. The Licensee shall observe the provisions of any Regulations from time to time made under the Wireless Telegraphy Act 1905-1919 so far as the same are applicable to the Licensee.
Radio-telegraphic Convention to be observed.
[edit | edit source]6. The Licensee shall observe the provisions of the Radio-telegraphic Convention 1912.
As to interference.
[edit | edit source]7. The Licensee shall comply with all such directions and observe all such rules as may be given or made by the Minister or the Controller from time to time for the purpose of preventing interference with the working of any other wireless telegraph station and for enabling the messages exchanged by means of the licensed installation to be distinguished from those emanating from any other wireless telegraph station.
Alteration of apparatus.
[edit | edit source]8. The licensed installation shall not, without the consent of the Minister or the Controller, be altered or modified in respect of any of the particulars mentioned in the Schedules hereto.
Indemnity of Minister.
[edit | edit source]9. The Licensee shall at all times indemnify the Minister against all actions, claims, and demands which may be brought or made by any corporation, company, or person in respect of any injury arising from any act licensed or permitted by these presents.
Messages to be transmitted without favour or preference.
[edit | edit source]10. (1) Subject to the provisions of this Licence, the Licensee shall transmit messages by means of the licensed installation on equal terms without favour or preference, whether as regards rates of charge, order of transmission, or otherwise: Provided always that signals of distress and messages in connexion therewith shall receive priority over all other messages and that the order of transmission of such other messages shall be governed by the International Telegraph Regulations.
(2) In respect of messages transmitted on behalf of His Majesty’s Government or the Government of the Commonwealth the Licensee shall charge rates not in excess of half of the rates charged to the ordinary public.
Licensee to receive signals of distress.
[edit | edit source]11. The Licensee or persons employed thereby shall, so far as possible, receive from ships and light stations all requests for assistance and all signals of distress, and shall answer such requests and signals and re-transmit them with the least possible delay to the proper authorities by means of the licensed installation or any other means in the power of the Licensee.
As to persons employed to work station.
[edit | edit source]12. The licensed installation at the said coast station shall be worked only by a person or persons holding a certificate or certificates of proficiency issued by the Minister or by the Postmaster-General of the United Kingdom. Certificates of proficiency shall be granted only to persons who satisfy the Minister that they possess the requisite technical proficiency as regards operating and knowledge of the regulations governing signalling, and shall be in such form and subject to such conditions as the Minister shall from time to time prescribe.
Provisions as to secrecy.
[edit | edit source]13. The Licensee or any person employed by the Licensee having access to the messages shall not divulge to any person (other than properly authorised officials of His Majesty’s Government or the Government of the Commonwealth or a competent legal tribunal) or make any use whatever of any message coming to the knowledge of the Licensee by means of the apparatus hereby licensed.
Registers of messages to be kept.
[edit | edit source]14. The Licensee shall keep full accounts, records, and registers of all messages transmitted by means of the licensed installation and in such registers each of such messages shall be accompanied by its identifying number and date and full particulars of its place of origin and of ultimate destination, and such further particulars as the Minister or the Controller shall from time to time reasonably require to be shown, messages on His Majesty’s service being in such registers distinguished from other messages. The Licensee shall preserve all used message forms, written and printed, and transcripts of messages, and all other papers for such period as is from time to time prescribed by the Radio-telegraphic Convention 1912, and in default of any provisions on the subject in the said Convention for such period as is from time to time prescribed by the national Telegraph Regulations, and such registers and message papers shall be open to the inspection of the Minister or his officers thereto authorized at the Head Office of the Licensee in between the hours of 10 a.m. and 5 p.m, on every day except Sunday or a Statute or general holiday.
Power of Minister to inspect installation.
[edit | edit source]15. The Minister or any person authorized in writing by the Minister, the Secretary, or the Controller may at all reasonable times enter upon the coast station hereby licensed for the purpose of inspecting, and may inspect any installation fixed or being in such station for the purpose of sending and receiving messages by wireless telegraphy, and all other telegraphic instruments and apparatus fixed or being in such station, and the working and use of such installation and telegraphic instruments.
Licence and other documents to be exhibited.
[edit | edit source]16. The Licensee shall exhibit on the coast station established under this Licence a print or copy of the Licence certified under the hand of an appropriate officer of the Minister to be a true copy, and also such documents as may be prescribed by the Minister for the purpose of enabling the Licensee to communicate with coast stations in accordance with the Radio-telegraphic Convention 1912. The certificate of proficiency issued to operators employed in the coast station shall be available for inspection by the Controller or officer authorized by him.
Fees.
[edit | edit source]17. (1) The Licensee shall pay to the Minister for and in respect of the Licence hereby granted a fee of One pound per annum.
(2) The fee payable under this Licence shall be payable before the issue of the Licence, and the fee payable upon the renewal of the Licence shall be payable before such renewal.
Licence not to be assigned.
[edit | edit source]18. Except with the consent in writing of the Minister the Licensee shall not assign, underlet, or otherwise dispose of or admit any other person or body to participate in the benefit of the licence powers or authorities hereby granted.
Power to take possession of or control installation upon emergency.
[edit | edit source]19. (a) If and whenever, in the opinion of the Minister, an emergency shall have arisen in which it is expedient that His Majesty the King, shall have control over the transmission and receipt of messages by the licensed installation, it shall be lawful for the Minister to call upon the Licensee to hand over to him on behalf of His Majesty the King the licensed installation, or any part thereof, and if the said Licensee shall comply with the demand the Minister or any person authorized by him may enter upon and take possession of the Station specified in the first and second schedules, and use the same together with all appliances and instruments thereon.
(b) The Minister shall, during the period the possession and use of the said station, appliances, and instruments are retained on behalf of His Majesty the King, reimburse to the Licensee all wages and salaries paid by the Licensee to persons employed in connexion with the said station, provided that the employment of such persons is necessary for the proper upkeep of the said station, and provided further that such wages or salaries are at the same rates as previously paid by the Licensee for similar services.
(c) In the event of the Licensee refusing to hand over the said station and appliances on demand, the Minister may immediately thereupon cancel this licence without prejudice to any steps the Governor-General in Council may think fit to take to obtain possession of the said station and appliances.
(d) The Licensee shall be entitled to reasonable compensation for any damage to the licensed installation arising in consequence of the exercise of the powers conferred by this clause.
20. In any of the following cases (that is to say):—
Provision for revocation of Licence in certain events.
[edit | edit source](a) In case any sum of money which ought to be paid by the Licensee to the Minister under or by virtue of these presents, shall be in arrear and unpaid for one calendar month after the time at which the same ought to be paid under or by virtue of the covenant herein contained;
(b) In case of any breach, non-observance, or non-performance by or on the part of the Licensee of any of the covenants (other than a covenant for the payment of money) or conditions herein contained, and on the part of the Licensee to be observed and performed ; or
(c) In case the Licensee fails to comply with any regulation for the time being in force under the Wireless Telegraphy Act 1905-1919,
then and in any such case the Minister may by notice in writing revoke and determine these presents, and the licence, powers, and authorities hereinbefore granted, and thereupon these presents and the said licence, powers, and authorities shall absolutely cease, determine and become void, but without prejudice to any right of action or remedy which shall have accrued or shall thereafter accrue to the Minister under the covenants on the part of the Licensee herein contained.
Licence not to affect Minister’s rights.
[edit | edit source]21. Nothing in these presents contained shall prejudice or affect the right of the Minister from time to time to establish, extend, maintain, and work any system or systems of telegraphic communication (whether of a like nature to that hereby licensed or otherwise) in such manner as he shall in his discretion think fit; neither shall anything herein contained prejudice or affect the right of the Minister from time to time to enter into agreements for or to grant licences relative to the working and use of telegraphs (whether of a like nature to those hereby licensed or otherwise) or to the transmission of messages in any part of the Commonwealth or any Territory under the control of the Commonwealth by means of wireless telegraphy, or by any other means with or to any person or persons whomsoever upon such terms as he shall in his discretion think fit and (save as in this licence expressly provided) nothing herein contained shall be deemed to authorize the Licensee to exercise any of the powers or authorities conferred on or acquired by the Minister by or under the Post and Telegraph Act 1901-1916 or the Wireless Telegraphy Act 1905-1919.
Notices, &c.
[edit | edit source]22. Any notice, request, or consent (whether expressed to be in writing or not) to be given by the Minister under these presents may be under the hand of the Minister, the Controller, or any officer authorized by him to act on his behalf, and may be served by sending the same in a registered letter addressed to the Licensee at the usual or last-known place of residence or business of the Licensee, and any notice to be given by the Licensee under these presents may be served by sending the same in a registered letter addressed to the Secretary at his official address within the Commonwealth.
SCHEDULE I.
[edit | edit source]Particulars of the Licensed Installation.
| 1. | 2. | 3. | 4. | Normal Range of Signalling in Miles. | Character of Apparatus. | Power. | 10. | ||
| Name and Address of Licensee. | Locality of Site of Station. | Nature of Services performed. | Hours of Service | 5. | 6. | 7. | 8. | 9. | If Alternator is used. Number of cycles per second. |
| By Night. | By Day. | System of Radio-telegraphy and Characteristics of the System of Emission. | Wave-length in metres. | Source and maximum Output. Maximum to be taken by transmitting instruments. | |||||
Other particulars:—
SCHEDULE II.
[edit | edit source]Complete scheme of connexions and aerial system authorized to be employed in the herein licensed station.
This drawing, purely diagrammatic, shows the circuits authorized to be employed in both the transmitter and receiver.
| SIGNED, sealed, and delivered by the Minister or Member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919 in the presence of— | (L.S.) |
This licence is accepted by me under the provisions and terms and on the conditions above set out.
| SIGNED, sealed, and delivered by the said Licensee in the presence of— | (L.S.) |
Commonwealth of Australia.
Form 2.
SHIP STATION LICENCE.
[edit | edit source]Dated 19
To all to whom these Presents shall come, I, the Honorable the Minister or Member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919, Send Greeting.
WHEREAS of in the State of (hereinafter called “the Licensee”) is desirous of establishing, erecting, maintaining, and using on the called belonging to the Licensee appliances for the purpose of transmitting and receiving messages by means of wireless telegraphy:
AND WHEREAS by reason of the provisions of the Telegraph Acts 1863 to 1907 of the United Kingdom and the Wireless Telegraphy Order 1908 of the United Kingdom it is unlawful to establish any wireless telegraph station or instal or work any apparatus for wireless telegraphy in any place or on board any British ship (whether in the territorial waters of the British Islands or on the high seas) except under and in accordance with a licence granted in that behalf by the Postmaster-General of that Kingdom:
PROVIDED THAT a person on board a British ship which is registered in any British Possession (other than the Channel Islands and the Isle of Man) or in any British Protectorate, shall not be deemed to commit an offence against the Wireless Telegraphy Act 1904 of the United Kingdom by reason of the installation and working of wireless telegraphy on such ship if the authority in such Possession or Protectorate having power by law so to do shall have granted a licence for the installation and working of apparatus for wireless telegraphy on that ship and if such person is acting in accordance with the provisions of such licence:
AND WHEREAS the ship in respect of which this licence is granted is registered in the Commonwealth:
AND WHEREAS by the Wireless Telegraphy Act 1905-1919 of the Commonwealth of Australia it is enacted that licences to establish, erect, maintain, and use stations and appliances for the purpose of transmitting or receiving messages by means of wireless telegraphy may be granted by the Minister for the time being administering the Act, for such terms and on such conditions and on payment of such fees as are prescribed:
AND WHEREAS the Licensee has made application for this Licence and has paid the prescribed fee payable in respect thereof:
NOW I, the Minister or Member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919 aforesaid, in pursuance of the Wireless Telegraphy Act 1905-1919, and in exercise of all powers and authorities enabling me in this behalf, do hereby grant to the Licensee during the term or period commencing on the day of 19 , and terminating on the day of , 19 , licence and permission—
(i) To establish, erect, and instal and maintain, work, and use for the purposes hereinafter mentioned at the ship station specified in the First Schedule hereto, appliances or apparatus for wireless telegraphy of the kind used in the system known as the system of wireless telegraphy (which apparatus is hereinafter referred to as “the licensed installation”):
Provided that—
(a) Each ship station shall be of such class mentioned in Article XIII. of the Service Regulations annexed to the Radio-telegraphic Convention 1912 as is specified in the said schedule opposite to the name of such station;
(b) The installation installed shall be of the character specified in the said First Schedule;
(c) A complete scheme of the connexions intended to be employed shall be supplied by the Licensee;
(d) The transmitting installation used on the ship station shall be of such a character that the waves emitted are as pure and little damped as possible and the receiving apparatus used at the said station or stations shall be of such a character as to afford the greatest possible protection from disturbance during the reception of signals;
(e) The licensed installation shall be so constructed as to be capable of using wave-lengths of 300 and 600 metres in length as measured by the standard of measurement in use by the Post Office in the United Kingdom for the time being and may have such other wave-lengths as shall be authorized in writing from to time by the Minister or the Controller;
(f) The speed of transmission and reception of messages shall not in normal circumstances be less than twenty words a minute, five letters being counted as one word.
