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 forthwith.
Dated this second day of October, 1930.
Governor-General.
By His Excellency’s Command,
J. A. LYONS
Postmaster-General.
Amendment of Wireless Telegraphy Regulations and Wireless Telegraphy Licences Regulation.
(Statutory Rules 1924, No. 101, as amended to this date; and Statutory Rules 1927, No. 153, respectively.)
1. Regulation 2 of the Wireless Telegraphy Regulations is amended by omitting the words and figure “Division 3—Dealers’ Listening Licences”.
2. Regulation 4 of the Wireless Telegraphy Regulations is amended—
(a.) by omitting paragraph (g) of sub-regulation (1.); and
(b) by omitting from sub-regulation (2.) the words “or dealer’s licence”.
Period of licence.
3. Regulation 11 of the Wireless Telegraphy Regulations is repealed and the following regulation inserted in its stead:—
“11. Subject to these Regulations, a licence shall be for such period as the Postmaster-General determines”.
4. Regulation 12 of the Wireless Telegraphy Regulations is amended—
(a) by omitting paragraph (f) of sub-regulation (1.); and
(b) by omitting from the proviso to sub-regulation (1.) the words “or Dealers’ Listening Licences”.
5. Regulation 38 of the Wireless Telegraphy Regulations is amended by omitting the words “or a dealer’s listening licence”.
6. Part III. of the Wireless Telegraphy Regulations is repealed, and the following Part inserted in its stead:—
“Part III.—Broadcasting.
Division 1.—Broadcasting Stations.
Grant, &c., of licences.
“45—(1.) The Postmaster-General may grant to any applicant a Broadcasting Station Licence.
(2.) A Licence shall not be transferred without the approval of the Postmaster-General.
(3.) The Postmaster-General shall not recognize any vested interest in the Licence, and compensation shall not be payable to the Licensee on the termination of the Licence.
Application for licences.
“46. An applicant for a Broadcasting Station Licence shall state in his application the following particulars:—
(а) Name and address of applicant (In the case of a company—(1) the name of the company and the address of the head office thereof; (2) the name and address of the Secretary or other person authorized to act on behalf of the Company.);
(b) Technical qualifications of the applicant or of the persons who it is proposed will operate the licensed installation (Where the applicant does not possess the necessary qualifications and proposes to engage an expert to control the station after the issue of the Licence, this should be stated);
(c) Location of the proposed station;
(d) Type of transmitter and character of modulation proposed;
(e) Proposed normal operating power of transmitter;
(f) Hours of service; and
(g) Class of service to be broadcasted and particulars of average programme.
Preparation and issue of licences.
“47.—(1.) A Broadcasting Station Licence shall be prepared in duplicate, one copy of which shall be retained by the Department and the other shall be issued to the Licensee.
(2.) A Licensee shall make his Licence available for inspection by any authorized officer as and when required.
Period of licence and renewals thereof.
“48.—(1.) A Broadcasting Station Licence may be granted for any period not exceeding three years as the Postmaster-General determines.
(2) The Postmaster-General if he deems it desirable may from time to time renew a Licence for a period not exceeding one year from the date of expiration of the current Licence.
(3.) A Licensee who desires a renewal of his Licence shall make application for the renewal thereof at least six months before the date of the expiration of his current Licence, except in cases where a licence has been granted, or renewed for a period of less than one year, when the application for a renewal shall be made at least one month before the date of expiration of the current licence.
Commencement of service.
“49. A Broadcasting Station Licensee shall commence a satisfactory service in accordance with these Regulations within three months from the date of the issue of the Licence or within such further period as the Postmaster-General approves.
Licensed Installation to be to the satisfaction of the Postmaster General
“50. The licensed installation of a Broadcasting Station shall be equipped, designed and controlled to the satisfaction of the Postmaster-General and shall not be altered without his consent.
Power of stations.
“51. The power of a Broadcasting Station shall be as approved by the Postmaster-General and shall not be altered without his consent.
Operating frequency.
“52.—(1.) The frequency (wave length) on which each Broadcasting Station shall operate shall be as determined by the Postmaster-General.
