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Wireless Telegraphy Act 1905

Act No. 8 of 1905 as amended, taking into account amendments up to Act No. 216 of 1973
Registered 08 Dec 2009
Start Date 31 Dec 1973
End Date 02 Jun 1980
Date of repeal 22 Dec 1983
Repealed by Radiocommunications (Transitional Provisions and Consequential Amendments) Act 1983

WIRELESS TELEGRAPHY ACT 1905
- Reprinted as at 19 December 1973 (HISTACT2 CHAP 541 #DATE 19:12:1973)

WIRELESS TELEGRAPHY ACT 1905 - TABLE OF PROVISIONS

TABLE


WIRELESS TELEGRAPHY ACT 1905

TABLE OF PROVISIONS
Section
1. Short title
2. Interpretation
3. Exemption of ships of war
4. Exclusive privileges of Minister
5. Licences
6. Penalty for breach of Act
Ships fitted with apparatus for wireless telegraphy
6A. Broadcasts from ships in waters adjacent to Australia
7. Forfeiture of appliances unlawfully erected
8. Search warrants for appliances unlawfully erected
8A. Jurisdiction of courts
9. Proceedings in respect of offences
10. Regulations

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WIRELESS TELEGRAPHY ACT 1905 - SECT. 1.
Short title.

SECT

An Act relating to Wireless Telegraphy.
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Wireless Telegraphy Act 1905.*

WIRELESS TELEGRAPHY ACT 1905 - SECT. 2.
Interpretation.

SECT

Sub-section (1) amended by No. 4, 1919, s. 2; No. 10, 1936, s. 2; No. 80, 1950, s. 3; No. 59, 1967, s. 3; and No. 122, 1973, s. 4.
2. (1) In this Act-

''Australia'' includes the Territories and the territorial waters of the Commonwealth and of any Territory;

''Broadcast programme'' means matter intended for reception by the general public whether by means of a broadcast receiver or a television receiver;

''Ship'' means any vessel used in navigation other than air navigation;

''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.
Added by No. 122, 1973, s. 3.

(2) The Minister may, by notice published in the Gazette, declare that, on a date specified in the notice, this Act shall cease to extend to a Territory specified in the notice and, where such a notice is published, a reference in this Act to a Territory does not, on and after the date specified in the notice, include a reference to the Territory so specified.

WIRELESS TELEGRAPHY ACT 1905 - SECT. 3.
Exemption of ships of war.

SECT

3. This Act shall not apply to ships belonging to the King's Navy.

WIRELESS TELEGRAPHY ACT 1905 - SECT. 4.
Exclusive privileges of Minister.

SECT

Amended by No. 33, 1915, s. 2; and No. 216, 1973, s. 3.
4. The Minister shall have the exclusive privilege of establishing, erecting, maintaining, and using stations and appliances for the purpose of-

(a) transmitting messages by wireless telegraphy within Australia, and receiving messages so transmitted, and

(b) transmitting messages by wireless telegraphy from Australia to any place or ship outside Australia, and

(c) receiving in Australia messages transmitted by wireless tele- graphy from any place or ship outside Australia.

WIRELESS TELEGRAPHY ACT 1905 - SECT. 5.
Licences.

SECT

Amended by No. 33, 1915, s. 2; and No. 216, 1973, s. 3.
5. Licences to establish, erect, maintain, or use stations and appliances for the purpose of transmitting or receiving messages by means of wireless telegraphy may be granted by the Minister for such terms and on such conditions and on payment of such fees as are prescribed.*

WIRELESS TELEGRAPHY ACT 1905 - SECT. 6.
Penalty for breach of Act.

SECT

Sub-section (1) amended by No. 93, 1966, s. 3; and No. 216, 1973, s. 3.
6. (1) Except as authorized by or under this Act, no person shall-

(a) establish, erect, maintain, or use any station or appliance for the purpose of transmitting or receiving messages by means of wireless telegraphy; or

(b) transmit or receive messages by wireless telegraphy.

Penalty: One thousand dollars, or imprisonment for Five years.
Ships fitted with apparatus for wireless telegraphy.
Amended by No. 33, 1915, s. 2; No. 93, 1966, s. 3; No. 122, 1973, s. 4; and No. 216, 1973, s. 3.

(2) Sub-section (1) shall not, except as prescribed extend to appliances maintained on any ship, arriving from any place beyond Australia, for the purpose of enabling messages to be transmitted from or received on that ship by means of wireless telegraphy; but all such appliances shall, while the ship is within Australia-

(a) be subject to the control of the Minister; and

(b) only be used by his authority or as authorized by the regulations.

Penalty: One thousand dollars.

WIRELESS TELEGRAPHY ACT 1905 - SECT. 6A.
Broadcasts from ships in waters adjacent to Australia.