(ii) To transmit and receive messages by means of the licensed installation between the said ship station and coast stations and other ship stations: Provided that the transmission and receipt of messages from and at the said ship station when in any harbor in the British Islands shall be subject to such conditions and restrictions as the Postmaster-General of the United Kingdom may prescribe from time to time, and when in any harbor in the Commonwealth or any Territory under the control of the Commonwealth shall be subject to the Regulations under the Wireless Telegraphy Act 1905-1919; and
(iii) To receive money or other valuable consideration for or in respect of the use of the licensed installation, or for or in respect of the transmission or receipt of messages by means of the said apparatus.
AND I do hereby declare that the said Licence and permission is granted on and subject to the following conditions and provisions:—
Interpretation clause.
[edit | edit source]1. In these presents (and in the First Schedule hereto) the following words and expressions shall have the several meanings hereinafter assigned to them unless there be something either in the subject or context repugnant to such construction (that is to say):—
The expression “wireless telegraphy” has the same meaning as in the Wireless Telegraphy Act 1905-1919.
The term “telegraph” has the same meaning as in the Telegraph Act 1869 of the United Kingdom.
The expression “naval signalling” means signalling by means of any system of wireless telegraphy between two or more ships of His Majesty’s Navy between ships of His Majesty’s Navy and Naval Stations or between a ship of His Majesty’s Navy or a Naval Station, and any other wireless telegraph station, whether a coast station or a ship station.
The expression “His Majesty’s Navy” includes ships being part of the Naval Forces of any part of His Majesty’s Dominions.
The expression “the Admiralty” means the Commissioners for executing the office of Lord High Admiral of the United Kingdom of Great Britain and Ireland.
The expressions “the International Telegraph Convention” and “the International Telegraph Regulations” mean respectively the International Convention of St. Petersburg, dated the 10th-22nd July, 1875, and the Service Regulations made thereunder, and include respectively any modifications of the Convention or Regulations made from time to time.
The expression “ the Radio-telegraphic Convention 1912 “ means the Convention signed at London on the 5th day of July, 1912, and the Service Regulations made thereunder, and includes any modification of the Convention or Regulations made from time to time.
The expression “coast station” means a station which is established on land or on board a ship permanently moored, and which is open for the transmission and receipt of messages by means of wireless telegraphy between land and ship stations or other coast stations.
The term “ship station” means a wireless telegraph station established on board a ship which is not permanently moored.
The term “the Controller” means the Controller of Wireless.
Restrictions on use of use installation.
[edit | edit source]2. The licensed installation shall not be used by the Licensee or by any other person, either on behalf or by permission of the Licensee, for the transmission or receipt of messages except messages authorized by this Licence.
Protection of naval signalling.
[edit | edit source]3. (1) The Licensee shall not by the transmission of any message by means of the licensed installation or otherwise by the use of the licensed installation interfere with naval signalling.
(2) Stations using wave-lengths longer than those set apart for Naval purposes shall not emit any subsidiary waves or harmonics likely to interfere with signalling or the commercial wave-lengths or naval wave-lengths in the vicinity.
(3) If the Minister is of opinion that the working of the licensed installation specified in the First Schedule hereto is inconsistent with the free use of naval signalling, the Licensee shall when required in writing by the Minister so to do, close the said station.
(4) These provisions for the protection of naval signalling shall be construed to be without prejudice to the generality of any other provisions of this Licence.
Licensee to observe International Telegraph Convention and Regulations.
[edit | edit source]4. For the purpose of this Licence the Licensee shall observe the International Telegraph Convention and the International Telegraph Regulations so far as the said Convention and Regulations are capable of being applied to wireless telegraphy in common with ordinary land and submarine telegraphy.
Licensee to observe Regulations as to wireless telegraphy.
[edit | edit source]5. The Licensee shall observe the provisions of any Regulations from time to time made under the Wireless Telegraphy Act 1905-1910 so far as the same are applicable, to the Licensee.
Radio-telegraphic Convention to be observed.
[edit | edit source]6. The Licensee shall observe the provisions of the Radio-telegraphic Convention 1912.
As to interference.
[edit | edit source]7. The Licensee shall comply with all such directions and observe all such rules as may be given or made by the Minister or the Controller from time to time for the purpose of preventing interference with the working of any other wireless telegraph station, and for enabling the messages exchanged by means of the licensed installation to be distinguished from those emanating from any other wireless telegraph station.
Alteration of installation.
[edit | edit source]8. The licensed installation shall not, without the consent of the Minister or the Controller, be altered or modified in respect of any of the particulars mentioned in the Schedules hereto.
Emergency installation.
[edit | edit source]9. The installation shall include such emergency installation as may be required according to the class of the ship station under the provisions of Article. XI. of the Service Regulations annexed to the Radio-telegraphic Convention 1912.
Indemnity of Minister.
[edit | edit source]10. The Licensee shall at all times indemnify the Minister against all actions, claims, and demands which may be brought or made by any corporation, company, or person in respect of any injury arising from any act licensed or permitted by these presents.
Messages to be transmitted without favour or preference.
[edit | edit source]11. (1) Subject to the provisions of this Licence, the Licensee shall transmit and receive messages by means of the licensed installation on equal terms without favour or preference, whether as regards rates of charge, order of transmission, or otherwise: Provided always that signals of distress and messages in connexion therewith shall receive priority over all other messages and that the order of transmission of such other messages shall be governed by the International Telegraph Regulations.
(2) In respect of messages transmitted on behalf of His Majesty’s Government or the Government of the Commonwealth the Licensee shall charge rates not in excess of half of the rates charged to the ordinary public.
Licensee to receive signals of distress.
[edit | edit source]12. The Licensee shall, so far as possible, receive from ships and light stations all requests for assistance and all signals of distress, and shall answer such requests and signals and re-transmit them with the least possible delay to the proper authorities by means of the licensed installation or any, other means in the power of the Licensee.
As to persons employed to work station.
[edit | edit source]13. The licensed installation at the said ship station shall be worked only by a person or persons holding a certificate or certificates of proficiency issued by the Minister or by the Postmaster-General of the United Kingdom. Certificates of proficiency shall be granted only to persons who satisfy the Minister that they possess the requisite technical proficiency as regards operating and knowledge of the regulations governing signalling, and shall be in such form and subject to such conditions as the Minister shall from time to time prescribe.
Provisions as to secrecy.
[edit | edit source]14. The Licensee shall not divulge to any person (other than properly authorized officials of His Majesty’s Government or the Government of the Commonwealth or a competent legal tribunal) or make any use whatever of any message coming to the knowledge of the Licensee by means of the licensed installation. The operator and other persons having access to the messages transmitted or received by the licensed installation shall make a declaration of the secrecy of wireless communications.
Registers of messages to be kept.
[edit | edit source]15. The Licensee shall keep full accounts, records, and registers of all messages transmitted by means of the licensed installation, and in such registers each of such messages shall be accompanied by its identifying number and date and full particulars of its place of origin and of ultimate destination, arid such further particulars as the Minister or the Controller shall from time to time reasonably require to be shown, messages on His Majesty’s service being in such registers distinguished from other messages. The Licensee shall preserve all used message forms, written and printed, and transcripts of messages, and all other papers for such period as is from time to time prescribed by the Radio-telegraphic Convention 1912, and in default of any provisions on the subject in the said Convention for such period as is from time to time prescribed by the International Telegraph Regulations, and such registers and message papers shall be open to the inspection of the Minister or his officers thereto authorized at the Head Office of the Licensee in between the hours of 10 a.m. and 5 p.m. on every day, except Sunday or a Statute or general holiday.
Power of Minister to inspect installation.
[edit | edit source]16. The Minister or the Controller or any agent authorized in that behalf in writing by him may at all reasonable times enter upon the ship station hereby licensed for the purpose of inspecting, and may inspect any installation fixed or being in such station for the purpose of sending and receiving messages by wireless telegraphy, and all other telegraphic instruments and apparatus fixed or being in such station, and the working and use of such installation and telegraphic instruments.
Licence and other documents to be carried by ships.
[edit | edit source]17. The Licensee shall cause to be carried on the ship to which the licence relates a print or copy of the Licence certified under the hand of an appropriate officer of the Minister to be a true copy, and also such documents as may be prescribed by the Minister for the purpose of enabling the Licensee to communicate with coast stations in accordance with the Radio-telegraphic Convention 1912.
Fees.
[edit | edit source]18. (1) The Licensee shall pay to the Minister for and in respect of the Licence hereby granted a fee of One pound per annum.
(2) The fee payable under this Licence shall be payable before the issue of the Licence, and the fee payable upon the renewal of the Licence shall be payable before such renewal.
Licence not to be assigned.
[edit | edit source]19. Except with the consent in writing of the Minister or the Controller, the Licensee shall not assign, underlet or otherwise dispose of or admit any other person or body to participate in the benefit of the licence powers or authorities hereby granted.
Power to take possession of or control installation upon emergency.
[edit | edit source]20. (1) If and whenever an emergency shall have arisen in which it is expedient for the public service that His Majesty’s Government shall have control over the transmission of messages by the licensed installation, it shall be lawful for any officer in command of any ship of war of His Majesty’s Navy to cause the licensed installation, or any part thereof, to be taken possession of in the name and on behalf of His Majesty and to be used for His Majesty’s service and subject thereto for such ordinary services as to the said officer may seem fit, and in that event any person authorized by the said officer may enter upon any ship on which any licensed installation is installed and take possession of the said installation and use the same as aforesaid.
(2) Any such officer may in such event as aforesaid, instead of taking possession of the licensed installation as aforesaid, direct and authorize such persons as he may think fit to assume the control of the transmission of messages by the licensed installation, either wholly or partly, and in such manner as he may direct, and such, persons may enter upon any ship on which any apparatus is installed accordingly, or the said officer may direct the Licensee to submit to him or any person authorized by him all messages tendered for transmission or arriving by the licensed installation, or any class or classes of such messages, to stop or delay the transmission of any messages, or deliver the same to him or his agent, and generally to obey all such directions with reference to the transmission of messages as the said officer may prescribe, and the Licensee shall obey and conform to all such directions.
(3) The Licensee shall be entitled to reasonable compensation for any damage to the licensed installation arising in consequence of the exercise of the powers conferred by this clause.
Provision for revocation of Licence in certain events.
[edit | edit source]21. In any of the following cases (that is to say):—
(a) In case any sum of money which ought to be paid by the Licensee to the Minister under or by virtue of these presents shall be in arrear and unpaid for one calendar month after the time at which the same ought to be paid under or by virtue of the covenants herein contained;
(b) In case of any breach, non-observance, or non-performance by or on the part of the Licensee of any of the covenants (other than a covenant for the payment of money) or conditions herein contained, and on the part of the Licensee to be observed and performed; or
(c) In case the Licensee fails to comply with any regulation for the time being in force under the Wireless Telegraphy Act 1905-1919,
then and in any such case the Minister may by notice in writing revoke and determine these presents, and the licence, powers, and authorities hereinbefore granted, and thereupon these presents and the said licence, powers, and authorities shall absolutely cease, determine, and become void but without prejudice to any right of action or remedy which shall have accrued or shall thereafter accrue to the Minister under the covenants on the part of the Licensee herein contained.
Licence not to affect Minister’s rights.
[edit | edit source]22. Nothing in these presents contained shall prejudice or affect the right of the Minister from time to time to establish, extend, maintain, and work any system or systems of telegraphic communication (whether of a like nature to that hereby licensed or otherwise) in such manner as he shall in his discretion think fit; neither shall anything herein contained prejudice or affect the right of the Minister from time to time to enter into agreements for or to grant licences relative to the working and use of telegraphs (whether of a like nature to those hereby licensed or otherwise) or to the transmission of messages in any part of the Commonwealth or any Territory under the control of the Commonwealth by means of wireless telegraphy, or by any other means with or to any person or persons whomsoever upon such terms as he shall in his discretion think fit. And (save as in this Licence expressly provided) nothing herein contained shall be deemed to authorize the Licensee to exercise any of the powers or authorities conferred on or acquired by the Minister by or under the Post and Telegraph Act 1901-1916 or the Wireless Telegraphy Act 1905-1919.
Notices, &c.
[edit | edit source]23. Any notice, request, or consent (whether expressed to be in writing or not) to be given by the Minister under these presents may be under the hand of the Minister or the Controller or any officer authorized by him to act on his behalf, and may be served by sending the same in a registered letter addressed to the Licensee at the usual or last-known place of residence or business of the Licensee, and any notice to be given by the Licensee under these presents may be served by sending the same in a registered letter addressed to the Secretary at his official address within the Commonwealth.
SCHEDULE I.
[edit | edit source]Particulars of the Licensed Installation.
| 1. | 2. | 3. | 4. | Normal Range of signalling in nautical miles. | Character of apparatus. | Power. | 10. | ||
| Class of ship under Radio-telegraphic Convention. | 5. | 6. | 7. | 8. | 9. | ||||
| Name of ship on which Station is established. | Nature of services performed. | Hours of service. | By night. | By day. | System of Radiotelegraphy and characteristics of the system of emission. | Wave-length in metres. | Source and maximum output. Maximum to be taken by transmitting instruments. | If alternator is used. Number of cycles per second. | |
Particulars of Emergency Installation:—
Other particulars:—
SCHEDULE II.
