STATUTORY RULES.

1942. No. 348.

REGULATIONS UNDER THE WIRELESS TELEGRAPHY ACT 1905-1936.*

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 1905-1936.

Dated this fifth

day of August , 1942.

Governor-General.

By His Excellency’s Command,

Postmaster-General.

WIRELESS TELEGRAPHY REGULATIONS.

Part I—Preliminary.

Citation.

1. These Regulations may be cited as the Wireless Telegraphy Regulations.

Parts.

2. These Regulations are divided into Parts, as follows:—

Part I—Preliminary.

Part II—Classes and Conditions of Licences.

Part III—Certificates of Proficiency in Wireless Telegraphy.

Part IV—Miscellaneous.

Definitions

3. In these Regulations, unless the contrary intention appears—

“aeronautical station” means a station on land performing a service with aircraft stations;

“aircraft station” means a station installed on an aircraft;

“authorized officer”, in relation to any provision of these Regulations, means the Director-General, the Chief Inspector (Wireless) or an officer authorized by the Minister for the purposes of that provision;

“authorized station” means a station in respect of which a licence is in force;

“coast station” means a station established on land for the exchange of wireless messages with ship stations and such other stations as the Minister or an authorized officer determines ;

“direction-finding station” means a station provided with appliances for the purpose of determining the direction of emissions from other stations;

* Notified in the Commonwealth Gazette on , 1942.

4374—Price 8d. 25/22.7.1942.

“fixed station” means a station established at a fixed location for the exchange of wireless messages with other stations similarly established and with such other stations as the Minister or an authorized officer determines;

“Government message” means a message transmitted on behalf of the Government of the United Kingdom, the Government of the Commonwealth, or the Administration of any Territory of the Commonwealth;

“harbour” includes any harbour 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;

“licence” means a licence granted or continued in force under these Regulations;.

“licensed equipment” means equipment at a station in respect of which a licence is in force;.

“licensee” means any person who is the holder of a licence under these Regulations;

“mobile service” means a wireless communication service in which a ship station or an aircraft station participates;

“portable station” means a station other than a ship station or an aircraft station which is not normally in a fixed position;

“radiobeacon station” means a station the emissions from which are intended to enable the operator of a ship station or aircraft station to determine the bearing or direction of the ship or aircraft from the first-mentioned station;

“ship station” means a station on board a ship;

“station” means a station for the transmission or reception of messages by means of wireless telegraphy;

“the Act” means the Wireless Telegraphy Act 1905-1936;

“the Chief Inspector (Wireless)” means the Chief Inspector (Wireless) holding office under the Commonwealth Public Service Act 1922-1941;

“the Department” means the Postmaster-General’s Department;

“the Director-General” means the Director-General of Posts and Telegraphs;

“the Safety Convention” means the International Convention for the Safety of Life at Sea signed in London on the thirty-first day of May, 1929, and includes any Convention amending or superseding that Convention to which the Commonwealth is a party;

“the Telecommunication Convention” means the International Telecommunication Convention signed in Madrid on the ninth day of December, 1932, and includes any Convention amending or superseding that Convention to which the Commonwealth is a party.

Repeal and saving.

4.—(1.) The Wireless Telegraphy Regulations (being Statutory Rules 1924, No. 101, as amended by Statutory Rules 1925, No. 123; 1926, No. 114; 1927, Nos. 3, 24 and 63; 1928, Nos. 79 and 129; 1929, No. 81; 1930, No. 113; 1933, No. 136; 1934, No. 99; 1935, Nos. 104 and 120; 1936, No. 90; 1937, Nos. 102 and 112; 1938, No. 24; 1939, No. 156; 1940, Nos. 94 and 181; and 1941, No. 167) are repealed.

(2.) Notwithstanding the repeal of the Wireless Telegraphy Regulations effected by the last preceding sub-regulation, the rates in force by virtue of those Regulations immediately prior to the repeal shall, subject to any alteration made in pursuance of the agreements made on the twenty-eighth day of March, 1922, the twentieth day of August, 1924, and the fifteenth day of November, 1927, between the Commonwealth of Australia and Amalgamated Wireless (Australia) 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.

