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.