[edit | edit source]Complete Scheme of Connexions authorized to be employed in the herein Licensed Station.
This drawing, which is purely diagrammatic, shows the circuits authorized to be employed in both the transmitter and receiver.
| SIGNED, sealed, and delivered by the Minister or Member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919 in the presence of | (L.S.) |
| SIGNED, sealed, and delivered by the Licensee in the presence of | (L.S.) |
Commonwealth of Australia.
Form 3.
LAND STATION LICENCE
[edit | edit source]Dated 19 .
To all to whom these Presents shall come, I, the Honorable the Minister, or Member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919, send greeting;
WHEREAS of in the State of (hereinafter called “the Licensee”) is desirous of establishing, erecting, maintaining, and using at belonging to the Licensee appliances for the purpose of communicating by wireless telegraphy with
AND WHEREAS by the Wireless Telegraphy Act 1905-1919 of the Commonwealth of Australia it is enacted that licences to establish, erect, maintain, and use stations and appliances for the purpose of transmitting or receiving messages by means of wireless telegraphy may be granted by the Minister or Member of the Executive Council for the time being administering the Act, for such terms and on such conditions and on payment of such fees as are prescribed:
AND WHEREAS the Licensee has made application for this Licence and has paid the prescribed fee payable in respect thereof:
NOW I, the Minister or Member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919 aforesaid, in pursuance of the Wireless Telegraphy Act 1905-1919, and in exercise of all powers and authorities enabling me in this behalf, do hereby grant to the Licensee during the term or period commencing on the day of , 19 , and terminating on the day of , 19 , licence and permission—
(i) To establish, erect, and instal and maintain, work, and use for the purposes hereinafter mentioned at the land station specified in the First Schedule hereto, appliances or apparatus for wireless telegraphy of the kind used in the system known as the system of wireless telegraphy (which apparatus is hereinafter referred to as “ the licensed installation “).
Provided that—
(a) The apparatus installed shall be of the character specified in the said First Schedule;
(b) A complete scheme of the connexions intended to be employed shall be supplied by the Licensee;
(c) The transmitting apparatus used on the land station shall be of such a character that the waves emitted are as pure and little damped as possible and the receiving apparatus used at the said station or stations shall be of such a character as to afford the greatest possible protection from disturbance during the reception of signals.
(d) The wave-length to be employed shall be for the transmitting apparatus.
(e) The licensed installation shall not be used for conducting commercial traffic constituting competition with the Postmaster-General’s telegraph or telephone services.
(ii) To transmit and receive messages by means of the licensed installation between the said land station and wireless, telegraphy stations. Provided that the transmission and receipt of messages from and at the said land station shall be subject to the Regulations under the Wireless Telegraphy Act 1905-1919; and
(iii) To receive money or other valuable consideration for or in respect of the use of the licensed installation, or for or in respect of the transmission or receipt of messages by means of the said installation.
AND I do hereby declare that the said Licence and permission is granted on and subject to the following conditions and provisions:—
Interpretation clause.
[edit | edit source]1. In these presents (and in the First Schedule hereto) the following words and expressions shall have the several meanings hereinafter assigned to them unless there be something either in the subject or context repugnant to such construction (that is to say):—
The expression “wireless telegraphy” has the same meaning as in the Wireless Telegraphy Act 1905-1919.
The term “telegraph” has the same meaning as in the Telegraph Act 1869 of the United Kingdom.
The expression “naval signalling” means signalling by means of any system of wireless telegraphy between two or more ships of His Majesty’s Navy between ships of His Majesty’s Navy and Naval Stations or between a ship of His Majesty’s Navy or a Naval Station and any other wireless telegraph station, whether a coast station or a ship station.
The expressions “the International Telegraph Convention” and “the International Telegraph Regulations” mean respectively the International Convention of St. Petersburg, dated the 10th-22nd July, 1875, and the Service Regulations made thereunder, and include respectively any modifications of the Convention or Regulations made from time to time.
The expression “the Radio-telegraphic Convention 1912” means the Convention signed at London on the 5th day of July, 1912, and the Service Regulations made thereunder, and includes any modification of the Convention or Regulations made from time to time.
The expression “land station” means a station, not being a coast station, established on land for the purpose of communicating by means of wireless telegraphy with other stations.
The expression “ship station” means a wireless telegraph station established on board a ship which is not permanently moored.
The expression “the Controller” means the Controller of Wireless.
Restrictions on use of installation.
[edit | edit source]2. The licensed installation shall not be used by the Licensee or by any other person, either on behalf or by permission of the Licensee, for the transmission or receipt of messages except messages authorized by this Licence.
Protection of naval signalling.
[edit | edit source]3. (1) The Licensee shall not by the transmission of any message by means of the licensed installation or otherwise by the use of the licensed installation interfere with naval signalling.
(2) Stations using wave-lengths longer than those set apart for Naval purposes shall not emit any subsidiary waves or harmonics likely to interfere with signalling or the commercial wave-lengths or naval wave-lengths in the vicinity.
(3) If the Minister is of opinion that the working of the licensed installation specified in the First Schedule hereto is inconsistent with the free use of naval signalling, the Licensee shall when required in writing by the Minister so to do, close the station.
(4) These provisions for the protection of naval signalling shall be construed to be without prejudice to the generality of any other provisions of this Licence.
Licensee to observe International Telegraph Convention and Regulations.
[edit | edit source]4. For the purpose of this Licence, the Licensee shall observe the International Telegraph Convention and the International Telegraph Regulations so far as the said Convention and Regulations are capable of being applied to wireless telegraphy in common with ordinary land and submarine telegraphy.
Licensee to observe Regulations as to wireless telegraphy.
[edit | edit source]5. The Licensee shall observe the provisions of any Regulations from time to time made under the Wireless Telegraphy Act 1905-1919 so far as the same are applicable to the Licensee.
Radio-telegraphic Convention to be observed.
[edit | edit source]6. The Licensee shall observe the provisions of the Radio-telegraphic Convention 1912. The licensed installation shall be operated by a certificated operator or competent person so authorized by the Controller.
As to interference.
[edit | edit source]7. The Licensee shall comply with all such directions and observe all such rules as may be given or made by the Minister or the Controller from time to time for the purpose of preventing interference with the working of any other wireless telegraph station and for enabling the messages exchanged by means of the licensed installation to be distinguished from those emanating from any other wireless telegraph station.
Alteration of installation.
[edit | edit source]8. The licensed installation shall not, without the consent of the Minister or the Controller, be altered or modified in respect of any of the particulars mentioned in the Schedules hereto.
Indemnity of Minister.
[edit | edit source]9. The Licensee shall at all times indemnify the Minister against all actions, claims, and demands which may be brought or made by any corporation, company, or person in respect of any injury arising from any act licensed or permitted by these presents.
Messages to be transmitted without favour or preference.
[edit | edit source]10. (1) Subject to the provisions of this Licence, the Licensee shall transmit and receive messages by means of the licensed installation on equal terms without favour or preference, whether as regards rates of charge, order of transmission, or otherwise: Provided always that signals of distress and messages in connexion therewith shall receive priority over all other messages and that the order of transmission of such other messages shall be governed by the International Telegraph Regulations.
(2) In respect of messages transmitted on behalf of His Majesty’s Government or the Government of the Commonwealth the Licensee shall charge rates not in excess of half of the rates charged to the ordinary public.
Provisions as to secrecy.
[edit | edit source]11. The Licensee shall not divulge to any person (other than properly authorized officials of His Majesty’s Government or the Government of the Commonwealth or a competent legal tribunal) or make any use whatever of any message coming to the knowledge of the Licensee by means of the apparatus hereby licensed. The Licensee, and operator employed by him, shall make a declaration of secrecy of wireless communications.
Registers of messages to be kept.
[edit | edit source]12. The Licensee shall keep full accounts, records, and registers of all messages transmitted by means of the licensed installation, and in such registers each of such messages shall be accompanied by its identifying number and date and full particulars of its place of origin and of ultimate destination, and such further particulars as the Minister or the Controller shall from time to time reasonably require to be shown, messages on His Majesty’s service being in such registers distinguished from other messages. The Licensee shall preserve all used message forms, written and printed, and transcripts of messages, and all other papers for such period as is from time to time prescribed by the Radio-telegraphic Convention 1912, and in default of any provisions on the subject in the said Convention for such period as is from time to time prescribed by the International Telegraph Regulations, and such registers and message papers shall be open to the inspection of the Minister or the Controller or his officers thereto authorized at the Office of the Licensee in between the hours of 10 a.m. and 5 p.m. on every day except Sunday or a Statute or general holiday.
Power of Minister to inspect installation.
[edit | edit source]13. The Minister or any person authorized in writing by the Minister, the Secretary, or the Controller, may at all reasonable times enter upon the land station hereby licensed for the purpose of inspecting, and may inspect any installation fixed or being in such station for the purpose of sending and receiving messages by wireless telegraphy, and all other telegraphic instruments and apparatus fixed or being in such station, and the working and use of such installation and telegraphic instruments.
Licence and other documents to be exhibited.
[edit | edit source]14. The Licensee shall exhibit on the land station established under this Licence a print or copy of the Licence certified under the hand of an appropriate officer of the Minister to be a true copy, and also such documents as may be prescribed by the Minister for the purpose of enabling the Licensee to communicate with stations in accordance with the Radio-telegraphic Convention 1912.
Fees.
[edit | edit source]15. (1) The Licensee shall pay to the Minister for and in respect of the Licence hereby granted a fee of One pound per annum.
(2) The fee payable under this Licence shall be payable before the issue of the Licence, and the fee payable upon the renewal of the Licence shall be payable before such renewal.
Licence not to be assigned.
[edit | edit source]16. Except, with the consent in writing of the Minister the Licensee shall not assign, underlet or otherwise dispose of or admit any other person or body to participate in the benefit of the licence powers or authorities hereby granted.
Power to take possession of or control installation upon emergency.
[edit | edit source]17. (a) If and whenever, in the opinion of the Minister an emergency shall have arisen in which it is expedient that His Majesty the King shall have control over the transmission and receipt of messages by the licensed installation it shall be lawful for the Minister to call upon the Licensee to hand over to him on behalf of His Majesty the King the licensed installation or any part thereof, and if the said Licensee shall comply with the demand the Minister or any person authorized by him may enter upon and take possession of the station specified in the first and second schedules and use the same together with all appliances and instruments thereon.
(b) The Minister shall, during the period the possession and use of the said station, appliances, and instruments are retained on behalf of His Majesty the King, reimburse to the Licensee all wages and salaries paid by the Licensee to persons employed in connexion with the said station, provided that the employment of such persons is necessary for the proper upkeep of the said station, and provided further that such wages or salaries are at the same rates as previously paid by the Licensee for similar services.
(c) In the event of the Licensee refusing to hand over the said station and appliances on demand, the Minister may immediately thereupon cancel this licence without prejudice to any steps the Governor-General in Council may think fit to take to obtain possession of the said station and appliances.
(d) The Licensee shall be entitled to reasonable compensation for any damage to the licensed installation arising in consequence of the exercise of the powers conferred by this clause.
Provision for revocation of Licence in certain events.
[edit | edit source]18. In any of the following cases (that is to say):—
(a) In case any sum of money which ought to be paid by the Licensee to the Minister under or by virtue of these presents, shall be in arrear and unpaid for one calendar month after the time at which the same ought to be paid under or by virtue of the covenant herein contained;
(b) In case of any breach, non-observance, or non-performance by or on the part of the Licensee of any or the covenants (other than a covenant for the payment of money) or conditions herein contained, and on the part of the Licensee to be observed and performed; or
(c) In case the Licensee fails to comply with any regulation for the time being in force under the Wireless Telegraphy Act 1905-1919,
then and in any such case the Minister may by notice in writing revoke and determine these presents, and the licence, powers, and authorities hereinbefore granted, and thereupon these presents and the said licence, powers, and authorities shall absolutely cease, determine, and become void, but without prejudice to any right of action or remedy which shall have accrued or shall thereafter accrue to the Minister under the covenants on the part of the Licensee herein contained.
Licence not to affect Minister’s rights.
[edit | edit source]19. Nothing in these presents contained shall prejudice or affect the right of the Minister from time to time to establish, extend, maintain, and work any system or systems of telegraphic communication (whether of a like nature to that hereby licensed or otherwise) in such manner as he shall in his discretion think fit; neither shall anything herein contained prejudice or affect the right of the Minister from time to time to enter into agreements for or to grant licences relative to the working and use of telegraphs (whether of a like nature to those hereby licensed or otherwise) or to the transmission of messages in any part of the Commonwealth or any Territory under the control of the Commonwealth by means of wireless telegraphy, or by any other means with or to any person or persons whomsoever upon such terms as he shall in his discretion think fit, and (save as in this Licence expressly provided) nothing herein contained shall be deemed to authorize the Licensee to exercise any of the powers or authorities conferred on or acquired by the Minister by or under the Post and Telegraph Act 1901-1916 or the Wireless Telegraphy Act 1905-1919.