(3.) Any licence granted under the regulations repealed by this regulation and in force immediately prior to the commencement of these Regulations shall continue in force as if these Regulations had been in force at the date on which it was granted.

Part II—Classes and Conditions of Licences.

Classes, conditions, &c., of licences.

5.—(1.) Licences, in accordance with such forms as the Minister determines, may be granted in respect of the following classes of stations :—

(a) coast stations;.

(b) ship stations;.

(c) fixed stations;.

(d) aeronautical stations;.

(e) aircraft stations;.

(f) direction-finding stations;

(g) radiobeacon stations; and

(h) portable stations.

(2.) Special licences, in accordance with such forms as the Minister determines, may be granted in respect of stations of a class not specified in the last preceding sub-regulation.

Particulars to be supplied by applicant.

6. Before the grant of any licence, the Minister or an authorized officer may require the applicant to furnish such particulars as he thinks necessary.

Licence fees.

7.—(1.) The fee payable in respect of the grant or renewal of any licence, except a special licence, shall be One pound per annum or portion thereof.

(2.) The fee, if any, for a special licence shall be as determined by the Minister in each case.

(3.) The fee shall be paid in advance.

(4.) Notwithstanding the preceding provisions of this regulation, the Minister may grant free of charge to Amalgamated Wireless (Australasia) Limited such licences under these Regulations as he considers necessary for the purposes of the agreements made on the twenty-eighth day of March, 1922, the twentieth day of August, 1924, and the fifteenth day of November, 1927, between the Commonwealth of Australia and Amalgamated Wireless (Australasia) Limited.

Licences not to be issued to aliens.

8. Except with the consent of the Naval Board, a licence shall not be granted to an alien.

Period of licence.

9. A licence shall be granted for such period, not exceeding one year, as the Minister determines.

Licences to be in parts and to be exhibited.

10.—(1.) Every licence shall be prepared in triplicate.

(2.) The original and duplicate shall be issued to the licensee and shall be retained by him and the triplicate shall be retained in the Department.

(3.) The licensee shall, except in the case of a portable station or aircraft station, exhibit the licence in the room where the licensed equipment is installed.

(4.) In the case of a portable station or an aircraft station, the licensee shall cause the duplicate to be carried with the equipment to which it applies.

Renewal of licences.

11.(l.) The Minister may, if he thinks fit, from time to time renew a licence for a period not exceeding one year.

(2.) A licence shall be renewed by the granting of a fresh licence or by attaching to each part thereof a memorandum signed by an authorized officer stating the period for which the licence is renewed.

Use of stations.

12.—(1.) Each licence shall indicate the purpose for which the authorized station may be used and the licensee shall not use the authorized station for any other purpose.

(2.) A licensee shall not communicate with stations other than those specified in the licence, except in cases of distress or as authorized by the Minister or an authorized officer.

Minister may vary conditions of licence.

13.—(1.) The Minister may, during the currency of a licence, vary all or any of the conditions upon which the licence was granted.

(2.) The licensee shall, at his own expense and to the satisfaction the Minister, give effect to any such variation.

Licences subject to Wireless Telegraphy Regulations.

14. Every licence shall be subject to the provisions of any regulations from time to time made under the Act so far as they are applicable to the licence, and those provisions shall be deemed to be incorporated in the licence.

Application of the Telecommunication Convention and Regulations.

15. The provisions of the Telecommunication Convention and the Regulations for the time being in force thereunder, so far as that Convention and those Regulations are applicable, shall apply to all stations available for the transmission or reception of messages by wireless telegraphy and to all messages transmitted or received by those stations, and every licensee shall comply therewith.

Transfer of licences prohibited except with consent.

16. Except with the consent in writing of the Minister or an authorized officer, the licensee of an authorized station shall not transfer the licence or assign, sublet, or otherwise dispose of or admit any other person to participate in any of the benefits of the licence or the powers or authorities thereby granted.

