History of wireless telegraphy and broadcasting in Australia/Topical/Legislation/C1905A00008/Notes

Summary: Wireless Telegraphy Act 1905 - FRLI: C1905A00008, Act No. 8 of 1905, assented to 18 October 1905

Wireless Telegraphy Act 1905 - Transcriptions and notes

1900s

1901

1901 01

Jenvey declines to express an opinion on Marconi's rights

NEWS OF THE DAY. Mr. Jenvey, the telegraphic expert of the Postal department, declines to express any opinion as to the question raised by "The Age" as to the State's relations to the Marconi wireless telegraphy patents. Other officials, however, declare, that although in the event of the Australian Post Office adopting wireless telegraphy for commercial and other purposes compensation will be due to the Marconi Company as an act of justice, yet under the Postal Acts of the various colonies the State has the sole right to engage in telegraphic business. The sections in the acts giving the Postal department supreme control over the telegraphic system would apply.

As previous

GENERAL NEWS Before wireless telegraphy can be introduced in Victoria it is quite possible that the Postal authorities will have to purchase the patent rights for this colony from the inventor. The Imperial authorities are now negotiating with Mr Marconi for the right to install his system in Great Britain, and it is understood that there is every probability of their coming to terms. The Victorian Postal authorities believe, however, that wireless telegraphy or any cognate application of electrical power comes under a section of the Post-office Act which gives the department the exclusive right to transmit messages over the electric wires. Mr. H. V. Jenvey, chief electrical engineer to the department, has not yet completed his experiments with the wireless system, so that no immediate steps can be taken to apply it for commercial or defence purposes. When that time does come Mr Marconi's claims to patent rights will have to be considered.

1901 11

Tasmanian government seeking wireless telegraphy between Tasmania and nearby islands

TASMANIAN GRIEVANCES. LAUNCESTON, Thursday. A meeting of the Chamber of Commerce today decided to ask the Federal Postmaster-General to inquire into the adaptability of wireless telegraphy for cheap communication between Tasmania and the mainland. The president stated that Lloyd's had approached the Government for the use of Swan and King islands, and were prepared to install the system at their own expense. The Government had granted the application. Complaint was made that queries made by the Customs Department are referred to Hobart, and thence to Melbourne, the replies being received via Hobart, causing unnecessary delay. The chamber resolved that the Federal Government should be asked to give the local collector power to deal direct with Melbourne on these matters.

Post and Telegraph Act considered to regulate wireless telegraphy also

WIRELESS TELEGRAPHY. Can the Postal department prevent any private firm establishing a system of wireless telegraphy within the Commonwealth? This in effect is the substance of a question to be put to the Postmaster General in the Senate on Wednesday. There is, it is said, a movement on foot to transmit telegraphic messages from Tasmania to one of the adjoining islands, a service for which a private company proposes to collect rates. To permit wireless telegraphy in the hands of private companies to come into competition with the ordinary telegraph and cable services might, of course, prejudice the revenue of the Telegraph department. The Post and Telegraph Act, however, gives the Postal department the "exclusive right to transmit messages by telegraph," and this is broadly interpreted to cover any system of wireless telegraphy. Before employing the new system for its own purposes the Postal department would however, have to pay the inventor for his patent rights.

As previous

WIRELESS TELEGRAPHY. In reply to suggestions that the system of wireless telegraphy may be established within the Commonwealth by private firms, the postal department points out that the Post and Telegraph Bill, which comes into operation on 1st December, gives the Postmaster-General sole power to transmit messages, and that without his consent there can be no competition with the Commonwealth department.

1904

1904 12

Punch magazine publishes a graphic joke with thrust the general public don't care about the forthcoming Wireless Telegraphy Act

PERFECTLY SATISFIED. TOM.— "What do they call this 'ere wireless telegraphy, Bill?" BILL.— "If the publican beckons us over for a drink, that's it."