(2.) The operating frequency shall be maintained to a constancy to the satisfaction of the Postmaster-General.
(3.) For the purpose of the last preceding sub-regulation, the transmitting apparatus shall include such equipment for indicating the accuracy of the operating frequency as the Postmaster-General approves.
Location and period, of operation of station.
“53. The location of a Broadcasting Station and the periods of operation thereof shall be subject to the approval of the Postmaster-General.
Reservation of right to Postmaster-General to vary conditions of licence.
“54.—(1.) The Postmaster-General reserves the right, during the currency of a Broadcasting Station Licence, to vary the conditions upon which the Licence is granted especially in regard to the power, location, frequency (wave length) and periods of operation of the licensed installation.
(2.) The Licensee shall, at his own expanse and to the satisfaction of the Postmaster-General, give effect to any such variation.
Operation of station.
“55. The licensed installation of any Broadcasting Station shall only be operated by such persons as, in the opinion of the Postmaster-General, are competent to operate the installation.
Inspection of licensed installation.
“56. The licensed installation of any Broadcasting Station shall, at all reasonable times, be open to inspection by any authorized officer, and every facility shall be given by the Licensee for ascertaining the conditions of the Station.
Station to have telephone installed
“57.—(1.) A Broadcasting Station shall be connected by telephone with the public telephone exchange system of the area in which the Station is located.
(2.) The Broadcasting Station Licensee shall enter into the usual telephone subscriber’s agreement for the establishment of a service.
Items of general interest included in programme.
“58. The Postmaster-General may require the Licensee of a Broadcasting Station to include, without charge, such items of general interest or utility as the Postmaster-General, from time to time, determines:
Provided however that the requirements of the Postmaster-General shall not be such as to entail a period of occupation of the Station in excess of thirty minutes in each consecutive period of twelve hours.
Censorship of broadcasting matter.
“59.—(1.) All matter including advertisements to be broadcasted shall be subject to such censorship as the Postmaster-General determines.
(2.) The Broadcasting Station Licensee shall, before broadcasting any such matter which is of a controversial nature or likely to cause offence to any section of the community, direct the attention of the Postmaster-General, or an authorized officer, to such matter.
Advertisements.
“60.—(1.) A Broadcasting Station Licensee may broadcast advertisements.
(2.) A Licensee desiring to broadcast advertisements shall publish a tariff of advertising charges, and shall make his advertising service available without discrimination to any person or firm.
Relaying or broadcasting programmes of other stations.
“61. The Licensee of any Broadcasting Station may, to such extent as the Postmaster-General approves, by agreement with the Licensees of other Stations, relay or broadcast the programmes broadcast by these Stations.
Licensee to keep accounts, records, &c.
“62. A Broadcasting Station Licensee shall—
(a) compile and maintain in a recognized business or commercial form, separate accounts in respect of his broadcasting activities;
(b) make such accounts available for inspection by the Postmaster-General as required;
(c) supply to the Postmaster-General as required duly audited annual balance-sheets in detail for the year ending on the thirtieth day of June in each year or on some other date approved by the Postmaster-General; and
(d) keep such records relating to the broadcasting service, as the Postmaster-General, from time to time, directs, and supply copies thereof to the Postmaster-General as required.
Programmes.
“63.—(1.) The programme transmitted from a Broadcasting Station shall, both in rendition and transmission, be to the satisfaction of the Postmaster-General.
(2.) The general terms of any announcement, whether complete in themselves or referring to items to be transmitted, shall be to the satisfaction of the Postmaster-General.
(3.) Every announcer employed by the Licensee shall be of good education, style and personality, and possessed of clear enunciation, as far as possible free from any characteristic dialect.
Licence fee.
“64.—(1.) The licence fee for a Broadcasting Station Licence or any renewal thereof shall be £25 per year or part of a year payable in advance.
(2.) This regulation shall be deemed to have come into operation on the first day of November, One thousand nine hundred and twenty-nine.
Indemnification of Postmaster-General against claims for royalty, &c.