Revocation and suspension of licences.

17.—The Minister may, by notice in writing, suspend for such period as is specified in the notice, or revoke, any licence on the ground that—

(a) the licensee has failed to comply with any provision of the Act or of these Regulations or with any condition of the licence; or

(b) he considers it advisable in the public interest to do so.

(2.) During any period of suspension of a licence, the licence shall not be of any force or effect, but the period of the currency of the licence shall continue to run.

Compensation not payable when licence suspended or revoked.

18. A person shall not be entitled to any compensation from the Commonwealth by reason of the suspension or revocation of any licence in pursuance of the last preceding regulation.

Installations to be available to the Minister for Defence.

19. The licensee of an authorized station shall make it available to the Minister of State for Defence in case of national emergency.

Technical equipment to be to the satisfaction of the Minister.

20. The licensee of an authorized station shall cause the licensed equipment to be designed, installed and maintained to the satisfaction of the Minister or an authorized officer and shall not alter the equipment without the consent of the Minister or an authorized officer.

Spare parts to be available.

21. The licensee of an authorized station shall have available for immediate use by the station such spare parts as are directed by the Minister or an authorized officer.

Power of stations.

22. The power of an authorized station shall be as approved by the Minister or an authorized officer and the licensee shall not alter the power without the consent of the Minister or an authorized officer.

Operating frequency.

23. The frequency or frequencies on which each authorized station shall operate shall be as determined by the Minister or an authorized officer, and the licensee shall, during operation of the transmitting equipment of the station, maintain that frequency or those frequencies to a constancy to the satisfaction of the Minister or an authorized officer.

Situation and periods of operation of station.

24. The situation of a station and the periods of operation thereof shall be subject to the approval of the Minister or an authorized officer.

Inspection of authorized stations.

25. The licensee of an authorized station shall permit an authorized officer, at all reasonable times, to inspect the station and test the licensed equipment, and the licensee shall afford every such officer every facility for any such inspection and test.

Operation of station.

26. The licensee of an authorized station shall not permit it to be operated except by such persons as, in the opinion of the Minister or an authorized officer, are competent to operate the station.

Lights on masts.

27. The licensee of an authorized station shall, at his own expense, if so directed by the Minister or an authorized officer, install and maintain beacon lights on, and paint, the masts of the station in such manner as the Minister or officer requires.

Transmission and reception of public correspondence.

28.—(1.) The licensee of an authorized station shall not, without the approval of the Minister or an authorized officer, refuse—

(a) to accept messages from the public for transmission by his station to another station with which he is authorized to communicate; or

(b) to receive messages for delivery to the public from another station with which he is authorized to communicate.

(2.) The licensee shall transmit messages by means of the licensed equipment on equal terms without favour or preference, whether as regards rates of charge, order of transmission, or otherwise:

Provided that signals of distress and messages in connexion therewith shall receive priority and the order of transmission of other messages shall be governed by the Regulations for the time being in force under the Telecommunication Convention.

Licensee to receive distress signals, &c.

29. The licensee of an authorized station, and persons employed by him, shall, so far as possible, receive from other stations all requests for assistance and all signals of distress, and shall answer those requests and signals and re-transmit them with the least possible delay to the proper authorities by means of the authorized station or by any other means in the power of the licensee.

Charges for messages.

30.—(1.) The licensee of an authorized station may make such charges for the transmission and reception of messages by his station as are approved by the Minister or an authorized officer.

(2.) The charge for a Government message shall not, except with the approval of the Minister, exceed one-half the charge for an ordinary message.

Log record.

31.—(1.) The licensee of an authorized station shall, unless exempted from so doing by the Minister or an authorized officer, keep a log showing the time of each transmission and reception, the station or stations with which messages have been exchanged, and the frequency and type of wave used.

(2.) The licensee shall produce the log for perusal at the request of an authorized officer.

Licensee to keep records of messages.

