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Wireless Telegraphy Act 1905

Act No. 8 of 1905 as amended, taking into account amendments up to Act No. 91 of 1980
Registered 08 Dec 2009
Start Date 03 Jun 1980
End Date 22 Dec 1983
Date of repeal 22 Dec 1983
Repealed by Radiocommunications (Transitional Provisions and Consequential Amendments) Act 1983

WIRELESS TELEGRAPHY ACT 1905 [Note: This Act is "repealed" by Act No. 136 of 1983]
(#DATE 30:06:1980)

- Incorporating all amendments by legislation made to 30 June 1980
- Reprinted as at 30 June 1980
*1* The Wireless Telegraphy Act 1905 (a) as shown in this reprint comprises Act
No. 8, 1905 as amended by the other Acts specified in the following table:
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Act Number Date of Date of
and year 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
Wireless Telegraphy
Amendment Act 1980 No. 91, 1980 3 June 1980 3 June 1980
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(a) This citation is provided for by the Amendments Incorporation Act 1905
and the Acts Citation Act 1976.

# By section 45 of the Australian Shipping Commission Act 1956, the Wireless
Telegraphy Act 1905 applies to and in relation to the Australian Shipping
Commission.

# The Broadcasting and Television Act 1942 contains the following provisions:

(a) the Australian Broadcasting Commission or a licensee under the
Broadcasting and Television Act 1942 shall not, except in so far as obligated by that Act, transmit or receive for transmission messages the transmission of
which would, without the authority of, or under a licence granted by, the
Australian Telecommunications Commission or the Minister administering the
Wireless Telegraphy Act 1905 contravene the provisions of the Wireless
Telegraphy Act 1905-see section 112;

(b) 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 Part IIIB of the Broadcasting and Television Act 1942-see section 130.

# The Overseas Telecommunications Act 1946 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 and the Wireless Telegraphy Act 1905 are subject to inspection
authorized by the Minister administering the Wireless Telegraphy Act 1905-see
section 79.

WIRELESS TELEGRAPHY ACT 1905 - LONG TITLE

SECT

An Act relating to Wireless Telegraphy

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

SECT

1. This Act may be cited as the Wireless Telegraphy Act 1905.*1*


See notes to first article of this Chapter.

WIRELESS TELEGRAPHY ACT 1905 - SECT. 2.
Interpretation.

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.

SECT

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.

SECT

(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.

Amended by No. 33, 1915, s. 2; and No. 216, 1973, s. 3.

SECT

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 telegraphy from any place or ship outside Australia.


WIRELESS TELEGRAPHY ACT 1905 - SECT. 5.
Licences.

Amended by No. 33, 1915, s. 2; and No. 216, 1973, s. 3.

SECT

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.*2*


*2* S. 5-Sub-sections 269A (2) and (3) of the Navigation Act 1912 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."

WIRELESS TELEGRAPHY ACT 1905 - SECT. 6.
Penalty for breach of Act. Ships fitted with apparatus for wireless
telegraphy.

Sub-section (1) amended by No. 93, 1966, s. 3; and No. 216, 1973, s. 3.

SECT

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.



Amended by No. 33, 1915, s. 2; No. 93, 1966, s. 3; No. 122, 1973, s. 4; and No. 216, 1973, s. 3.

SECT

(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.

Inserted by No. 59, 1967, s. 4.

SECT

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 telegraphy.


(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, &c.

Sub-section (1) amended by No. 216, 1973, s. 3; and No. 91, 1980, s. 3

SECT

7.*3* (1) 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 Commonwealth.


Added by No. 91, 1980, s. 3

SECT

(2) The Minister may, by writing signed by him, direct that an appliance forfeited under this section be sold or otherwise disposed of upon such conditions (if any) as are specified in the instrument of direction and, pending his direction, the appliance shall be kept in such custody as he directs.


*3* Section 7 was amended by sub-section 3 (1) of the Wireless Telegraphy
Amendment Act 1980. Sub-section 3 (2) of that Act provides as follows:

"(2) The amendment made by sub-section (1) has effect in relation to
appliances forfeited under section 7 of the Principal Act on or after 1 July
1979."

Crown copyright subsists in this legislation. Other than as permitted by law, no part may be reproduced in any way without the permission of the Commonwealth.
Requests should be in writing to "The Secretary, Attorney-General's Department, Canberra, A.C.T. 2600 ".


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.

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

SECT

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.

SECT

(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.

SECT

(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.

SECT

(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.

Sub-section (1) amended by No. 59, 1967, s. 6.

SECT

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.

SECT

(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.

SECT

(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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