Notices, &c.
[edit | edit source]20. Any notice, request, or consent (whether expressed to be in writing or not) to be given by the Minister under these presents may be under the hand of the Minister or any officer authorized by him to act on his behalf, or the Controller, and may be served by sending the same in a registered letter addressed to the Licensee at the usual or last-known place of residence or business of the Licensee, and any notice to be given by the Licensee under these presents may be served by sending the same in a registered letter addressed to the Secretary at his official address within the Commonwealth.
SCHEDULE I.
[edit | edit source]Particulars of the Licensed Installation.
| 1. | 2. | 3. | 4. | Normal Range of signalling in miles. | Character of apparatus. | Power. | 10. | ||
| Name and Address of Licensee. | Locality of Site of Station. | Nature of Services performed. | Hours of Service. | 5. | 6. | 7. | 8. | 9. | If Alternator is used. Number of cycles per second. |
| By night. | By day. | System of Radio-telegraphy and Characteristics of the System of Emission. | Wavelength in metres. | Source and maximum output.
Maximum to be taken by transmitting instruments. | |||||
Other particulars:—
SCHEDULE II.
[edit | edit source]Complete scheme of connexions and aerial system authorized to be employed in the herein licensed installation.
This drawing, purely diagrammatic, shows the circuits authorized to be employed in both the transmitter and receiver.
| SIGNED, sealed, and delivered by the Minister or Member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919 in the presence of— | (L.S.) | |
This licence is accepted by me under the provisions and terms and on the conditions above set out.
| SIGNED, sealed, and delivered by the said licensee in the presence of— | (L.S.) |
Commonwealth of Australia.
Form 4.
BROADCASTING STATION LICENCE.
[edit | edit source]No.
Dated 19
To all to whom these presents shall come, I, the Honorable the Minister or Member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919, send greeting:
Whereas of in the State of (hereinafter called “the licensee”), is desirous of establishing, erecting, maintaining, and using a system of wireless telegraphy or telephony as defined in section 2 of the Wireless Telegraphy Act 1905-1919, with the sole object of disseminating news service and/or entertainment service by wireless telephony : And whereas by reason of the provisions of the Post and Telegraph Act 1901-1916 and of the Wireless Telegraphy Act 1905-1919 it is unlawful to establish, erect, maintain, or use any station or appliance for the purpose of transmitting or receiving messages by means of wireless telegraphy or telephony except under and in accordance with a licence granted in that behalf by the Minister or member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919, and it is also unlawful, save as in the said Acts provided, to transmit telegrams or other communications by telegraph within the Commonwealth of Australia:
And whereas the licensee has made application for this licence:
Now I, the Minister or Member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919 aforesaid, in pursuance of the Wireless Telegraphy Act 1905-1919, and in exercise of all powers and authorities enabling me in this behalf, do hereby grant to the licensee from the date of these presents until these presents are determined as hereinafter provided, licence and permission—
(i) To establish, erect, maintain, and use at the station specified in the First and Second Schedules hereto appliances for the purpose of transmitting and receiving messages by means of wireless telephony (hereinafter called “the licensed installation”), provided that the apparatus installed at the station shall be of the character specified in the said First and Second Schedules, and operated in accordance with the conditions specified.
Provided (a) that the licensed installation shall be worked solely for the purpose of disseminating news service and/or entertainment service by wireless telephony, and for no other purpose whatever;
(b) that in no case shall the licensed installation be operated in such a way as to constitute competition with the Postmaster-General’s telegraph or telephone services ;
(c) that the wave length employed for broadcasting shall be meters.
And I do hereby declare that the said licence and permission is granted on and subject to the following conditions and provisions, which may be altered, added to, or modified hereafter to meet public interests or requirements or emergencies.
Interpretation clause.
[edit | edit source]1. In these presents (and in the Schedules hereto) the following words and expressions shall have the several meanings hereinafter assigned to them unless there be something either in the subject or context repugnant to such construction (that is to say):—
(1) The expression “wireless telegraphy” has the same meaning as in the Wireless Telegraphy Act 1905-1919.
(2) The terms “telegraph” and “telegraph line” have the same meaning as in the Post and Telegraph Act 1901-1916.
(3) The expression “naval signalling” means signalling by means of any system of wireless telegraphy or telephony between two or more ships of His Majesty’s Navy, between ships of His Majesty’s Navy and naval stations, or between a ship of His Majesty’s Navy or a naval station and any other wireless telegraph or telephone station, whether on shore or on any ship.
(4) The expression “His Majesty’s Navy” or “His Majesty’s ships” includes ships being part of the Naval Forces of any part of His Majesty’s Dominions.
(5) The expression “Australia” includes the territorial waters of the Commonwealth of Australia and of any territory of the Commonwealth of Australia.
(6) The expression “military signalling” means signalling by means of any system of wireless telegraphy or telephony between two or more sets of appliances for wireless telegraphy or telephony operated by or on behalf of the Military Forces of the Commonwealth of Australia, or between one such set of appliances and any other wireless telegraph or telephone station.
(7) The expression “Minister” means the Prime Minister or the Minister or Member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919.
(8) The expression “broadcasting station” means a station on land for the purpose of transmitting to an unlimited number of receiving stations and thereby disseminating news service and/or entertainment service.
(9) The expression “the Controller” means the Controller of wireless.
Restrictions on use of installation.
[edit | edit source]2. The licensed installation shall not be used by the licensee or any other person either on behalf or by permission of the licensee for the transmission or receipt of news and/or entertainment service except as authorized by this licence.
Licensee to observe regulations as to wireless telegraphy.
[edit | edit source]3. The licensee shall observe the provisions of any regulations from time to time made under the Wireless Telegraphy Act 1905-1919 so far as the same are applicable to the licensee.
As to interference.
[edit | edit source]4. (a) The licensed installation shall be so worked as not to interfere with the working of any wireless telegraph or telephone station established in Australia by or for the purposes of the Minister or any Department of the Commonwealth of Australia, or for commercial purposes, and in particular with the transmission or receipt of any messages between or at wireless telegraph or telephone stations established as aforesaid on land and wireless telegraph or telephone stations established on ships at sea. On no account shall His Majesty’s ships be called by means of the licensed installation.
(b) With a view to preventing such interference as aforesaid the licensee and every person acting on his behalf or by his permission shall comply with all directions which shall be given to the licensee by the Minister or the Controller with respect to avoiding interference between one wireless telegraph or telephone station and another.
(c) The licensed installation shall not without permission, in writing, from the Minister, or the Controller, or an officer thereunto authorized by him, be altered in respect of any of the particulars mentioned in the first and second schedules hereto.
(d) The licensee shall at all times indemnify the Commonwealth of Australia and the Minister against all actions, claims, and demands which may be brought or made by any corporation, company, or person in respect of any injury arising from any act licensed or permitted by these presents.
(e) The licensed installation shall be operated by a certificated operator or competent person so authorized by the Controller.
Protection of naval and military signalling.
[edit | edit source]5. (a) The licensee shall not (either by himself or by any person acting on his behalf or by his permission), by the transmission of any message by means of the licensed installation or otherwise by the use of the licensed installation, interfere with naval or military signalling.
(b) Whenever the operators of the said station of the licensee perceive, through the medium of the appliances used by them, that naval or military signalling is proceeding they shall refrain from using the licensed installation until all indication that naval or military signalling is proceeding shall have ceased.
(c) These provisions for the protection of naval or military signalling shall be construed to be without prejudice to the generality of any other provisions of this licence.
Provision as to secrecy.
[edit | edit source]6. Neither the licensee nor any person acting on his behalf or by his permission shall divulge to any person (other than properly authorized officials of the Commonwealth of Australia or a competent legal tribunal), or make any use whatever of any message coming to the knowledge of the licensee or any such person as aforesaid by means of the apparatus hereby licensed. Operators or persons having access to the receiving apparatus of the licensed installation shall make a declaration of the secrecy of wireless communications.
Power to Minister to inspect installation.
[edit | edit source]7. The Minister or any person authorized in writing by the Minister, the Secretary, or the Controller, may from time to time and at all reasonable times enter upon the station or other premises in the possession or occupation of the licensee, for the purpose of inspecting, and may inspect any installation fixed or being in such places respectively for the purpose of sending and receiving messages by wireless telegraphy or telephony and all other telegraphic or telephonic instruments and appliances fixed or being in such stations respectively and the working and the user of such installation and telegraphic or telephonic instruments respectively.
Licence not to be assigned.
[edit | edit source]8. Except with the consent in writing of the Minister or the Controller the licensee shall not assign, underlet, or otherwise dispose of or admit any other person or body to participate in the benefits of the licences, powers, or authorities hereby granted or any of such licences, powers, or authorities.
Power to take possession of or control installation upon emergency.
[edit | edit source]9. (a) If and whenever, in the opinion of the Minister, an emergency shall have arisen in which it is expedient that His Majesty the King shall have control over the transmission and receipt of messages by the licensed installation, it shall be lawful for the Minister to call upon the licensee to hand over to him on behalf of His Majesty the King so much of the licensed installation as is within Australia, or any part thereof, and if the said licensee shall comply with the demand the Minister or any person authorized by him may enter upon and take possession of the station specified in the first and second schedules and. use the same together with all appliances and instruments thereon.
(b) The Minister shall, during the period the possession and use of the said station appliances, and instruments are retained on behalf of His Majesty the King, reimburse to the licensee all wages and salaries paid by the licensee to persons employed in connexion with the said station, provided that the employment of such persons is necessary for the proper upkeep of the said station, and provided further that such wages or salaries are at the same rates as previously paid by the licensee for similar services.
(c) In the event of the licensee refusing to hand over the said station and appliances on demand, the Minister may immediately thereupon cancel this licence without prejudice to any steps the Governor-General in Council may think fit to take to obtain possession of the said station and appliances.
Schedules.
[edit | edit source]10. The technical details of the herein licensed installation are contained in the first schedule hereto; and the complete scheme of connexions authorized to be employed is shown in the second schedule hereto.
Licence fee.
[edit | edit source]11. (1) The licensee shall pay to the Minister for and in respect of the licence hereby granted a fee of five pounds (£5) for each year or part of a year the licence is in force in respect of the station at which the licensed installation is installed.
(2) The fee shall be payable to the Minister annually in advance.
Provision for revocation of licence.
[edit | edit source]12. The Minister may at any time in his absolute discretion by notice in writing revoke and determine these presents and cancel the licence or permission hereby given at the end of twenty-four hours from the time of service of such notice, and at the expiration of that period the licence or permission hereby granted shall cease and determine accordingly, but without prejudice to any remedy of the Minister under any covenant or provision herein contained on the part of the licensee to be observed and performed.
Proviso as to compensation.
[edit | edit source]13. In the event of these presents and the licence or permission hereby given being revoked and determined by the Minister under the power hereinbefore contained or any other power thereunto enabling him, the licensee shall not be entitled to any compensation or damages by reason of the determination.
Licence not to affect Commonwealth rights.
[edit | edit source]14. Nothing in these presents contained shall prejudice or affect the right of the Commonwealth of Australia from time to time to establish, erect, extend, maintain, and use any system or systems of telegraphic or telephonic communication (whether of a like nature to that hereby licensed or otherwise) in such manner as it shall in its discretion think fit, neither shall anything herein contained prejudice or affect the right of the Commonwealth of Australia from time to time to enter into agreements for or to grant licences relative to the working and user of telegraphs or telephones (whether of a like nature to those hereby licensed or otherwise) or the transmission of messages in any part of Australia by means of wireless telegraphy or telephony or by any other means with or to any person or persons whomsoever, upon such terms as it shall in its discretion think fit, and (save as in this licence expressly provided) nothing herein contained shall be deemed to authorize the licensee to exercise any of the power or authorities conferred on or acquired by the Postmaster-General by or under the Post and Telegraph Act 1901-1916 or by the Minister by or under the Wireless Telegraphy Act 1905-1919.
Notices, &c.
[edit | edit source]15. Any notice, request, or consent (whether expressed to be in writing or not) to be given or made by or for the Minister under these presents may be under the hand of the Secretary for the time being of the Department being administered by the Minister or the Controller, and may be served by sending the same by registered letter addressed, to the licensee at the usual or last-known place of residence or business of the licensee and in such case the time of service shall be deemed to mean the time when in the ordinary course of post it would have been delivered to the licensee at such place; and any notice to be given by the licensee under these presents may be served by sending the same by registered letter addressed to such Secretary at his official address within the Commonwealth of Australia.
16. In witness whereof the Minister or member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919 has hereunto set his hand and seal the day and year first hereinbefore written.
SCHEDULE I.
[edit | edit source]Particulars of Licensed Installation.
| 1.
Name of Licensee and Address of Station. |
2.
Description of Transmitting Apparatus. |
3.
Description of Receiving Apparatus. |
4.
Wave Length to be employed in Transmitter. |
5.
Source of Power and Maximum Energy (Watts) employed in Transmitter. |
Other particulars:—
SCHEDULE II.
[edit | edit source]Complete scheme of connexions and aerial system authorized to be employed in the herein licensed installation.