32.—(1.) The licensee of an authorized station shall, unless exempted from so doing by the Minister or an authorized officer, keep full accounts, records, and registers of all messages transmitted by means of the licensed equipment.

(2.) The licensee shall mark each of the messages in the register with an identifying number, and shall specify the date and full particulars of the place of origin and of ultimate destination of the message, together with such further particulars as the Minister or an authorized officer from time to time reasonably requires to be specified.

(3.) The licensee shall cause Government messages to be distinguished in the registers from other messages.

Used message forms.

33. The licensee of an authorized station shall, unless exempted from so doing by the Minister or an authorized officer, preserve all used message forms, whether written or printed, and transcripts of messages, and all other papers relating to any message for such period as is from time to time prescribed by the Telecommunication Convention or the Regulations for the time being in force thereunder.

Registers, &c., to be open for inspection by Minister.

34. The licensee of an authorized station shall permit the Minister or an authorized officer to inspect, at the usual or principal place of business of the licensee, between the hours of ten o’clock in the morning and five o’clock in the afternoon on any day except Sunday or a statutory or general holiday, all registers, message forms and other documents referred to in either of the last two preceding regulations.

Notices.

35. Any notice, requirement, or consent (whether expressed to be in writing or not) to be given or made by or for the Minister may be under the hand of an authorized officer of the Department, and may be served on a licensee of an authorized station by sending it by registered letter addressed to the licensee at the usual or last-known place of residence or business of the licensee.

Provisions as to secrecy.

36.—(1.) Any person operating an authorized station or having access to wireless messages transmitted or received by an authorized station shall make, in accordance with a form approved by the Minister, a declaration that he will preserve the secrecy of all commercial, naval, military or air force wireless messages transmitted or received by that station.

(2.) The licensee of an authorized station shall take such steps as are necessary to ensure the secrecy of wireless communications transmitted or received by the station.

(3.) A person shall not, without lawful authority, divulge, or make any use whatsoever of, any portion of the text of any message transmitted or received by any station whether situated in Australia or elsewhere, or disclose in any manner whatsoever the existence of any such message.

Improper signalling prohibited.

37. A person shall not transmit or make a signal containing profane or obscene words or language, or transmit improperly the call sign of another station or any signals not necessary for the conduct of tests or traffic.

Transmission of certain messages.

38. A person shall not, except insofar as he is permitted by or under these Regulations so to do, transmit or receive for transmission any message the transmission of which would, without the authority of, or licence granted by, the Minister administering the Post and Telegraph Act 1901-1934, or the Wireless Telegraphy Act 1905-1936, contravene the provisions of either of those Acts.

Powers of masters of ships and aircraft.

39. The master of any ship or aircraft may censor all messages addressed to or transmitted by a ship station or aircraft station under his control, but he shall not divulge any such message to any person (other than a competent legal tribunal or an authorized officer) 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 a competent legal tribunal or an authorized officer) or make any use whatever of any message (other than a message of distress) coming to his knowledge and not intended for that station.

Part III—Certificates of Proficiency in Wireless Telegraphy.

Certificates.

40.—(1.) The Minister or an authorized officer may issue the following certificates, in accordance with a form determined by the Minister, to any person who has reached the age of eighteen years (or sixteen years in the case of an Amateur Operator’s Certificate of Proficiency) and who satisfies him, by examination or otherwise, that he possesses the requisite knowledge and qualifications:—

(a) First Class Commercial Operator’s Certificate of Proficiency;

(b) Second Class Commercial Operator’s Certificate of Proficiency;

(c) Third Class Commercial Operator’s Certificate of Proficiency;

(d) First Class Aircraft Operator’s Certificate of Proficiency;

(e) Second Class Aircraft Operator’s Certificate of Proficiency;

(f) Third Class Aircraft Operator’s Certificate of Proficiency;

(g) Broadcast Station Operator’s Certificate of Proficiency;

(h) Amateur Operator’s Certificate of Proficiency.