1905

1905 07

First reference to the new Wireless Telegraphy Bill in the Senate

. . . Senator PLAYFORD - It is a question for a lawyer, and I shall get a lawyer's opinion on the subject before I deal with it. The statement proceeds:- Several Bills considered in part last session will be revived by resolution, and, where necessary new amendments will be added. Among other matters engaging the serious attention of Ministers, and upon which it is intended at a later date to make proposals of an important character, that of Defence (29) . is specially deserving of reconsideration, particularly in view of recent developments. Short Bills relating to the Law of Evidence (30); Audit Act Amendment (31); Wireless Telegraphy (32); Census and Statistics (33); Weights and Measures (34); Designs (35); and Property Acquisition (36) will be placed before you. This list of subjects may be divided into two parts. The first is made up of minor Bills, aiming at useful but independent additions to the ordinary machinery of Government. The other consists of major Bills, embodying a progressive policy of development of the resources of the Commonwealth, intended to be carried out by systematic effort here and in the Mother Country, and, if necessary, in the sister dominions of the Empire. It may not be possible to complete this programme, though with the help of Parliament a great advance can be made before the next recess. The policy as a whole can be pushed far onward if we are able to follow a business-like session this year with a longer session next year, devoted to questions of the first magnitude, approached steadily and consistently from the practical side. At all events, so far as Ministers are concerned, this Parliament will be afforded, as it has itself demanded, another opportunity of fulfilling the purposes for which it was elected, and justifying the confidence of those who look to us to foster the national interests of Australia. . . . Senator PLAYFORD - I can only repeat that I shall do all I can to get as much work as possible before the Senate. I hope I shall succeed ; but I am a little doubtful, as the House of Representatives has charge of the Estimates, and will have some Bills which are of a highly contentious character to deal with. Before those Bills are submitted to the Senate, it may be necessary for me to ask for an adjournment for a fortnight or so. The present position is that the Government have given notice of their intention to proceed in the Senate with the consideration of the very debatable Bill introduced last session relating to the survey of the proposed railway line between Kalgoorlie and Port Augusta, and that the are also ready to give notice of their intention to introduce Bills relating to copy right, wireless telegraphy, and other matters. These are not of supreme importance, nor are they of a very contentious character, but they will, at all events, provide work. Looking round the Senate, I must say that - I anticipate that honorable senators will also bring forward a considerable amount of private members' business. . . .

WT Bill presented and read a first time in the Senate

WIRELESS TELEGRAPHY BILL Motion (by Senator Keating) agreed to - That leave be given to introduce a Bill for an Act relating to Wireless Telegraphy. Bill presented and read a first time.

1905 08 02

Senator KEATING (Tasmania—Honorary Minister) (NaN.NaN pm). - I move - That the Bill be now read a second time.

So far as length is concerned, the measure is a very small one. Its main object is to make a Government monopoly of wireless telegraphy in the Commonwealth. The provisions of the Post and Telegraph Act of 1901 make telegraphy, as then understood, the sole business of the Postmaster-General. In section 80 of the Act, it is set forth that The Postmaster-General shall have the exclusive privilege of erecting and maintaining telegraph lines and of transmitting telegrams or other communications by telegraph within the Commonwealth, and performing all the incidental services of receiving, collecting, or delivering such telegrams or communications, except as provided by this Act or the regulations. It might be argued, on the construction of those words, and in view of the developments which have taken place in connexion with the science or art of telegraphy, that wireless telegraphy would also be included within the purview of the section. But later on in the section we find this proviso: - Provided also that nothing in this section shall be taken to prevent any person from maintaining and using any telegraph line heretofore erected by him or from erecting, maintaining, and using any telegraph line - [a) which is wholly within and upon land whereof he is the proprietor or occupier, and solely for his own purposes, &c. Even where there is an actual physical connexion by means of a wire, so long as the wire and all the appliances and instruments in connexion therewith are upon private property, a private individual can use the ordinary telegraph, notwithstanding the provision that is made for giving the Postmaster-General exclusive rights in respect to telegraphs. The appliances and apparatus which are used for the practice of wireless telegraphy do not necessitate the use of any connexion wires at all, but are simply terminal apparatus, which may be used and may be confined at either end absolutely to any person's land. I do not say that that proviso would put out of the enacting part of the section a system of wireless telegraphy. But, as it stands, it is sufficient to throw some doubt on the question as to whether a system of wireless telegraphy does come properly within the section, because it is perfectly understandable that all the appliances which would be required for a transmitting station could be comprised within the private property of an individual, and that all the appliances and apparatus which would be required for a receiving station could also be comprised within the boundaries of the private property of that, or some other individual, and communication could be established without the aid of wires at all by the new system. It is quite possible that in that way it might be argued, and argued successfully, that the Act, as framed in 1901, had not in contemplation such a system of communication as wireless telegraphy. Under these circumstances, it is deemed desirable to set at rest any such doubt as that. That is the object of the Bill. It is set forth in clause 4, that the Postmaster-General shall have the exclusive privilege of transmitting messages by wireless telegraphy in Australia, of transmitting them to any place or ship outside Australia, and of receiving them from any place or ship outside Australia. Of course, it might be argued that it is not desirable that he should have that power. Where legislation has been submitted, as in the case of Great Britain, provision has been made to protect persons who are working apparatus for the purpose of carrying out a. system of wireless telegraphy for scientific or experimental purposes, and to enable them to do so. But in order to get over any such difficulty as that, provision is made in this Bill that the Postmaster-General may by licence enable persons to carry out any such system, either for that Or any other purpose he may think desirable. Appropriate penalties are provided in the case of any person who contravenes the Act, by attempting to establish, erect, maintain, or use any station, to transmit or to receive messages by means of this method.