This drawing, purely diagrammatic, shows the circuits authorized to be employed in both the transmitter and receiver.
| SIGNED, sealed, and delivered by the Minister or member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919 in the presence of— | (l. s.) |
This licence is accepted by me under the provisions and terms and on the conditions above set out.
| SIGNED, sealed, and delivered by the said licensee in the presence of— | (l s.) |
Commonwealth of Australia.
Form 5.
EXPERIMENTAL LICENCE. (Transmitting and Receiving.)
[edit | edit source]No.
Dated 19
To all to whom these presents shall come, I, the Honorable the Minister or Member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919, send greeting:
Whereas of in the State of (hereinafter called “the licensee”), is desirous of establishing, erecting, maintaining, and using a system of wireless telegraphy or telephony as defined in section 2 of the Wireless Telegraphy Act 1905-1919, with the sole object of conducting demonstrations or experiments in wireless telegraphy or telephony: And whereas by reason of the provisions of the Post and Telegraph Act 1901-1916 and of the Wireless Telegraphy Act 1905-1919 it is unlawful to establish, erect, maintain, or use any station or appliance for the purpose of transmitting or receiving messages by means of wireless telegraphy or telephony except under and in accordance with a licence granted in that behalf by the Minister or member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919, and it is also unlawful, save as in the said Acts provided, to transmit telegrams or other communications by telegraph within the Commonwealth of Australia:
And whereas the licensee has made application for this licence:
Now I, the Minister or Member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919 aforesaid, in pursuance of the Wireless Telegraphy Act 1905-1919, and in exercise of all powers and authorities enabling me in this behalf, do hereby grant to the licensee from the date of these presents until these presents are determined as hereinafter provided, licence and permission—
(i) To establish, erect, maintain, and use at the station specified in the first and second schedules hereto appliances for the purpose of transmitting and receiving messages by means of wireless telegraphy or telephony (hereinafter called “the licensed installation”), provided that the appliances installed at the station shall be of the character specified in the said first and second schedules, and operated in accordance with the conditions specified.
Provided that—
(a) The licensed installation shall be worked solely for the purpose of conducting demonstrations in wireless telegraphy or telephony or conducting experiments in wireless telegraphy or telephony for the advancement of science.
(b) The transmitting apparatus used on the station shall be of such a character that the waves emitted are as pure and little damped as possible and the receiving apparatus used at the said station or stations shall be of such a character as to afford the greatest possible protection from disturbance during reception of signals.
(c) The wavelength to be employed by the transmitter shall be metres and the transmitting power watts measured in .
(d) The licensee shall comply with such directions as may be issued from, time to time by the Minister or Controller regarding times of transmission.
And I do hereby declare that the said licence and permission is granted on and subject to the following conditions and provisions, which may be altered, added to, or modified hereafter to meet public interests or requirements or emergencies.
Interpretation clause.
[edit | edit source]1. In these presents (and in the schedules hereto) the following words and expressions shall have the several meanings hereinafter assigned to them unless there be something, either in the subject or context, repugnant to such construction (that is to say):—
(1) The expression “wireless telegraphy” has the same meaning as in the Wireless Telegraphy Act 1905-1919.
(2) The terms “telegraph” and “telegraph line” have the same meaning as in the Post and Telegraph Act 1901-1916.
(3) The expression “naval signalling” means signalling by means of any system of wireless telegraphy or telephony between two or more ships of His Majesty’s Navy, between ships of His Majesty’s Navy and naval stations, or between a ship of His Majesty’s Navy or a naval station and any other wireless telegraph or telephone station, whether on shore or on any ship.
(4) The expression “His Majesty’s Navy” or “His Majesty’s ships” includes ships being part of the Naval Forces of any part of His Majesty’s Dominions.
(5) The expression “Australia” includes the territorial waters of the Commonwealth of Australia and of any territory of the Commonwealth of Australia.
(6) The expression “ military signalling “ means signalling by means of any system of wireless telegraphy or telephony between two or more sets of appliances for wireless telegraphy or telephony operated by or on behalf of the Military Forces of the Commonwealth of Australia, or between one such set of appliances and any other wireless telegraph or telephone station.
(7) The expression “Minister” means the Prime Minister or the Minister or Member of the Executive Council for the time being administering the Wireless Telegraphy Act 1900-1919.
(8) The expression “the Controller” means the Controller of Wireless.
Restrictions on use of installation.
[edit | edit source]2. The licensed installation shall not be used by the licensee or any other person either on behalf or by permission of the licensee for the transmission or receipt of messages except messages authorized by this licence.
Licensee to observe regulations as to wireless telegraphy.
[edit | edit source]3. The licensee shall observe the provisions of any regulations from time to time made under the Wireless Telegraphy Act 1905-1919 so far as the same are applicable to the licensee.
As to Interference.
[edit | edit source]4. (a) The licensed installation shall he so worked as not to interfere with the working of any wireless telegraph or telephone station established in Australia by or for the purposes of the Minister or any Department of the Commonwealth of Australia, or for commercial purposes, and in particular with the transmission or receipt of any messages between or at wireless telegraph or telephone stations established as aforesaid on land and wireless telegraph or telephone stations established on ships at sea. On no account shall His Majesty’s ships be called by means of the licensed installation.
(b) With a view to preventing such interference as aforesaid the licensee and every person acting on his behalf or by his permission shall comply with all directions which shall be given to the licensee by the Minister or the Controller or prescribed by the Minister with respect to avoiding interference between one wireless telegraph or telephone station and another,
(c) The licensed installation shall not without permission, in writing, from the Minister, or an officer thereunto authorized by him, be altered in respect of any of the particulars mentioned in the first and second schedules hereto.
(d) The licensee shall at all times indemnify the Commonwealth of Australia and the Minister against all actions, claims, and demands which may be brought or made by any corporation, company, or person in respect of any injury arising from any act licensed or permitted by these presents.
Protection of naval and military signalling.
[edit | edit source]5. (a) The licensee shall not (either by himself or by any person acting on his behalf or by his permission), by the transmission of any message by means of the licensed installation or otherwise by the use of the licensed installation, interfere with naval or military signalling.
(b) Whenever the operators of the said station of the licensee perceive, through the medium of the appliances used by them, that naval or military signalling is proceeding, they shall refrain from using the licensed installation until all indication that naval or military signalling is proceeding shall have ceased.
(c) These provisions for the protection of naval or military signalling shall be construed to be without prejudice to the generality of any other provisions of this licence.
Provision as to secrecy.
[edit | edit source]6. Neither the licensee nor any person acting on his behalf or by his permission shall divulge to any person (other than properly authorized officials of the Commonwealth of Australia or a competent legal tribunal), or make any use whatever of any message coming to the knowledge of the licensee or any such person as aforesaid by means of the installation hereby licensed.
Power of Minister to inspect installation.
[edit | edit source]7. The Minister, or any person authorized in writing by the Minister, the Secretary, or the Controller, may from time to time and at all reasonable times enter upon the station or other premises in the possession or occupation of the licensee, for the purpose of inspecting, and may inspect any installation fixed or being in such places respectively for the purpose of sending and receiving messages by wireless telegraphy or telephony and all other telegraphic or telephonic instruments and appliances fixed or being in such stations respectively and the working and the user of such installation and telegraphic or telephonic instruments respectively.
Licence not to be assigned.
[edit | edit source]8. Except with the consent in writing of the Minister or the Controller, the licensee shall not assign, underlet, or otherwise dispose of or admit any other person or body to participate in the benefits of the licences, powers, or authorities hereby granted, or any of such licences, powers, or authorities.
Power to take or control installation upon emergency.
[edit | edit source]9. (a) If and whenever, in the opinion of the Minister, an emergency shall have arisen in which it is expedient that His Majesty the King shall have control over the transmission and receipt of messages by the licensed installation it shall be lawful for the Minister to call upon the licensee to hand over to him one behalf of His Majesty the King so much of the licensed installation as is within Australia, or any part thereof, and if the said licensee shall comply with the demand the Minister or any person authorized by him may enter upon and take possession of the station specified in the first, and second schedules and use the same together with all appliances and instruments thereon.
(b) The Minister shall, during the period the possession and use of the said station, appliances, and instruments are retained on. behalf of His Majesty the King, reimburse to the licensee all wages and salaries paid by the licensee to persons employed in connexion with the said station, provided that the employment of such persons is necessary for the proper upkeep of the said station, and provided further that such wages or salaries are at the same rates as previously paid by the licensee for similar services.
(c) In the event of the licensee refusing to hand over the said station and appliances on demand, the Minister may immediately thereupon cancel this licence without prejudice to any steps the Governor-General in Council may think fit to take to obtain possession of the said station and appliances.
Schedules.
[edit | edit source]10. The technical details of the herein licensed installation are contained in the first schedule hereto; and the complete scheme of connexions authorized to be employed is shown in the second schedule hereto.
Licence fee.
[edit | edit source]11. (1) The licensee shall pay to the Minister for and in respect of the licence hereby granted a fee of One pound (£1) for each year or part of a year the licence is in force in respect of the station at which the licensed installation is installed.
(2) The fee shall be payable to the Minister annually in advance.
Provision for revocation of licence.
[edit | edit source]12. The Minister may at any time in his absolute discretion by notice in writing revoke and determine these presents and cancel the licence or permission hereby given at the end of twenty-four hours from the time of service of such notice, and at the expiration of that period the licence or permission hereby granted shall cease and determine accordingly, but without prejudice to any remedy of the Minister under any covenant or provision herein contained on the part of the licensee to be observed and performed.
Proviso as to compensation.
[edit | edit source]13. In the event of these presents and the licence or permission hereby given being revoked and determined by the Minister under the power hereinbefore contained or any other power thereunto enabling him, the licensee shall not be entitled to any compensation or damages by reason of the determination.
Licence not to affect Commonwealth rights.
[edit | edit source]14. Nothing in these presents contained shall prejudice or affect the right of the Commonwealth of Australia from time to time to establish, erect, extend, maintain, and use any system or systems of telegraphic or telephonic communication (whether of a like nature to that hereby licensed or otherwise) in such manner as it shall in its discretion think fit, neither shall anything herein contained prejudice or affect the right of the Commonwealth of Australia from time to time to enter into agreements for or to grant licences relative to the working and user of telegraphs or telephones (whether of a like nature to those hereby licensed or otherwise) or the transmission of messages in any part of Australia by means of wireless telegraphy or telephony or by any other means with or to any person or persons whomsoever, upon such terms as it shall in its discretion think fit, and (save as in this licence expressly provided) nothing herein contained shall be deemed to authorize the licensee to exercise any of the powers or authorities conferred on or acquired by the Postmaster-General by or under the Post and Telegraph Act 1901-1916 or by the Minister by or under the Wireless Telegraphy Act 1905-1919.
Notices, &c.
[edit | edit source]15. Any notice, request, or consent (whether expressed to be in writing or not) to be given or made by or for the Minister under these presents may, be under the hand of the Secretary for the time being of the Department being administered by the Minister or the Controller, and may be served by sending the same by registered letter addressed to the licensee at the usual or last-known place of residence or business of the licensee, and in such case the time of service shall be deemed to mean the time when in the ordinary course of post it would have been delivered to the licensee at such place; and any notice to be given by the licensee under these presents may be served by sending the same by registered letter addressed to such Secretary at his official address within the Commonwealth of Australia.
16. The licensee may communicate with any experimental radio-telegraph station licensed by the Minister for experimental purposes, providing that such communication does not interfere with the efficient operation of Defence and commercial stations.
In witness whereof the Minister or Member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919 has hereunto set his hand and seal the day and year first hereinbefore written.
SCHEDULE I.
[edit | edit source]Particulars of the Licensed Installation.
| 1.
Name of Licensee and Address of Station. |
2.
Description of Transmitting Apparatus. |
3.
Description of Receiving Apparatus. |
4
Wave Length to be employed in Transmitter. |
5.
Maximum energy (watts) permitted to be employed in Transmitter. |
Other particulars:
SCHEDULE II.
[edit | edit source]Complete scheme of connexions and aerial system authorised to be employed in the herein licensed station.
This drawing, purely diagrammatic, shows the circuits authorized to be employed in the licensed installation.
| SIGSIGNED, sealed, and delivered by the Minister or member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919 in the presence of— | (l. s.) |
This licence is accepted by me under the provisions and terms and on the conditions above set out.
| SIGNED, sealed, and delivered by the said licensee in the presence of— | (l s.) |
Commonwealth of Australia.
Form 6.
EXPERIMENTAL LICENCE. (Receiving Only.)
[edit | edit source]No.
Dated 19
To all to whom these presents shall come, I the Honorable the Minister or Member of the Executive Council for the time being administering the Wireless Telegraphy Act 1005-1919 send greeting:
WHEREAS of in the State of (hereinafter called “the licensee”) is desirous of establishing, erecting, maintaining, and using a system of wireless telegraphy or telephony as defined in section 2 of the Wireless Telegraphy Act 1905-1919 with the sole object of conducting demonstrations or experiments in wireless telegraphy or telephony.