(2.) A Commercial Operator’s Certificate of Proficiency or an Aircraft Operator’s Certificate of Proficiency shall not be issued to an alien unless—

(a) the consent in writing of the Naval Board has first been obtained; or

(b) the Minister or an authorized officer is satisfied that the circumstances justify the issue of a certificate as a matter of urgency.

(3.) Any certificate issued under paragraph (b) of the last preceding sub-regulation shall be in force in respect of one voyage only of the ship or aircraft upon which the holder of the certificate is to be carried.

(4.) In the event of a certificate being lost, the Minister or an authorized officer may issue a duplicate certificate upon payment of the prescribed fee.

Examinations.

41.—(1.) The Director-General or an authorized officer may from time to time conduct examinations of applicants for certificates.

(2.) The examinations shall be held in such manner and subject to such conditions as the Director-General determines.

Fees for examinations, &c.

42. The fees specified in the Schedule to these Regulations shall be charged in connexion with—

(a) the examination of candidates and the issue of certificates to successful candidates;

(b) the issue of certificates without examination; and

(c) the issue of duplicate certificates,

under these Regulations.

Examination for First Class Commercial Operator’s Certificate.

43. The examination for a First Class Commercial Operator’s Certificate of Proficiency shall be such as to show that a successful candidate possesses the knowledge and qualifications specified in this regulation, namely:—

(a) A knowledge of the general principles of electricity, of the theory of wireless telegraphy and wireless telephony, and of the regulation and practical working of the types of apparatus used in the mobile service.

(b) A theoretical and practical knowledge of the working of the accessory apparatus used in the operation and adjustment of the apparatus referred to in paragraph (a) of this regulation.

(c) The ability to effect, with the means available on board ship, repairs to damage which may occur to the wireless telegraph or wireless telephone installation during a voyage.

(d) The ability to send correctly, and to receive correctly by ear, in Morse code, code groups at a speed of twenty groups per minute, and a message in plain language at a speed of 25 words per minute.

(e) The ability to send and receive messages correctly by telephone.

(f) A detailed knowledge of—

(i) such of the Radiocommunication Regulations for the time being in force under the Telecommunication Convention as relate to the exchange of radio communications and the assessment of charges in the mobile service; and

(ii) that portion of the Safety Convention which relates to radio telegraphy.

(g) A knowledge of the general geography of the world, especially the principal navigation routes and the most important cable, telegraph, wireless telegraphy and wireless telephony routes.

Examination for Second Class Commercial Operator’s Certificate.

44. The examination for a Second Class Commercial Operator’s Certificate of Proficiency shall be such as to show that a successful candidate possesses the knowledge and qualifications specified in this regulation, namely:—

(a) An elementary theoretical knowledge of electricity and of wireless telegraphy and wireless telephony, and knowledge of the adjustment and practical working of the types of apparatus used in the mobile service.

(b) An elementary theoretical and practical knowledge of the working of the accessory apparatus used in the operation and adjustment of the apparatus referred to in paragraph (a) of this regulation.

(c) The ability to effect minor repairs to damage occurring to the apparatus referred to in paragraphs (a) and (b) of this regulation.

(d) The ability to send correctly, and to receive correctly by ear, in Morse code, code groups at a speed of 16 groups per minute, and a message in plain language at a speed of 20 words per minute.

(e) A detailed knowledge of—

(i) such of the Radio communication Regulations for the time being in force under the Telecommunication Convention as relate to the exchange of radio communications and the assessment of charges in the mobile service; and

(ii) that portion of the Safety Convention which relates to radio telegraphy.

(f) A knowledge of the general geography of the world, especially the principal navigation routes and the most important cable, telegraph, wireless telegraphy and wireless telephony routes.

Examination for Third Class Commercial Operator’s Certificate.

45.—(1.) A Third Class Commercial Operator’s Certificate of Proficiency shall be issued in respect of proficiency in wireless telegraphy or wireless telephony, or both.