Senator Guthrie (—) (NaN.NaN pm) - Would it apply to semaphore or other signals?

Senator KEATING (—) (NaN.NaN pm) - I think not, from the following definition in clause 2 : - " Wireless telegraphy" includes all systems of transmitting and receiving telegraph messages by means of electricity, without a continuous metallic connexion between the transmitter and the receiver. The definition in the English measure goes a little further than that, and it is thought that by limiting its application to messages transmitted by electricity, anybody who chooses to carry out a system of telegraphy by means of semaphores will not commit a breach of the provisions of the Act. Then, of course, there is provision made for the case of ships which come into the ports of the Commonwealth, fitted with appliances and apparatus for wireless telegraphy. As honorable senators know, these appliances and apparatus are to be found fairly frequently now on many of the large ships. Therefore, provision is made that, so long as the ships are in the ports of the Commonwealth, the appliances and apparatus shall be subject to the control of the Postmaster-General. They may (be used, of course, by the owners or by those in control of the vessels, but subject to such regulations as may be framed for such purpose.

Senator Guthrie (—) (NaN.NaN pm) - And to such charges ?

Senator KEATING (—) (NaN.NaN pm) - That will be a matter of regulation. At present the Bill simply provides that these instruments shall be subject to the control of the Postmaster-General, and shall only be used by his authority or as authorized by the regulations. I have no doubt that if it is deemed desirable that charges should be made for the use of them, the regulations will provide for proper and fair charges to be made. Provision is also made for the forfeiture of any such apparatus or instrument which may be used by any person contrary to the provisions of the Act, And in cases where it is suspected that appliances are toeing used in contravention of the Act, proper provision is made to enable the necessary search warrants to be issued, authorizing persons to make searches, and to take possession of such instruments.

Senator de Largie (—) (NaN.NaN pm) - Have any private persons been working this system in Australia?