AND WHEREAS by reason of the provisions of the Post and Telegraph Act 1901-1916, and of the Wireless Telegraphy Act 1905-1919, it is unlawful to establish, erect, maintain, or use any station or appliance for the purpose of transmitting or receiving messages by means of wireless telegraphy or telephony except under and in accordance with a licence granted in that behalf by the Minister or Member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919, and it is also unlawful, save as in the said Acts provided, to transmit telegrams or other communications by telegraph within the Commonwealth of Australia.
AND WHEREAS the licensee has made application for this licence;
NOW I, the Minister or Member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919 aforesaid, in pursuance of the Wireless Telegraphy Act 1905-1919 and in exercise of all powers and authorities enabling me in this behalf, do hereby grant to the licensee from the date of these presents until these presents are determined as hereinafter provided, licence and permission—
(i) To establish, erect, maintain, and use at the station specified in the first and second schedules hereto, appliances for the purpose only of receiving messages by means of wireless telegraphy or telephony (hereinafter called “the licensed installation”) provided that the appliances installed at the station shall be of the character specified in the said first and second schedules; and
(ii) To receive messages by means of wireless telegraphy or telephony at the said station from any experimental station, licensed by the Minister;
Provided that the licensed installation shall be worked and the messages shall be received solely for the purpose of conducting experiments in wireless telegraphy or telephony.
And I do hereby declare that the said licence and permission is granted on and subject to the following conditions and provisions:—
Interpretation clause.
[edit | edit source]1. In these presents (and in the schedules hereto) the following words and expressions shall have the several meanings hereinafter assigned to them unless there be something, either in the subject or context, repugnant to such construction (that is to say):—
(1) The expression “wireless telegraphy” has the same meaning as in the Wireless Telegraphy Act 1905-1919.
(2) The terms “telegraph” and “telegraph line” have the same meanings as in the Post and Telegraph Act 1901-1916.
(3) The expression “naval signalling” means signalling by means of any system of wireless telegraphy or telephony between two or more ships of His Majesty’s Navy between ships of His Majesty’s Navy and Naval Stations or between a ship of His Majesty’s Navy or a Naval Station, and any other wireless telegraph or telephone station, whether on shore or in any ship.
(4) The expression “His Majesty’s Navy” or “His Majesty’s ships” includes ships being part of the Naval Forces of any part of His Majesty’s Dominions.
(5) The expression “Australia” includes the territorial waters of the Commonwealth of Australia and of any territory of the Commonwealth of Australia.
(6) The expression “military signalling” means signalling by means of any system of wireless telegraphy or telephony between two or more sets of appliances for wireless telegraphy or telephony operated by or on behalf of the Military Forces of the Commonwealth of Australia or between one such set of appliances and any other wireless telegraph or telephone station.
(7) The expression “Minister” means the Prime Minister or the Minister or Member of the Executive Council for the time being administering the Wireless Telegraph Act 1905-1919.
(8) The expression “the Controller” means the Controller of Wireless.
Restrictions on use of installation.
[edit | edit source]2. The licensed installation shall not be used by the licensee or any other person either on behalf or by permission of the licensee for the receipt of messages except messages authorized by this licence.
Licensee to observe regulations as to wireless telegraphy.
[edit | edit source]3. The licensee shall observe the provisions of any regulations from time to time made under the Wireless Telegraphy Act 1905-1919 so far as the same are applicable to the licensee.
Alteration of installation.
[edit | edit source]4. (a) The licensed installation shall not without the previous consent in writing of the Minister or the Controller be altered in respect of any of the particulars mentioned in the first and second schedules hereto.
Indemnity.
[edit | edit source](b) The licensee shall at all times indemnify the Commonwealth of Australia and the Minister against all actions, claims, and demands which may be brought or made by any corporation, company, or person in respect of any injury arising from any act licensed or permitted by these presents.
Provision as to secrecy.
[edit | edit source]5. Neither the licensee nor any person acting on his behalf or by his permission shall divulge to any person (other than properly authorized officials of the Commonwealth of Australia or a competent legal tribunal), or make any use whatever of any message coming to the knowledge of the licensee or any such person as aforesaid by means of the installation hereby licensed. A declaration of secrecy of wireless communications shall be made by the licensee and by every person having access to the licensed installation.
Licensee not to deliver messages without permission of Minister.
[edit | edit source]6. The licensee shall not deliver or cause to be delivered to any person any messages received by him by wireless telegraphy or telephony unless the transmission or delivery of such message has been approved by the Minister or the Controller or by an officer duly authorized by him to approve thereof.
Power of Minister to inspect installation.
[edit | edit source]7. The Minister or any person authorized in writing by the Minister the Secretary or the Controller may from time to time and at all reasonable times enter upon the station or other premises in the possession or occupation of the licensee for the purpose of inspecting and may inspect any installation fixed or being in such places respectively for the purpose of receiving message by wireless telegraphy or telephony and all other telegraphic or telephonic instruments and appliances fixed or being in such stations respectively and the working and the user of such installation and telegraphic or telephonic instruments respectively.
Licence not to be assigned.
[edit | edit source]8. The licences powers and authorities hereby granted shall not except with the previous consent in writing of the Minister or the Controller be assigned transferred sublet or otherwise disposed of or dealt with and the licensee shall not except with a like consent allow any other person or body to participate in any manner whatsoever in the benefits of such licences powers or authorities.
9. (a) If and whenever, in the opinion of the Minister, an emergency shall have arisen in which it is expedient that His Majesty the King shall have control over the station or premises specified in the first and second schedules hereto and the appliances and instruments thereon it shall be lawful for the Minister to call upon the licensee to hand over to him on behalf of His Majesty the King such station premises appliances and instruments or any part or parts thereof and if the licensee shall comply with such demand the Minister or any person thereunto authorized by him may enter upon such station or premises and take possession of and use the same together with all appliances and instruments thereon.
(b) The Minister shall during the period the possession and use of the said station premises installation and instruments are retained on behalf of His Majesty the King reimburse to the licensee all wages and salaries paid by the licensee to persons employed in connexion with the said station or premises provided that the employment of such persons is necessary for the proper upkeep of the said station or premises and provided further that such wages or salaries are at the same rates as previously paid by the licensee for similar services.
(c) In the event of the licensee refusing to hand over on demand the said station or premises and the installation and instruments thereon the Minister may immediately thereupon cancel this licence without prejudice to any steps the Governor-General in Council may think fit to take to obtain possession of such station, premises, installation or instruments.
Schedules.
[edit | edit source]10. The technical details of the herein licensed installation are contained in the first schedule hereto, and the complete scheme of connexions authorized to be employed is shown in the second schedule hereto.
Licence fee.
[edit | edit source]11. (a) The licensee shall pay to the Minister for and in respect of the licence hereby granted a fee of ten shillings (10s.) for each year or part of a year the licence is in force in respect of the station at which the licensed installation is installed.
(b) The fee shall be payable to the Minister annually in advance.
Provision for revocation of licence.
[edit | edit source]12. The Minister may at any time in his absolute discretion give notice in writing to revoke and determine these presents and to cancel the licence or permission hereby given at the end of twenty-four hours from the time of service of such notice and at the expiration of that period the licence or permission hereby granted shall cease and determine accordingly but without prejudice to any remedy of the Minister under any covenant or provision herein contained on the part of the licensee to be observed and performed.
Proviso as to compensation.
[edit | edit source]13. In the event of these presents, and the licence or permission hereby given being revoked and determined by the Minister under the power hereinbefore contained or any other power hereunto enabling him the licensee shall not be entitled to any compensation or damages by reason of the determination.
Licence not to affect Commonwealth rights.
[edit | edit source]14. Nothing in these presents contained shall prejudice or affect the right of the Commonwealth of Australia from time to time to establish erect extend maintain and use any system or systems of telegraphic or telephonic communication. (whether of a like nature to that hereby licensed or otherwise) in such manner as it shall in its discretion think fit neither shall anything herein contained prejudice or affect the right of the Commonwealth of Australia from time to time to enter into agreements for or to grant licences relative to the working and user of telegraphs or telephones (whether of a like nature to those hereby licensed or otherwise) or the transmission of messages in any part of Australia by means of wireless telegraphy or telephony or by any other means with or to any person or persons whomsoever upon such terms as it shall in its discretion think fit and (save as in this licence expressly provided) nothing herein contained shall be deemed to authorize the licensee to exercise any of the powers or authorities conferred on or acquired by the Postmaster-General by or under the Post and Telegraph Act 1901-1918 or by the Minister under the Wireless Telegraphy Act 1905-1919.
Notices, &c.
[edit | edit source]15. Any notice request or consent (whether expressed to be in writing or not) to be given by or for the Minister under these presents may be under the hand of the Secretary for the time being to the Department being administered by the Minister or the Controller, and may be served by sending the same by registered letter addressed to the licensee at the usual or last known place of residence or business of the licensee and in such case the time of service shall be deemed to mean the time when in the ordinary course of post it would have been delivered to the licensee at such place and any notice to be given by the licensee under these presents may be served by sending the same by registered letter addressed to such Secretary at his official address within the Commonwealth.
In witness whereof the Minister or Member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919 has hereunto set his hand and seal the day and year first hereinbefore written.
SCHEDULE I.
[edit | edit source]| 1.
Names of Station. |
2.
Description of Receiving Apparatus. |
SCHEDULE II.
[edit | edit source]Complete scheme of connexions authorized to be employed in the herein licensed installation.
This drawing, purely diagrammatic, shows the circuits authorized to be employed in the licensed installation.
| SIGNED, sealed, and delivered by the Minister or member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919 in the presence of— | (l. s.) |
This licence is accepted by me under the provisions and terms and on the conditions above set out.
| SIGNED, sealed, and delivered by the said licensee in the presence of— | (l s.) |
Commonwealth of Australia.
Form 7.
PORTABLE STATION LICENCE.
[edit | edit source]No.
Dated 19
To all to whom these presents shall come, I, the Honorable the Minister or member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919, send greeting :
Whereas of in the State of (hereinafter called “the licensee”), is desirous of establishing, erecting, maintaining, and using a system of wireless telegraphy or telephony as defined in section 2 of the Wireless Telegraphy Act 1905-1919, for the purpose of experiment or communication with station. And whereas by reason of the provisions of the Post and Telegraph Act 1901-4916 and of the Wireless Telegraphy Act 1905-1919 it is unlawful to establish, erect, maintain, or use any station or appliance for the purpose of transmitting or receiving messages by means of wireless telegraphy or telephony except under and in accordance with a licence granted in that behalf by the Minister or member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919, and it is also unlawful, save as in the said Acts provided, to transmit telegrams or other communications by telegraph within the Commonwealth of Australia:
And whereas the licensee has made application for this licence:
Now I, , the Minister or member of the Executive Council for the time being administering the Wireles3 Telegraphy Act 1905-1919 aforesaid, in pursuance of the Wireless Telegraphy Act 1905-1919, and in exercise of all powers and authorities enabling me in this behalf, do hereby grant to the licensee from the date of these presents until these presents are determined as hereinafter provided, licence and permission—
(i) To establish, erect, maintain, and use at the station specified in the first and second schedules hereto appliances for the purpose of transmitting and receiving messages by means of wireless telegraphy or telephony (hereinafter called “the licensed installation”), provided that the appliances installed at the station shall be of the character specified in the said first and second schedules, and operated in accordance with the conditions specified.
Provided that (a) in no case shall the licensed apparatus be operated in such a way as to constitute competition with the Postmaster-General’s telegraph or telephone services or with commercial wireless services.
(b) The transmitting apparatus used on the station shall be of such a character that the waves emitted are as pure and little damped as possible, and the receiving apparatus used at the said station or stations shall he of such a character as to afford the greatest possible protection from disturbance during reception of signals.
(c) The wave length to be employed by the transmitter shall be metres, and the transmitting power watts measured in
(d) The licensee shall comply with such directions as may be issued from time to time by the Minister or Controller regarding times of transmission,
(e) The licensed installation shall be operated in a locality described as follows:—
And I do hereby declare that the said licence and permission is granted on and subject to the following conditions and provisions, which may be altered, added to, or modified hereafter to meet public interests or requirements or emergencies.
Interpretation clause.
[edit | edit source]1. In these presents (and in the schedules hereto) the following words and expressions shall have the several meanings hereinafter assigned to them unless there be something either in the subject or context, repugnant to such construction (that is to say):—
(1) The expression “wireless telegraphy” has the same meaning as in the Wireless Telegraphy Act 1905-1919.
(2) The terms “telegraph” and “telegraph line” have the same meaning as in the Post and Telegraph Act 1901-1916.
(3) The expression “naval signalling” means signalling by means of any system of wireless telegraphy or telephony, between two or more ships of His Majesty’s Navy, between ships of His Majesty’s Navy and naval stations, or between a ship of His Majesty’s Navy or a naval station and any other wireless telegraph or telephone station, whether on shore or on any ship.
(4) The expression “His Majesty’s Navy” or “His Majesty’s ships” includes ships being part of the Naval Forces of any part of His Majesty’s Dominions.
(5) The expression “Australia” includes the territorial waters of the Commonwealth of Australia and of any territory of the Commonwealth of Australia.