SECT

Inserted by No. 59, 1967, s. 4.
6A. (1) Except as authorized by or under this Act, a person shall not, on a ship outside Australia but in waters adjacent to Australia-

(a) establish, maintain or use any station or appliance for the purpose of transmitting broadcast programmes by means of wireless telegraphy; or

(b) transmit a broadcast programme by means of wireless tele- graphy.

(2) A person shall not, in Australia or in waters adjacent to Australia-

(a) sell or otherwise supply to another person any goods knowing, or having reasonable cause to believe, that the goods are for use-

(i) in or in connexion with the making of unauthorized broadcasts; or

(ii) in or in connexion with the navigation, working, operation or maintenance of a ship used, or to be used, in or in connexion with the making of unauthorized broadcasts;

(b) maintain or install, or do any act or thing in or in connexion with the maintenance or installation of, any appliance or apparatus knowing, or having reasonable cause to believe, that the appliance or apparatus is used, or is to be used, in or in connexion with the making of unauthorized broadcasts;

(c) do any act or thing in or in connexion with the navigation, working, operation or maintenance of any ship which the person knows, or has reasonable cause to believe, is used, or is to be used, in or in connexion with the making of unauthorized broadcasts; or

(d) transport any goods to a ship which the person knows, or has reasonable cause to believe, is used, or is to be used, in or in connexion with the making of unauthorized broadcasts.

(3) In the last preceding sub-section, ''unauthorized broadcast'' means the transmission, except as authorized by or under this Act, of a broadcast programme by means of wireless telegraphy from a ship outside Australia but in waters adjacent to Australia.

Penalty: One thousand dollars or imprisonment for a term not exceeding Five years.

WIRELESS TELEGRAPHY ACT 1905 - SECT. 7.
Forfeiture of appliances unlawfully erected.

SECT

Amended by No. 216, 1973, s. 3.
7. All appliances erected, maintained, or used in contravention of this Act or the regulations, for the purpose of transmitting or receiving messages by means of wireless telegraphy, shall be forfeited to the Crown for the use of the Commonwealth.

WIRELESS TELEGRAPHY ACT 1905 - SECT. 8.
Search warrants for appliances unlawfully erected.

SECT

8. (1) If a justice of the peace is satisfied by information on oath that there is reasonable ground for supposing that any appliance is established, erected, maintained, or used in contravention of this Act or the regulations, for the purpose of transmitting or receiving messages by means of wireless telegraphy he may grant a search warrant to any person.

(2) A search warrant under this section shall authorize the person to whom it is addressed to break and enter any place or ship, where the appliance is or is supposed to be, either by day or by night, and to seize all appliances which appear to him to be used or intended to be used for transmitting or receiving messages by means of wireless telegraphy.

WIRELESS TELEGRAPHY ACT 1905 - SECT. 8A.
Jurisdiction of courts.

SECT

Inserted by No. 59, 1967, s. 5.
Sub-section (1) amended by No. 122, 1973, s. 4; and No. 216, 1973, s. 3.
8A. (1) Subject to this section-

(a) the several courts of the States are invested with federal jurisdiction; and

(b) jurisdiction is conferred on the several courts of the Territories,
with respect to offences against section 6A that are committed outside Australia.
Amended by No. 122, 1973, s. 4.

(2) The jurisdiction invested in or conferred on courts by the last preceding sub-section is invested or conferred within the limits (other than limits having effect by reference to the places at which offences are committed) of their several jurisdictions, but, in the case of a court of a State, subject to the conditions and restrictions specified in paragraphs (a), (b) and (c) of sub-section (2) of section 39 of the Judiciary Act 1903-1966.

(3) The jurisdiction invested in a court of summary jurisdiction of a State by this section shall not be judicially exercised except by a Chief, Police, Stipendiary, Resident or Special Magistrate.
Amended by No. 122, 1973, s. 4; and No. 216, 1973, s. 3.

(4) The trial on indictment of an offence against section 6A that was not committed within any State may be held in any State or Territory.
Amended by No. 122, 1973, s. 4; and No. 216, 1973, s. 3.

(5) Subject to this Act, the laws of a State or Territory with respect to the arrest and custody of offenders or persons charged with offences and the procedure for-

(a) their summary conviction;

(b) their examination and commitment for trial on indictment;

(c) their trial and conviction on indictment; and

(d) the hearing and determination of appeals arising out of any such trial or conviction or out of any proceedings connected therewith,
and for holding accused persons to bail apply, so far as they are applicable, to a person who is charged in that State or Territory with an offence against section 6A that was committed outside Australia.

(6) Except as provided by this Act, the Judiciary Act 1903-1966 applies in relation to offences against this Act.

WIRELESS TELEGRAPHY ACT 1905 - SECT. 9.
Proceedings in respect of offences.