(2.) The examination for a Third Class Commercial Operator’s Certificate of Proficiency shall be such as to show that a successful candidate possesses the knowledge and qualifications specified in this sub-regulation, namely:—

(a) In the case of an examination for a Third Class Commercial Operator’s Certificate of Proficiency in wireless telegraphy—

(i) a practical knowledge of the working and adjustment of such type or types of wireless telegraph installation as is, or are, specified by the Director-General;

(ii) ability to send correctly, and to receive correctly by ear, in Morse code, a message in plain language at a speed of 10 words per minute;

(iii) a knowledge of the Radiocommunication Regulations for the time being in force under the Telecommunication Convention relating to the exchange of radiotelegraph communications, to interference and to the Distress, Urgency, Alarm, and Safety Signals; and

(iv) a knowledge of the precautions necessary for the safety of the installation referred to in subparagraph (i) of this paragraph.

(b) In the case of an examination for a Third Class Commercial Operator’s Certificate of Proficiency in wireless telephony—

(i) a practical knowledge of the working and adjustment of such type or types of wireless telephone installation as is, or are, specified by the Director-General;

(ii) ability to send and receive correctly messages by telephone;

(iii) a knowledge of the Radiocommunication Regulations for the time being in force under the Telecommunication Convention relating to the exchange of radiotelephone communications, to interference and to the Distress, Urgency, Alarm, and Safety Signals;

(iv) a knowledge of the precautions necessary for the safety of the installation referred to in subparagraph (i) of this paragraph,

(c) In the case of an examination for a Third Class Commercial Operator’s Certificate of Proficiency in both wireless telegraphy and wireless telephony—the knowledge and qualifications specified in paragraphs (a) and (b) of this sub-regulation.

Examination for First Class Aircraft Operator’s Certificate.

46. The examination for a First Class Aircraft Operator’s Certificate of Proficiency shall be such as to show that a successful candidate possesses the knowledge and qualifications specified in this regulation, namely:—

(a) A knowledge of the general principles of electricity, of the theory of wireless telegraphy and wireless telephony, and of the adjustment and practical working of the types of apparatus used in the mobile service.

(b) A theoretical and practical knowledge of the accessory apparatus, such as motor-generator sets, accumulators and the like, used in the operation and adjustment of the apparatus referred to in paragraph (a) of this regulation.

(c) The practical knowledge necessary to effect, with the means available on board, the repair of damage which may occur to the wireless telegraph or wireless telephone apparatus during a voyage.

(d) The ability to send correctly, and to receive correctly by ear, in Morse code, code groups (mixed letters, figures and punctuation marks) at a speed of 20 groups per minute, and a message in plain language at a speed of 25 words per minute, each code group to comprise five characters and each figure or punctuation mark to count as two characters and the message in plain language to average five characters to the word.

(e) The ability to send and receive messages correctly by telephone.

(f) A detailed knowledge of—

(i) such of the Radiocommunication Regulations for the time being in force under the Telecommunication Convention as relate to the exchange of radiocommunications and the assessment of charges in the mobile service;

(ii) that portion of the Safety Convention which relates to radio-telegraphy; and

(iii) the “Regulations for the international radio-electric service of air navigation”, as adopted by the International Commission for Air Navigation.

(g) A knowledge of the general geography of the world, especially the principal air navigation routes and the most important telecommunication routes.

Examination for Second Class Aircraft Operator’s Certificate.

47. The examination for a Second Class Aircraft Operator’s Certificate of Proficiency shall be such as to show that a successful candidate possesses the knowledge and qualifications specified in this regulation, namely:—

(a) An elementary theoretical and practical knowledge of electricity and wireless telegraphy and a knowledge of the adjustment and the practical working of the types of apparatus used in the mobile service, particularly in relation to aircraft stations.

(b) An elementary theoretical and practical knowledge of the working of the accessory apparatus, such as motor-generator sets, accumulators, and the like, used in the operation and adjustment of the apparatus referred to in paragraph (a) of this regulation.