(6) The expression “military signalling” means signalling by means of any system of wireless telegraphy or telephony between two or more sets of appliances for wireless telegraphy or telephony operated by or on behalf of the Military Forces of the Commonwealth of Australia, or between one such set of appliances and any other wireless telegraph or telephone station.
(7) The expression “Minister” means the Prime Minister or the Minister or member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919
(8) The expression “portable station” means a station in no fixed location capable of being removed from place to place, and being operated in transit for the purposes of communication by wireless telegraphy, with other authorized stations.
(9) The expression “the Controller” means the Controller of Wireless.
Restrictions on use of installation.
[edit | edit source]2. The licensed installation shall not be used by the licensee or any other person either on behalf or by permission of the licensee for the transmission or receipt of messages except as authorized by this licence.
Licensee to observe regulations as to wireless telegraphy.
[edit | edit source]3. The licensee shall observe the provisions of any regulations from time to time made under the Wireless Telegraphy Act 1905-1919 so far as the same are applicable to the licensee.
As to interference.
[edit | edit source]4. (a) The licensed installation shall be so worked as not to interfere with the working of any wireless telegraph or telephone station established in Australia by or for the purposes of the Minister or any Department of the Commonwealth of Australia, or for commercial purposes, and in particular with the transmission or receipt of any messages between or at wireless telegraph or telephone stations established as aforesaid on land and wireless telegraph or telephone stations established on ships at sea. On no account shall His Majesty’s ships be called by means of the licensed installation.
(b) With a view to preventing such interference as aforesaid the licensee and every person acting on his behalf or by his permission shall comply with all directions which shall be given to the licensee by the Minister or prescribed by the Minister or the Controller with respect to avoiding interference between one wireless telegraph or telephone station and another.
(c) The licensed installation shall not without permission, in writing, from the Minister, the Controller, or an officer thereunto authorized by him, be altered in respect of any of the particulars mentioned in the first and second schedules hereto.
(d) The licensee shall at all times indemnify the Commonwealth of Australia and the Minister against all actions, claims, and demands which may be brought or made by any corporation, company, or person in respect of any injury arising from any act licensed or permitted by these presents.
(e) The licensed installation shall be operated by a certificated operator or competent person so authorized by the Controller.
Protection of naval and military signalling.
[edit | edit source]5. (a) The licensee shall not (either by himself or by any person acting on his behalf or by his permission), by the transmission of any message by means of the licensed installation or otherwise by the use of the licensed installation, interfere with naval or military signalling.
(b) Whenever the operators of the said station of the licensee perceive, through the medium of the appliances used by them, that naval or military signalling is proceeding, they shall refrain from using the licensed installation until all indication that naval or military signalling is proceeding shall have ceased.
(c) These provisions for the protection of naval or military signalling shall be construed to be without prejudice to the generality of any other provisions of this licence.
Provision as to secrecy.
[edit | edit source]6. Neither the licensee nor any person acting on his behalf or by his permission shall divulge to any person (other than properly authorized officials of the Commonwealth of Australia or a competent legal tribunal), or make any use whatever of any message coming to the knowledge of the licensee or any such person as aforesaid by means of the installation hereby licensed. All persons having access to the licensed installation shall make a declaration of secrecy of wireless communications.
Power of Minister to inspect installation.
[edit | edit source]7. The Minister or any person authorized in writing by the Minister, the Secretary, or the Controller may from time to time and at all reasonable times enter upon the station or other premises in the possession or occupation of the licensee, for the purpose of inspecting, and may inspect any installation fixed or being in such places respectively for the purpose of sending and receiving messages by wireless telegraphy or telephony and all other telegraphic or telephonic instruments and appliances fixed or being in such stations respectively and the working and the user of such installation and telegraphic or telephonic instruments respectively.
Licence not to be assigned.
[edit | edit source]8. Except with the consent in writing of the Minister or the Controller, the licensee shall not assign, underlet, or otherwise dispose of or admit any other person or body to participate in the benefits of the licences, powers, or authorities hereby granted or any of such licences, powers, or authorities.
Power to take possession of or control installation upon emergency.
[edit | edit source]9. (a) If and whenever, in the opinion of the Minister, an emergency shall have arisen which it is expedient that His Majesty the King shall have control over the transmission and receipt of messages by the licensed installation it shall be lawful for the Minister to call upon the licensee to hand over to him on behalf of His Majesty the King so much of the licensed installation as is within Australia, or any part thereof, and if the said licensee shall comply with the demand the Minister or any person authorized by him may enter upon and take possession of the station specified in the first and second schedules and use the same together with all appliances and instruments thereon,
(b) The Minister shall, during the period the possession and use of the said station, appliances, and instruments are retained on behalf of His Majesty the King, reimburse to the licensee all wages and salaries paid by the licensee to persons employed in connexion with the said station, provided that the employment of such persons is necessary for the proper upkeep of the said station, and provided further that such wages or salaries are at the same rates as previously paid by the licensee for similar services.
Schedules.
[edit | edit source](c) In the event of the licensee refusing to hand over the said station and appliances on demand, the Minister may immediately thereupon cancel this licence without prejudice to any steps the Governor-General in Council may think fit to take to obtain possession of the said station and appliances.
Licence-fee.
[edit | edit source]10. The technical details of the herein licensed installation are contained in the first schedule hereto and the complete scheme of connexions authorized to be employed is shown in the second schedule hereto.
11. (1) The licensee shall pay to the Minister for and in respect of the licence hereby granted a fee of One pound (£1) for each year or part of a year the licence is in force in respect of the station at which the licensed installation is installed.
(2) The fee shall be payable to the Minister annually in advance.
Provision for revocation of licence.
[edit | edit source]12. The Minister may at any time in his absolute discretion by notice in writing revoke and determine these presents and cancel the licence or permission hereby given at the end of twenty-four hours from the time of service of such notice, and at the expiration of that period the licence or permission hereby granted shall cease and determine accordingly, but without prejudice to any remedy of the Minister under any covenant or provision herein contained on the part of the licensee to be observed and performed,
13. In the event of these presents and the licence or permission hereby given bring revoked and determined by the Minister under the power hereinbefore contained or any other power thereunto enabling him, the licensee shall not be entitled to any compensation or damages by reason of the determination.
Licence not to affect Commonwealth rights.
[edit | edit source]14. Nothing in these presents contained shall prejudice or affect the right of the Commonwealth of Australia from time to time to establish, erect, extend, maintain, and use any system or systems of telegraphic or telephonic communication (whether of a like nature to that hereby licensed or otherwise) in such manner as it shall in its discretion think fit, neither shall anything herein contained prejudice or affect the right of the Commonwealth of Australia from time to time to enter into agreements for or to grant licences relative to the working and user of telegraphs or telephones (whether of a like nature to those hereby licensed or otherwise) or the transmission of messages in any part of Australia by means of wireless telegraphy or telephony or by any other means with or to any person or persons whomsoever, upon such terms as it shall in its discretion think fit, and (save as in this licence expressly provided) nothing herein contained shall be deemed to authorise the licensee to exercise any of the powers or authorities conferred on or acquired by the Postmaster-General by or under the Post and Telegraph Act 1901-1916 or by the Minister by or under the Wireless Telegraphy Act 1905-1919.
Notices, &c.
[edit | edit source]15. Any notice, request, or consent (whether expressed to be in writing or not) to be given or made by or for the Minister under these presents may be under the hand of the Secretary for the time being of the Department being administered by the Minister or the Controller, and may be served by sending the same by registered letter addressed to the licensee at the usual or last-known place of residence or business of the licensee, and in such case the time of service shall be deemed to mean the time when in the ordinary course of post it would have been delivered to the licensee at such place; and any notice to be given by the licensee under these presents may be served by sending the same by registered letter addressed to such Secretary at his official address within the Commonwealth of Australia.
16. The licensee may communicate with any experimental radiotelegraph station licensed by the Minister for experimental purposes, providing that such communication does not interfere with the efficient operation of Defence and commercial stations.
In witness whereof the Minister or member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905–1919 has hereunto set his hand and seal the day and year first hereinbefore written.
SCHEDULE I.
[edit | edit source]Particulars of the Licensed Installation.
| 1.
Name and Address of Licensee. |
2.
Description of Transmitting Apparatus. |
3.
Description of Receiving Apparatus. |
4.
Wave Length to be employed in Transmitter. |
5.
Maximum. Energy (Watts) permitted to be employed in Transmitter. |
Other particulars:—
SCHEDULE II.
[edit | edit source]Complete Scheme of Connexions authorized to be employed in the herein Licensed Station.
This drawing, which is purely diagrammatic, shows the circuits authorized to be employed in both the transmitter and receiver.
| SIGNED, sealed, and delivered by the Minister or member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919 in the presence of— | (l. s.) | |
| SIGNED, sealed, and delivered by the said licensee in the presence of— | (l s.) | |
Commonwealth of Australia.
AIRCRAFT STATION LICENCE.
[edit | edit source]Form 8.
Dated 19
To all to whom these presents shall come, I, the Honorable the Minister, or member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919, send greeting:
WHEREAS of in the State of (hereinafter called “the Licensee”) is desirous of establishing, erecting, maintaining, and using on aircraft described as employed on service belonging to the Licensee appliances for the purpose of transmitting and receiving messages by means of wireless telegraphy:
AND WHEREAS by the Wireless Telegraphy Act 1905-1919 of the Commonwealth of Australia it is enacted that licences to establish, erect, maintain, and use stations and appliances for the purpose of transmitting or receiving messages by means of wireless telegraphy may be granted by the Minister or member of the Executive Council for the time being administering the Act, for such terms and on such conditions and on payment of such fees as are prescribed:
AND WHEREAS the Licensee has made application for this licence and has paid the prescribed fee payable in respect thereof:
NOW I, the Minister or member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919 aforesaid, in pursuance of the Wireless Telegraphy Act 1905-1919, and in exercise of all powers and authorities enabling me in this behalf, do hereby grant to the licensee during the term or period commencing on the day of 19 , and terminating on the day of 19 , licence and permission—
(i) To establish, erect, maintain, and use on the station specified in the first and second schedules hereto appliances for the purpose of transmitting and receiving messages by means of wireless telegraphy or telephony (hereinafter called “the licensed installation”), provided that the appliances installed at the station shall be of the character specified in the said first and second schedules and operated in accordance with the conditions specified.
Provided that—
(a) The apparatus installed shall be of the character specified in the said first schedule ;
(b) A complete scheme of the connexions intended to be employed shall be supplied by the Licensee ;
(c) The transmitting apparatus used on the aircraft station shall be of such a character that the waves emitted are as pure and little damped as possible and the receiving apparatus used at the said station shall be of such a character as to afford the greatest possible protection from disturbance during the reception of signals.
(d) The wave-length to be employed shall be metres and the power of the transmitter watts.
(ii) To transmit and receive messages by means of the licensed installation between the said aircraft station and other stations.
AND I do hereby declare that the said licence and permission is granted on and subject to the following conditions and provisions:—
Interpretation clause.
[edit | edit source]1. In these presents (and in the first schedule hereto) the following words and expressions shall have the several meanings hereinafter assigned to them unless there be something either in the subject or context repugnant to such construction (that is to say):—
The expression “wireless telegraphy” has the same meaning as in the Wireless Telegraphy Act 1905-1919.
The term “telegraph” has the same meaning as in the Telegraph Act 1869 of the United Kingdom.
The expression “naval signalling” means signalling by means of any system of wireless telegraphy between two or more ships of His Majesty’s Navy between ships of His Majesty’s Navy and Naval Stations or between a ship of His Majesty’s Navy or a Naval Station and any other wireless telegraph station, whether a coast station or a ship station.
The expressions “the International Telegraph Convention” and “the International Telegraph Regulations” mean respectively the International Convention of St. Petersburg, dated the 10th-22nd July, 1875, and the Service Regulations made thereunder, and include respectively any modifications of the Convention or Regulations made from time to time.
The expression “Controller” means the Controller of Wireless.
The expression “the Radio-telegraphic Convention 1912 “ means the Convention signed at London on the 5th day of July, 1912, and the Service Regulations made thereunder, and includes any modification of the Convention or Regulations made from time to time.
The expression “coast station” means a station which is established on land or on board a ship permanently moored, and which is open for the transmission and receipt of messages by means of wireless telegraphy between land and ship stations or other coast stations.
The expression “land station” means a station, not being a coast station, established on land for the purpose of communicating by means of wireless telegraphy with other stations.
The expression “ship station” means a wireless telegraph station established on board a ship which is not permanently moored
The expression “aircraft station” means a station on aircraft operated for the purpose of communicating with other authorized stations.
The expression “the Controller” means the Controller of Wireless.
Regulations on use of installation.
[edit | edit source]2. The licensed installation shall not be used by the Licensee or by any other person, either on behalf or by permission of the Licensee, for the transmission or receipt of messages except authorized by this licence.
Protection of naval signalling.
[edit | edit source]3. (1) The Licensee shall not by the transmission of any message by means of the licensed installation or otherwise by the use of the licensed installation interfere with naval signalling.
(2) Stations using wave-lengths longer than those set apart for naval purposes shall not emit any subsidiary waves or harmonics likely to interfere with signalling or the commercial wave-lengths or naval wave-lengths in the vicinity.