SECT

Sub-section (1) amended by No. 59, 1967, s. 6.
9. (1) Proceedings for any offence against this Act may be instituted in any Court of Summary Jurisdiction having jurisdiction with respect to the offence, and any person proceeded against under this section may be committed for trial or, with his consent, dealt with summarily.
Amended by No. 93, 1966, s. 3; and No. 216, 1973, s. 3.

(2) The Court in dealing summarily with any accused person under this section may, if he is found guilty of any offence against this Act, punish him by imprisonment for any period not exceeding six months or by a penalty not exceeding One hundred dollars.
Added by No. 10, 1936, s. 3; amended by No. 122, 1973, s. 4.

(3) For the purposes of the application of this section in the Territories, ''Court of Summary Jurisdiction'' includes a court of any Territory sitting as a court for the making of summary orders or the summary punishment of offences under the law of the Territory.

WIRELESS TELEGRAPHY ACT 1905 - SECT. 10.
Regulations.

SECT

10. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act.
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WIRELESS TELEGRAPHY ACT 1905 - NOTES


NOTES
1. The Wireless Telegraphy Act 1905 comprises the Wireless Telegraphy Act 1905 as amended by the other Acts specified in the following table:
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Number Date of
Act and year Date of
Assent commencement
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Wireless Telegraphy Act
1905 No. 8, 1905 18 Oct 1905 18 Oct 1905
Wireless Telegraphy Act
1915 No. 33, 1915 6 Sept 1915 6 Sept 1915
Wireless Telegraphy Act
1919 No. 4, 1919 8 Sept 1919 8 Sept 1919
Wireless Telegraphy Act
1936 No. 10, 1936 27 May 1936 27 May 1936
Statute Law Revision Act
1950 No. 80, 1950 16 Dec 1950 31 Dec 1950
Statute Law Revision
(Decimal Currency) Act
1966 No. 93, 1966 29 Oct 1966 1 Dec 1966
Wireless Telegraphy Act
1967 No. 59, 1967 11 Sept 1967 11 Sept 1967
Wireless Telegraphy Act
1973 No. 122, 1973 30 Oct 1973 30 Oct 1973
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
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By section 45 of the Australian Coastal Shipping Commission Act 1956-1973, the Wireless Telegraphy Act 1905 applies to and in relation to the Australian Coastal Shipping Commission.

The Broadcasting and Television Act 1942-1973 contains the following provisions:

(a) the use, etc., while licensed under the Broadcasting and Television Act 1942-1973, of broadcasting and television stations and broadcasting and television receivers is not a contravention of the Wireless Telegraphy Act 1905-see sections 81 (2), 105B (4), 105G (4), 125 (7), 126 (7), 126B (4) and 126C (2);

(b) the Australian Broadcasting Commission or a licensee holding a licence for a commercial broadcasting station or commercial television station shall not, except as permitted by the Broadcasting and Television Act 1942-1973, transmit or receive for transmission messages the transmission of which would, without the authority of, or licence granted by, the Minister administering the Wireless Telegraphy Act 1905 contravene the provisions of the last-mentioned Act-see section 112;

(c) the Minister administering the Wireless Telegraphy Act 1905 is not to grant a licence under that Act for any purpose for which a licence may be granted under the Broadcasting and Television Act 1942-1973-see section 130.

The Overseas Telecommunications Act 1946-1973 contains the following provisions:

(a) the Overseas Telecommunications Commission may establish, maintain and operate radio-telecommunications services licensed under the Wireless Telegraphy Act 1905-see section 34 (c);

(b) the Wireless Telegraphy Act 1905 and the regulations under that Act apply to the Commission-see section 42;

(c) the Commission shall obtain all licences, permissions or approvals necessary under the Wireless Telegraphy Act 1905-see section 74;

(d) all stations and services licensed under the Overseas Telecommunications Act 1946-1973 and the Wireless Telegraphy Act 1905 are subject to inspection authorized by the Postmaster-General-see section 79.
2.-S. 5-Sub-sections 269A (2) and (3) of the Navigation Act 1912-1973 provide as follows:

''(2) Every person in charge of a wireless telegraph station which is within the jurisdiction of the Commonwealth (including a station in a Territory), or which is established or installed under licence granted under the Wireless Telegraphy Act 1905-1919, shall, on receiving the prescribed safety signal, refrain from sending messages for a time sufficient to allow other stations to receive the message, and, if so required by the Minister, shall transmit the information in the manner directed by him.

''(3) Compliance with the provisions of sub-section (2) of this section shall be deemed to be a condition of every licence granted under the Wireless Telegraphy Act 1905-1919.''

Regulation 15 of the Wireless Telegraphy Regulations provides as follows:

''15. The provisions of the Telecommunication Convention and the Regulations in force thereunder, so far as that Convention and those Regulations are applicable and not given effect to by the Navigation (Distress Messages and Navigational Warnings) Regulations, 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.''

The Telecommunication Convention referred to in regulation 15 is the International Telecommunication Convention signed at Montreux on 12 November 1965.