Senator KEATING (—) (NaN.NaN pm) - Not that I know of, unless it has been done as a matter of experiment. During the last few years the successive Governments of the Commonwealth have had brought under their notice several different systems, including, amongst others, the following: - Marconi, Professor Slaby's, Slaby-Arco, Lodge-Muirhead, T. E. Clark, Heincke, De Forest, Telefunken, and Shoemaker. It is eminently desirable that if there is any system' of wireless telegraphy established in Australia for the transmission, on behalf of the public, of messages, we should have a system that would be, as far as possible, similar to whatever system may be adopted by the United Kingdom and its warships, so that communications which would pass between them and the United Kingdom when at sea, or between them and Australia or other British Possessions, would be as far as possible in accordance with one particular system. Representations to that effect have passed between the Governments of the Commonwealth and the Home Government, and it is thought desirable that neither party should yet adopt any particular system or grant concessions, rights, or privileges to any particular syndicate, or to any promoters, to carry out a system in Australia or elsewhere which would make it difficult for the Governments afterwards to have a system on a proper and uniform basis as far as possible throughout the Empire. I think I have now indicated most of the main provisions of the Bill which, though it may seem very small, is an important one, and one which I think should be passed into law as early as possible. The ninth, or concluding clause, enables the GovernorGeneral to make such regulations as may be necessary from time to time for giving effect to the principles of the Act. In conclusion, I might mention, as I have already indicated, that many ships - more particularly the ships of war of the different nations - are fitted up with wireless telegraphy transmitters and receivers. Provision is therefore made in clause 3 that - This Act shall not apply to ships belonging to the King's Navy. As honorable senators will see, it would be desirable and advisable that so long as the ships of the King's Navy are in the ports of the Commonwealth, they should not be prevented from carrying on wireless telegraphy between themselves or with elsewhere, as they are frequently doing, for experimental purposes, I understand.

Senator Mulcahy (—) (NaN.NaN pm) - What about foreign warships ? Senator KEATING (—) (NaN.NaN pm) - Foreign warships will come within sub-clause 2 of clause 6. Their instruments and appliances will be subject to the control of the Postmaster - General, and usable subject to regulations which will be framed. Senator Guthrie (—) (NaN.NaN pm) - What about colonial warships ? Senator KEATING (—) (NaN.NaN pm) - They are part of the King's Navy. Senator Guthrie (—) (NaN.NaN pm) - No. Senator KEATING (—) (NaN.NaN pm) - If the honorable senator wishes to make certain of that, probably he will suggest the addition of a few words to provide that the vessels of the Commonwealth Navy shall not come within the provisions of the measure. Senator Mulcahy (—) (NaN.NaN pm) - Does the Minister think that foreign nations would permit the Postmaster-General to send on board officers to take charge of their instruments? Senator KEATING (—) (NaN.NaN pm) - I do not suppose that any of our officers would take charge of the instruments. That would be a matter for arrangement, in accordance with international comity. The like provisions will apply to foreign warships visiting our ports as apply to British warships visiting foreign ports. No express provision has been made in the Bill in that regard, but should they not come within subclause 2 of clause 6 I have not the slightest doubt that, under some proper and effective regulations, the control of their wireless telegraphy will be on all fours with the control which they themselves exercise in their own ports in respect of visiting warships. Senator de Largie (—) (NaN.NaN pm) - Can the Minister tell us whether any experiments have been carried out by the electrical branch of the Post and Telegraph Department, or any of its officers? Senator KEATING (—) (NaN.NaN pm) - I am not in a position to say that there have been any experiments carried out. The electricians of that Department have been called upon to report upon certain systems which have been taken into consideration by the Government, but whether, in order to bring up their report, they have conducted any experiments or not I do not know. Senator Drake (—) (NaN.NaN pm) - They have been experimenting for a long time. Senator KEATING (—) (NaN.NaN pm) - Perhaps they have been experimenting in Queensland; at short distances.

Senator Drake (—) (NaN.NaN pm) - In other States as well. Debate (on motion by Senator Pulsford) adjourned.

1905 08 04

Procedural Text relating to the second reading of the Wireless Telegraphy Bill

Second Reading. Debate resumed from 2nd August (vide page 466), on motion by Senator Keating - That the Bill be now read a second time.