(3) If the Minister is of opinion that the working of the licensed installation specified in the first schedule hereto is inconsistent with the free use of naval signalling, the Licensee shall when required in writing by the Minister so to do, close the station.
(4) These provisions for the protection of naval signalling shall be construed to be without prejudice to the generality of any other provisions of this licence.
Licensee to observe International Telegraph Convention and Regulations.
[edit | edit source]4. For the purpose of this licence, the Licensee shall observe the International Telegraph Convention and the International Telegraph Regulations so far as the said Convention and Regulations are capable of being applied to wireless telegraphy in common with ordinary land and submarine telegraphy.
Licensee to observe Regulations as to wireless telegraphy.
[edit | edit source]5. The Licensee shall observe the provisions of any regulations from time to time made under the Wireless Telegraphy Act 1905-1919 so far as the same are applicable to the Licensee.
Radio-telegraphic Convention to be observed.
[edit | edit source]6. The Licensee shall observe the provisions of the Radio-telegraphic Convention 1912.
As to interference.
[edit | edit source]7. The Licensee shall comply with all such directions and observe all such rules as may be given or made by the Minister or the Controller from time to time for the purpose of preventing interference with the working of any other wireless telegraph station and for enabling the messages exchanged by means of the licensed installation to be distinguished from those emanating from any other wireless telegraph station.
Alteration of installation.
[edit | edit source]8. The licensed installation shall not without the consent of the Minister or the Controller be altered or modified in respect of any of the particulars mentioned in the schedules hereto.
Indemnity of Minister.
[edit | edit source]9. The Licensee shall at all times indemnify the Minister against all actions, claims, and demands which may be brought or made by any corporation, company, or person in respect of any injury arising from any act licensed or permitted by these presents.
As to persons employed to work station.
[edit | edit source]10. The licensed installation on the said aircraft station shall be worked only by a competent person or persons authorized by the Controller.
Provisions as to secrecy.
[edit | edit source]11. The Licensee and any person employed by him in operating the licensed installation shall not divulge to any person (other than properly authorized officials of His Majesty’s Government or the Government of the Commonwealth or a competent legal tribunal) or make any use whatever of any message coming to the knowledge of the Licensee by means of the installation hereby licensed. All persons having access to the licensed installation shall make a declaration of secrecy of wireless communications.
Power of Minister to inspect installation.
[edit | edit source]12. The Minister or any person authorized in writing by the Minister, the Secretary, of the Controller may at all reasonable times enter upon the aircraft station hereby licensed for the purpose of inspecting, and may inspect any installation fixed or being in such station for the purpose of sending and receiving .messages by wireless telegraphy, and all other telegraphic instruments and apparatus fixed or being in such station, and the working and use of such installation and telegraphic instruments.
Fees.
[edit | edit source]13. (1) The Licensee shall pay to the Minister for and in respect of the licence hereby granted a fee of One pound per annum.
(2) The fee payable under this licence shall be payable before the issue of the licence, and the fee payable upon the renewal of the licence shall be payable before such renewal.
Licence not to be assigned.
[edit | edit source]14. Except with the consent in writing of the Minister, the Secretary, or the Controllers the Licensee shall not assign, underlet, or otherwise dispose of or admit any other person or body to participate in the benefit of the licence powers or authorities hereby granted.
Power to take possession of or control installation upon emergency.
[edit | edit source]15. (a) If and whenever, in the opinion of the Minister, an emergency shall have arisen in which it is expedient that His Majesty the King shall have control over the transmission and receipt of messages by the licensed installation, it shall be lawful or the Minister to call upon the Licensee to hand over to him on behalf of His Majesty the King the licensed installation, or any part thereof, and if the said Licensee shall comply with the demand the Minister or any person authorised by him may enter upon and take possession of the station specified in the first and second schedules and use the same together with all appliances and instruments thereon.
(b) The Minister shall, during the period the possession and use of the said station, appliances, and instruments are retained on behalf of His Majesty the King, reimburse to the Licensee all wages and salaries paid by the Licensee to persons. employed in connexion with the said station, provided that the employment of such persons is necessary for the proper upkeep of the said station, and provided further that such wages or salaries are at the same rates as previously paid by the Licensee for similar services.
(c) In the event of the Licensee refusing to hand over the said station and appliances on demand, the Minister may immediately thereupon cancel this licence without prejudice to any steps the Governor-General in Council may think fit to take to obtain possession of the said station and appliances.
(d) The Licensee shall be entitled to reasonable compensation for any damage to the licensed installation arising in consequence of the exercise of the powers conferred by this clause.
16. In any of the following cases (that is to say):—
(a) In case of any breach, non-observance, or non-performance by or on the part of the Licensee of any or the covenants (other than a covenant for the payment of money) or conditions herein contained, and on the part of the Licensee to be observed and performed; or
(b) In case the Licensee fails to comply with any regulations for the time being in force under the Wireless Telegraphy Act 1905-1919,
then and in any such case the Minister may by notice in writing revoke and determine these presents, and the licence, powers, and authorities hereinbefore granted, and thereupon these presents and the said licence, powers, and authorities shall absolutely cease, determine, and become void, but without prejudice to any right of action or remedy which shall have accrued or shall thereafter accrue to the Minister under the covenants on the part of the Licensee herein contained.
Licence not to affect Minister’s rights.
[edit | edit source]17. Nothing in these presents contained shall prejudice or affect the right of the Minister from time to time to establish, extend, maintain, and work any system or systems of telegraphic communication (whether of a like nature to that hereby licensed or otherwise) in such manner as he shall in his discretion think fit ; neither shall anything herein contained prejudice or affect the right of the Minister from time to time to enter into agreements for or to grant licences relative to the working and use of telegraphs (whether of a like nature to those hereby licensed or otherwise) or to the transmission of messages in any part of the Commonwealth or any Territory under the control of the Commonwealth by means of wireless telegraphy, or by any other means with or to any person or persons whomsoever upon such terms as he shall in his discretion think fit, and (have as in this licence expressly provided) nothing herein contained shall be deemed to authorize the Licensee to exercise any of the powers or authorities conferred on or acquired by the Minister by or under the Post and Telegraph Act 1901-1916 or the Wireless Telegraphy Act 1905-1919.
Notices, &c.
[edit | edit source]18. Any notice, request, or consent (whether expressed to be in writing or not) to be given by the Minister under these presents may be under the hand of the Minister, the Controller, or any officer authorized by him to act on his behalf, and may be served by sending the same in a registered letter addressed to the Licensee at the usual or last-known place of residence or business of the Licensee, and any notice to be given by the Licensee under these presents may be served by sending the same in a registered letter addressed to the Secretary at his official address within the Commonwealth.
SCHEDULE I.
[edit | edit source]Particulars of the Licensed Installation.
| 1. | 2. | 3. | 4. | Normal Range of Signalling in Miles. | Character of Apparatus. | Power. | ||
| Name and Address of Licensee. | Service or Locality in which Aircraft is employed. | Nature of Services performed. | Hours of Service. | 5. | 6. | 7 | 8 | 9 |
| By Night. | By Day. | System of Radio-telegraphy and Characteristics of the System of Emission. | Wave-length in metres. | Source and maximum Output. Maximum to be taken by transmitting instruments. | ||||
Other particulars:—
SCHEDULE II.
[edit | edit source]Complete scheme of connexions and aerial system authorized to be employed in the herein licensed station.
This drawing, purely diagrammatic, shows the circuits authorized to be employed in both the transmitter and receiver.
| SIGNED, sealed, and delivered by the Minister or member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919 in the presence of— | (l. s.) |
This licence is accepted by me under the provisions and terms and on the conditions above set out.
| SIGNED, sealed, and delivered by the said licensee in the presence of— | (l s.) |
Commonwealth of Australia.
Certificate No.
Form 9.
CERTIFICATE OF PROFICIENCY IN RADIO-TELEGRAPHY.
[edit | edit source]Granted by the Prime Minister.
First Class.
This is to certify that, under the provisions of the International Radio-telegraphic Convention and the Wireless Telegraphy Act 1905-1919, Mr. has been examined in Radio-telegraphy, and has passed in—
(а) The adjustment of apparatus and knowledge of its working.
(b) Transmission and sound-reading at a speed of not less than twenty words a minute.
(c) Knowledge of the regulations applicable to the exchange of radio-telegraphic traffic.
The candidate is proficient in the following systems:—
It is also certified hereby that the holder has made a legal declaration that he will preserve the secrecy of correspondence.
Signature of Certifying Officer—
Controller of Wireless.
Secretary, Prime Minister’s Department. (Date).
Signature of Holder—
Date of Birth— Place of Birth—
N.B.—This Certificate may be indorsed, or withdrawn, at the discretion of the Minister, in case of misconduct or breach of the Regulations on the part of the holder. Unless so withdrawn, it will continue to be valid so long as the Regulations of the Radio-telegraphic Convention concluded in London in 1912 remain in force.
Particulars of the holder’s service should be indorsed hereunder by the masters of vessels on which the holder of certificate has served:—
| Name of Ship. | Period of Service. | Efficiency. | Character. | Master’s Signature and Date. |
Commonwealth of Australia.
Form 10.
CERTIFICATE OF PROFICIENCY AS A WATCHER IN RADIO-TELEGRAPHY.
[edit | edit source]Granted by the Prime Minister.
This is to certify that, under the provisions of the Navigation Act 1912-1920, Mr. has been examined in Radio-telegraphy, and—
(а) is capable of receiving and understanding the Radio-telegraph Distress Signal and the Alarm Signal;
(b) has sufficient knowledge of the apparatus on which he will be required to keep watch to know by means of a buzzer or other simple test that it is in proper condition to receive signals.
It is also certified hereby that the holder has made a declaration that he will preserve the secrecy of correspondence.
Signature of Examining Officer—
The holder of this Certificate is therefore authorized to perform the duties of a Watcher in Radio-telegraphy.
for Secretary, Prime Minister’s Department.
Date—
Signature of Holder—
Date of Birth—
Place of Birth—
Commonwealth of Australia.
Form 11.
STATUTORY DECLARATION REGARDING SECRECY OF WIRELESS COMMUNICATIONS.
[edit | edit source](1) Here insert name, address, and occupation of person making the declaration.
I, (1) of in the State of , do solemnly and sincerely declare:—
1. That I will hold strictly secret all wireless telegraphic or telephonic or other communications that may pass through my hands, or come to my knowledge in—
(a) conducting experiments in wireless telegraphy or telephony, in accordance with Licence No. granted to me; or
(b) the execution of the wireless telegraphic or telephonic duties intrusted to me.
2. That I will not directly or indirectly either divulge to any person (other than a properly-authorized official of the Commonwealth of Australia, or a competent legal tribunal), or make any use whatever of any message or information coming to my knowledge by reason of the licensed installation. If employed as an operator at a station licensed to conduct commercial wireless traffic I will not give any information directly or indirectly respecting such messages or communications except to the persons for whom such messages or communications are intended or to any authorized officials of the Commonwealth of Australia or authorized official of my employer.
3. That I will not transmit or cause to be transmitted by wireless telegraphy or telephony any message received by me for transmission, or deliver or cause to be delivered to any person any messages received by me by wireless telegraphy or telephony, unless the delivery of such message has been approved by the Minister for the time being administering the Wireless Telegraphy Act 1905-1919 or by an officer duly authorized by him to approve thereof.
And I make this solemn declaration by virtue of the Statutory Declarations Act 1911 conscientiously believing the statements contained therein to be true in every particular.
(2) Signature of person making declaration.
(3) Signature of person before whom the declaration is made.
(4) Here insert title of person before whom the declaration is made.
(2)
Declared at the day of 192
Before me,
(3)
(4)
Note.—Any person who wilfully makes a false statement in a statutory declaration is guilty of an indictable offence, and is liable to imprisonment, with or without hard labour, for four years.
N.B.—To be signed before a Justice of the Peace or a Commissioner for Declarations, and returned to, the Controller of Wireless, Prime Minister’s Department, Melbourne.
Form 12.
[Front of Card.]
Commonwealth of Australia.
Card of Authority to install and operate Wireless installation on portable/aircraft station.
——
Issued by order of the Prime Minister.
[Inside of Card.]
| Prime Minister’s Department,
Wireless Branch, Melbourne, Date The bearer, Mr. address has been authorized by the Prime Minister to install and operate wireless telegraph apparatus for receiving and transmitting within a locality described as from to in accordance with the conditions of Licence No. granted to Controller of Wireless. |
This card is to be carried on all portable or aircraft stations during the time wireless telegraph apparatus is installed thereon. |
Commonwealth of Australia.
Form 13.
REGISTER OF SALES OF WIRELESS APPARATUS,
[edit | edit source]IN ACCORDANCE WITH WIRELESS TELEGRAPHY ACT 1905-19 AND REGULATIONS THEREUNDER.
Particulars of Wireless Apparatus disposed, of by
| (1)
Date of Sale. |
(2)
Article or Articles. |
(3)
Obtained by. (Name and Address). |
(4)
Has a licence been granted to or applied for by person named in (3). |
Signature of person named in (3). |