(c) A practical knowledge sufficient for effecting minor repairs in case of damage occurring to the wireless apparatus.

(d) The ability to send correctly and to receive correctly by ear, in Morse code, code groups (mixed letters, figures and punctuation marks) at a speed of 16 groups per minute, each group to comprise five characters and each figure or punctuation mark to count as two characters.

(e) A knowledge of—

(i) such of the Radiocommunication Regulations for the time being in force under the Telecommunication Convention as relate to the exchange of radio communications and the assessment of charges in the mobile service;

(ii) that portion of the Safety Convention which relates to radio-telegraphy; and

(iii) the “Regulations for the international radio-electric service of air navigation”, as adopted by the International Commission for Air Navigation.

(f) A knowledge of the general geography of the world, especially the principal air navigation routes and the most important telecommunication routes.

Examination for Third Class Aircraft Operator’s Certificate.

48. The examination for a Third Class Aircraft Operator’s Certificate of Proficiency shall be such as to show that a successful candidate possesses the knowledge and qualifications specified in this regulation, namely:—

(a) A practical knowledge of wireless telephony, especially with a view to avoiding interference.

(b) A knowledge of the adjustment and working of wireless telephone apparatus.

(c) The ability to send and receive messages correctly by telephone.

(d) The ability to send correctly, and to receive correctly by ear, in Morse code, a message in plain language at a speed of 12 words per minute.

(e) A knowledge of—

(i) such of the Radiocommunication Regulations for the time being in force under the Telecommunication Convention as relate to the exchange of radiotelephone communications and to the distress, urgency and safety signals; and

(ii) The “Regulations for the international radio-electric service of air navigation”, as adopted by the International Commission for Air Navigation.

Examination for Broadcast Station Operator’s Certificate.

49. The examination for a Broadcast Station Operator’s Certificate of Proficiency shall be such as to show that a successful candidate possesses the knowledge and qualifications specified in this regulation,

namely:—

(a) A knowledge of the general principles of electricity and of radio-technology and of all the electrical and wireless telephony equipment used by broadcasting stations.

(b) A practical knowledge of the working and adjustment of all apparatus normally used by broadcasting stations.

(c) Ability to adjust and carry out repairs to the apparatus referred to in the last preceding paragraph of this regulation.

Examination for Amateur Operator’s Certificate.

50. The examination for an Amateur Operator’s Certificate of Proficiency shall be such as to show that a successful candidate possesses the knowledge and qualifications specified in this regulation, namely:—

(a) An elementary knowledge of wireless telegraphy and wireless telephony and electrical principles.

(b) A knowledge of—

(i) such of the Radiocommunication Regulations for the time being in force under the Telecommunication Convention as relate to the operation of experimental stations; and

(ii) the principal abbreviations set out in Appendix 9 of those Regulations,

(c) Ability to send correctly, and to receive correctly by ear, in Morse code, a message in plain language at a speed of 12 words per minute.

Cancellation and suspension of certificates.

51. The Minister may cancel or suspend any certificate issued under this Part—

(a) if the holder of the certificate is convicted of a criminal offence; or

(b) if the Minister is of the opinion, on account of the incompetence of the holder of the certificate, or for any other reason, that it is desirable that the certificate should be cancelled or suspended.

Re-examination of holder of certificate.

52.—(1.) The Minister may at any time, by notice in writing, require the holder of a certificate issued under this Part to satisfy him, by examination or otherwise, within a time specified in the notice, that he possesses the knowledge and qualifications referred to in the certificate.

(2.) If the holder fails so to satisfy the Minister, the Minister may, by notice published in the Gazette, cancel the certificate.

Part IV—Miscellaneous.

Powers of Defence Authorities.

53.—(1.) In cases of emergency, of which the Minister shall be the sole judge, the Minister, any authorized officer, the Naval Board, 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 appliance installed at a station and use the appliance for the King’s service;

(b) place any person in control of the appliance;

(c) direct the licensee or person in charge of the appliance to submit to him all or any messages tendered for transmission or received by means of the appliance;

(d) stop or delay, or direct the licensee or person in charge of the appliance to stop or delay, the transmission or delivery of any such message or to deliver it to him; or

(e) direct the licensee or person in charge of the appliance to comply with all such directions as he thinks fit to give with reference to the transmission or reception of messages by means of any such appliance.