Speech by Senator Pulsford, following second reading of Wireless Telegraphy Bill, in its support & suggesting amendments

Senator PULSFORD (New South Wales—) (NaN.NaN pm) - This is a necessary Bill. The growth of wireless telegraphy is already very considerable, and promises to be much greater. It is desirable, therefore, that the Post and Telegraph Department should be prepared to deal with it. I observe that, according to the English Act, in the old country it is considered a matter not only for the Post and Telegraph Department but also for the Defence Department, in which certain powers are vested. I think it is desirable to make some amendments in the Bill in that direction. Clause 3 reads -

This Act shall not apply to ships belonging to the King's Navy. I suggest that the clause might be amended so as to provide that the Act shall not apply to "the Naval and Military Forces." In clause 4 I think it is desirable to insert the following proviso, which is taken from the English Act:- Provided that nothing in this Act shall prevent any person from making or using electrical apparatus for actuating machinery, or for any purpose other than the transmission of messages. That seems a very simple and necessary provision. In sub-clause 1 of clause 6 there is provided an immense penalty - £500 - which is repeated in the next subclause. The English Act fixes the penalty at £100, and also provides an additional penalty of imprisonment, which may be inflicted with a fine. I shall propose, therefore, that we reduce the penalty from £500 to £200, and add these words - " With or without hard labour, for a term not exceeding twelve months." Clause 8, as it stands does not seem to be quite sufficient. The search warrant may be granted to any person. I shall propose that the clause be brought into line with the provision in the English Act by substituting these words - A search warrant may be granted to any police officer, . or any officer appointed on their behalf by the Postmaster-General or the Minister for Defence, and named in the warrant. I shall also propose that the following new clause be inserted:- No proceedings shall be taken against any person under this Act except by order of the Postmaster-General or the Minister for Defence. The amendments are of the simplest character. They conflict in no way with the principle of the measure, but assist in carrying it out and safeguarding the work of the Departments. They also give some power to the Minister of Defence as well as to the Postmaster-General. Under the English Act power is possessed by the Postmaster-General, the Admiralty, the Army Council, and the Board of Trade. In our measure I imagine that it will be sufficient to name the Postmaster-General and the Minister of Defence. Question resolved in the affirmative. Bill read a second time. In Committee: Clause 1 agreed to.

Clause 2 - In this Act, " Australia " includes the territorial waters of the Commonwealth.

Speech by Senator Pearce, following second reading of Wireless Telegraphy Bill, in its support & suggesting amendments

Senator PEARCE (Western Australia—) (NaN.NaN pm) - It is doubtful whether Papua is included in the definition, therefore I move -

That after the word " Commonwealth," line 2, the words and the territory of Papua "be inserted.

The Acts Interpretation Act defines "Australia" as including the whole Commonwealth; and the Constitution defines "Commonwealth" as meaning "The Commonwealth of Australia as established under this Act." The Commonwealth consists of six States exclusive of the territory of Papua; and the same dangers that would arise out of any abuse of this power in the States would arise in the case of Papua. Senator McGregor has suggested to me that an even wider term might be inserted, by saying, "and any territory whatever." I have not had much time to give consideration to the point, but I think it would be wise to include all our existing territory.

Senator KEATING (Tasmania—Honorary Minister) (NaN.NaN pm) . - I think the honorable senator's suggestion is a worthy one, which should be accepted. The Bill, of course, only provides for a system of wireless telegraphy in Australia. The exclusive use of wireless telegraphy within the Commonwealth is to be under the control of the Postmaster-General. The same reason that would apply to the six States applies with equal force to the territory of Papua. Therefore, I shall accept the amendment.

Senator MILLEN (New South Wales). Senator Pearce indicated a suggestion which came from Senator McGregor, and which seems to be better than that contained in the amendment. It is true that, to-day, the Commonwealth is only vested with the control of one piece of outside territory; but one can hardly say what the coming years may bring forth. There are infinite possibilities of greater responsibilities being placed upon the Commonwealth, and we should provide for them. Senator McGregor has suggested the insertion of the words "and any territory thereof." That would cover not only the immediate necessities with regard to Papua, but also any other territory that might pass under the control of the Commonwealth. It is, for instance, quite conceivable that one or two islands, which are at present directly under the administration of New South Wales, might at some time pass under the control of the Commonwealth. I might mention Lord Howe Island, as an example. Certainly, the insertion of the word Papua would not cover that case, whereas I should think the term "territory of the Commonwealth" would do so. I, therefore, suggest the advisableness of accepting Senator McGregor's suggestion.