“65. A Broadcasting Station Licensee shall at all times keep the Postmaster-General indemnified against any claim for royalties in respect of any equipment operated under his licence, or against any claims whatsoever arising out of the Licensee’s operations.
Transmission of news or copyrighted works.
“66. A Broadcasting Station Licensee shall not—
(a) transmit any work or part of a work in which copyright subsists except with the consent of the owner of the copyright; or
(b) send out news or information of any kind published in any newspaper or obtained, collected, collated or coordinated by any newspaper, or association of newspapers or any news agency or service except with the full consent in writing, first obtained, of, and upon such payment and conditions as are agreed upon by the licensee and, the newspaper, association of newspapers, news agency or service.
Programmes of broadcasted items.
“67.—(1.) A Broadcasting Station Licensee who supplies in advance to the proprietor of any registered newspaper programmes of the items to be broadcasted by his Station shall, on application in writing, supply in advance such programmes on equal terms to the proprietor of any other registered newspaper.
(2.) The proprietor of such other newspaper may publish such programmes in any registered newspaper owned by him.
(3.) In this regulation ‘registered newspaper’ means a newspaper registered under the Post and Telegraph Act 1901-1923.
Publication of broadcasted programme.
“68. A person shall not publish any portion of the text of a broadcasted item without the consent of the Broadcasting Station Licensee and the approval of the Postmaster-General.
Transmission of certain messages
“69. A Broadcasting Station Licensee shall not, without the permission of the Postmaster-General, transmit any message or other communication, the transmission of which would be in contravention of the provisions of the Post and Telegraph Act 1901-1923 if the licensed installation were a telegraph within the meaning of that Act.
Operation of this Division.
“70. Except where any inconsistency exists, nothing in this Part shall affect the generality of the provisions of any other Part of these Regulations.
Decisions of Postmaster-General.
“71. The decision of the Postmaster-General with regard to the interpretation or application, of any of the provisions of this Division shall be final.
Powers of Postmaster General as to erection, &c., of broadcasting stations.
“72. The Postmaster-General may, on such terms and conditions as he thinks fit—
(а) make contracts for the establishment, erection, maintenance or use of wireless broadcasting stations or appliances on his behalf; and
(b) for the purpose of using any wireless broadcasting stations or appliances established, erected or maintained by him or on his behalf, make contracts for the provision of programmes by such stations or by such appliances.
Saving as to existing broadcasting stations.
“73. Any Licence for a Class B Station in force immediately prior to the commencement of this regulation shall be deemed to have been granted under and subject to the provisions of these Regulations.
Class A station licences not to be renewed.
“74. Notwithstanding anything contained in this Division, any Licence for a Class A Station granted under the Regulations in force immediately prior to the commencement of this regulation shall not, on and from the commencement of this regulation, be renewed and those Regulations shall be deemed to apply to such Licence so long as it remains in force.
“Division- II.—Broadcast Listeners’ Stations.
Issue of licence.
“75. A Broadcast Listeners’ Licence in accordance with Form 5 in the Schedule to these Regulations may be granted at any Money Order Office on payment of the prescribed fees.
Zones.
“76.—(1.) For the purpose of the granting of Broadcast Listeners’ Licences and the payment of fees therefor, the Commonwealth and the Territories thereof shall be divided into two Zones as follows:—
(i) Zone 1 shall include all the territory within an approximate radius of 250 miles from such Broadcasting Stations as the Postmaster-General determines; and
(ii) Zone 2 shall include all the territory of the Commonwealth and the Territories outside Zone 1.
(2.) The Postmaster-General may determine the Zone within which any Broadcast Listeners’ Station is situated.
(3.) The Postmaster-General may modify the boundaries of the Zones specified in sub-regulation (3.) of this regulation, or establish additional Zones.
Licence fee.
“77.—(1.) The fees payable in respect of any Broadcast Listeners’ Licence or any renewal thereof shall be as follows:—
(а) For Zone 1, 24s. per annum; and
(b) For Zone 2, 17s. 6d. per annum.