(2.) Every licensee and every person in charge of any wireless telegraphy appliance installed at a station shall comply with this regulation, and all directions given in pursuance thereof.

(3.) The Commonwealth shall be liable to pay reasonable compensation to a licensee for any damage to any appliance arising in consequence of the exercise of the powers conferred by this regulation.

(4.) The Minister may, notwithstanding anything contained in a licence, 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 with which His Majesty is at war or the possessions thereof.

(5.) Any direction under paragraph (e) of sub-regulation (1.) of this regulation may prohibit all communications whatever or may prohibit communications to particular stations or under special circumstances.

Wireless telegraphy on foreign ships of war.

54.—(1.) The use of wireless telegraphy appliances on board any foreign ship of war while in any harbour in Australia shall be subject to such rules (whether prohibitive or regulative) as the Governor-General thinks fit to make.

(2.) Foreign men-of-war and service aircraft accompanying them lying in a naval port or in any harbour which is close to a naval port shall obtain permission from the Senior Naval Officer at the naval port to use their wireless telegraphy or telephony apparatus, stating system, wavelengths, and times of transmission proposed.

(3.) Foreign men-of-war and service aircraft accompanying them lying in any harbour which is not close to a naval port shall conform to the following provisions:—

(a) Transmission on 500 kilocycles (600 metres) shall not be made, except for the purpose of making or answering signals of distress.

(b) Interference with Naval, Army, or Air Force signalling or any fixed shore stations shall be avoided.

(c) Transmission shall be discontinued on request from—

(i) any Naval authority;

(ii) the Port authorities; or

(iii) any fixed shore station.

(d) Protracted signalling, using apparatus transmitting other than pure continuous waves, shall be avoided.

(e) If there is a British or Dominion fleet or warship lying in the Harbour, the Senior Naval Officer shall be consulted.

(4.) If at any time an emergency has arisen in which it is expedient that the Commonwealth 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.

Ship stations not to signal while moored.

55. Except by permission of the Minister or an authorized officer, the wireless telegraphy appliances on board any ship (other than a ship of war) shall not be worked or used while the ship is anchored in any harbour, or moored to any wharf or pier, in Australia:

Provided that any ship anchored or moored in accordance with the provisions of the Quarantine Act 1908-1924 or any regulations thereunder may use wireless apparatus for the purpose of communication with a coast station when no alternative method of electrical communication is available.

Delegation.

56.—(1.) The Minister may delegate to any person all or any of his powers or functions under these Regulations.

(2.) Every such delegation shall be revocable at will and no such delegation shall prevent the exercise of any power or function by the Minister.

Minister not liable for any breach of law, &c., by licensee.

57.—(1.) The grant of a licence under these Regulations shall not relieve the licensee of responsibility for any infringement by the licensee of any patent for an invention, or any breach of copyright, or for any breach of any law, arising out of the exercise of the licence.

(2.) Neither the Commonwealth nor the Minister shall be liable or responsible for any such infringement or breach committed by a licensee or his agent.

(3.) A licensee shall, by force of this regulation, be liable to indemnify the Commonwealth and the Minister against all actions, claims and demands brought or made by any person against the Commonwealth or the Minister in respect of any injury arising from any act of the licensee or of his agent arising out of the exercise of the licence.

Offences against Regulations.

58. A person shall not contravene, or fail to comply with, any of the provisions of these Regulations which is applicable to him, or fail to comply with or contravene any condition of a licence granted to him.

Penalty: Twenty pounds.

THE SCHEDULE.

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Reg. 42.

FEES FOR EXAMINATIONS, ETC.

By Authority: L. F. Johnston Commonwealth Government Printer, Canberra.