Senator PEARCE(Western Australia). - I ask leave to withdraw my amendment with a view to substitute the words "and any territory of the Commonwealth." Amendment, by leave, withdrawn. Amendment (by Senator Pearce) proposed - That after the word "Commonwealth" the words " and any territory of the Commonwealth " be inserted.

Senator KEATING (—) (NaN.NaN pm) - I agree that it would be desirable not to restrict ourselves to present conditions, but to provide in the Bill for apy possible future extension of the Commonwealth by acquisition of new territory. The only point that occurs to me is in reference to the exact words to be used. Section 122 of the Constitution provides that -

The Parliament may make laws for the government of any territory, surrendered by any State to and accepted by the Commonwealth, or of any territory placed by the Queen under the authority of and accepted by the Commonwealth.

I think that the words proposed by Senator Pearce will meet all the possible cases, and therefore I have no objection to the amendment. Amendment agreed to. Clause, as amended, agreed to. Clause 3 - .

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

Senator Pulsford moves an amendment to the Wireless Telegraphy Bill relating to exemption for naval forces

Senator PULSFORD (New South Wales—) (NaN.NaN pm) - I move -

That the words " ships belonging to the King's Navy " be left out with a view to insert in lieu thereof the words," the Naval and Military Forces." I am not sure that a clause of this nature is necessary. There is nothing of the sort in the English Act. But, if it is thought to be necessary, it should be made to include anything done by the Military and Naval Forces, which

embrace the Naval Squadron of His Majesty.

1905 09

Opinion piece by journalist of "The Age" expresses view that Australian wireless telegraphy should be opened up for competition

AUSTRALIAN WIRELESS TELEGRAPHY. WILL THERE BE A MONOPOLY? Within the next few weeks the Governor-General will have given his assent to the Wireless Telegraphy Bill, and it will be illegal to install and work wireless telegraphy apparatus without a licence issued by the Postmaster-General. It is therefore desirable, in the public interest, that attention should be directed without delay to the danger that exists that one or other of the competing companies working wireless systems may secure a monopoly. That there is such a danger no one can doubt from the way in which the Postal department is waiting for the opinion of the British Admiralty before dealing with the competing offers now before it. The idea appears to be that whatever system the Admiralty adopts the Postmaster-General should also adopt, to the exclusion from Australian coasts of all others. What is desirable is the very freest competition amongst the rival systems, within certain limits, which will fix zones for each company, and clearly indicate how far the existing telegraphs or cable routes may be invaded. Some guidance in the matter is given by a return that has been issued by the British Postmaster-General, revealing the operations of his officers in connection with the first year's working of the British Wireless Telegraphy Act. This act is a temporary measure, and expires at the end of 1906. Under it 73 applications for licences have been received, only three of which were in regard to the Marconi apparatus. Forty-eight of the applications were granted; four were referred back for amendment; one has been refused because it proposed wireless "exchanges," which interfered with the ordinary telegraph monopoly; and the remainder are still under consideration. The licences appear to have been issued so as to promote experimental work and to foster private enterprise and invention. No one company has been favored. The Marconi Co., and Lloyd's, in London, are still, as yet, the only bodies at present accepting wireless telegrams from the public; but other systems have been licensed, and are in operation for business purposes. For example, the London, Brighton and South Coast Railway Company is using the system of a Frenchman named Rochefort for communication with the Dieppe Newhaven packets, and with a wireless station belonging to a French railway company at Dieppe. The Midland Railway Co. intends to use the Lodge-Muirhead system in connection with the Heysham-Belfast steamers. This railway company has a licence, too, for experimenting with the same system in relation to trains in motion — a use of wireless telegraphy successfully developed in the United States and Germany. Then the Marconi Company has obtained permission to establish a long distance station on the west coast of Ireland for "commercial communication" with America. The Lodge-Muirhead Company is asking for stations on the Isle of Wight, the Lizard, at Dover, and at the Fastnet. The De Forrest Company has secured several stations on the east coast. The policy pursued by the British Parliament is to encourage competition amongst these companies in the hope of cheapening what is at present only "a rich man's service," and Australia cannot do better than follow suit.