(2.) Licence fees shall be paid in advance.
Ante-dating of licences and renewals.
“78. Where a Broadcast Listeners’ Licence is being granted in respect of receiving equipment which has been used prior to the grant of the Licence, the Licence may be given the date and shall be deemed to have been effective from the date the receiving equipment was first used without a current Licence.
Licence not transferable.
“79. A Broadcast Listeners’ Licence shall not be transferable from one person to another.
Possession of licence.
“80.—(1.) The user of receiving equipment, capable of being utilized for the reception of broadcast programmes or other wireless signals, shall be in possession of a current Broadcast Listeners’ Licence.
(2.) Where a current Broadcast Listeners’ Licence is not held in respect of equipment installed or connected up or capable of being connected up for the purpose of receiving broadcast programmes or other wireless signals in any dwelling house, office, shop, premises or place, the occupier of any such dwelling house, office, shop, premises or place shall be guilty of an offence.
(3.) It shall be a defence to a prosecution for an offence against the last preceding sub-regulation, if the occupier proves that he was not aware, or could not with reasonable diligence have become aware, of the existence in the dwelling house, office, shop, premises or place of the receiving equipment in question.
Address of licensee.
“81.—(1.) Receiving equipment shall not, without the consent of the Postmaster-General, or an authorized officer, be used at a place other than that specified in the Broadcast Listeners’ Licence.
(2.) The Licensee shall notify the Department of any permanent change of address within two weeks of the change.
Inspection of licence.
“82. A Broadcast Listeners’ Licence shall, at all reasonable times, be available at the address given thereon for inspection by an authorized officer.
Secrecy of commercial or defence communications
“83. A Licensee of a Broadcast Listeners’ Station shall not divulge, except to an authorized officer or a legal tribunal, the contents of any commercial or defence wireless communications, other than those transmitted by a Broadcasting Station.
Use of reaction.
“84. Any licensee of a Broadcast Listeners’ Station using reaction (back coupling) in such a manner as to cause interference to the reception at any other Station shall be guilty of an offence against these Regulations.
Licences for the demonstration and test of receiving equipment.
“85. A person or firm shall not operate receiving equipment for the purpose of demonstration or test of receivers with the object of promoting the sale of receiving equipment without being in possession of a Broadcast Listeners’ Licence.”.
7. Regulation 109 of the Wireless Telegraphy Regulations is repealed and the following regulation inserted in its stead:—
Fee.
“109. The fee for an Experimental Licence shall be £1 10s. 0d. per annum.”.
8. The regulation made on the 22nd December, 1927, under the Wireless Telegraphy Act 1905-1919 (Statutory Rules 1927, No. 153) is repealed.
9. The Schedule to the Wireless Telegraphy Regulations is amended—
(a) by omitting Form 4 and inserting in its stead the following form :—
“Commonwealth of Australia, Form 4.
POSTMASTER-GENERAL’S DEPARTMENT.
Wireless Telegraphy Act 1905-1919
Broadcasting Station Licence.
IN pursuance and exercise of the powers and authority conferred upon the Postmaster-General by section 5 of the Wireless Telegraphy Act 1905-1919, and by the Wireless Telegraphy Regulations, (name) (address) are/is hereby licensed to erect a Broadcasting Station at and to operate the said, station from to . The installation and operation of the said Station shall be carried out in accordance with, and this licence shall, be subject to, the provision of the said Regulations and such amendments and additions thereto as are made from time to time.
SIGNED, sealed, and delivered by the Minister or member of the Executive Council for the time being administering the Wireless Telegraphy Act 1905-1919.
This licence is accepted by me under the conditions above set out.
SIGNED, sealed, and delivered by the said Licensed in the presence of—
Schedule of The Authorized Station.
l. No. of licence Expires
2. Name of licensee
3. Location of station
4. Power
5. Operating frequency (wave-length)
6. Call sign
7. Periods of operation
8. Circuit diagram of transmitter:—
Fee £25 per year or part of a year.”
; and
(b) by omitting Form 7.
By Authority: H. J. Green, Government Printer, Canberra.