Post and Telegraph Act 1893 (WA)

57 VICTORLE. No. 5

The Post and Telegraph Act, 1893

WESTERN AUSTRALIA

ANNO QUINQUAGESIMO SEPTIMO

VICTORLE REG=

The Post and Telegraph Act, 1893

(57 Vie., No. 5)

ARRANGEMENT OF SECTIONS

PART I Newspapers

PRELIMINARY 16. Newspapers may be registered on

1. Short title and commencement. payment of the prescribed fee.

2. Division of Act.	17. Removal from Register.
3. Acts repealed. Schedule I. Re-	18. Consequence of irregularity.

ferences to Repealed Acts.

4. Interpretation.	Parcels Post
5. The Postmaster General to have

the exclusive privilege of con-	19. Parcels may be sent by post.
veying letters for hire or reward.

Exceptions. Postage Stamps

20. Postage stamps to be made.

Officers 21. Postage to be prepaid by stamps.

6. Appointment of officers.	22. By money in certain cases.
7. Declaration by Postal and Tele-	23. Certain adhesive stamps inter-

graph officers. Schedules II and	changeable for stamp duties and
III.	postage dues.

Exemption from Tolls Registration

8. Postal officers free from tolls.

24. Registration.

25. Letters with money, &e., must be

registered. Penalty.

PART II

TUE REGULATION OF TEE POSTAL Letters, de., Unclaimed, Improperly

DEPARTMENT Addressed, &c.

26. Certain letters, dm., to be deemed

Arrangements and Contracts posted in contravention of this

9. Arrangements may be made for Act.

intercolonial and foreign mails. 27. Letters, &e., in contravention of

10. Contracts for conveyance of mails. this Act, how dealt with.

28. Power to examine newspapers and

Dies, Plates the. packets.

11. The Minister may provide dies, 29. Unclaimed letters, &c., how dealt

plates, &c. with.

30. Letters, &c., may be returned to

Postage Rates sender if request endorsed there-

12. Post cards and letter cards. on.

13. Letters, &c., from places beyond 31. Telegrams, letters, &e., at hotels,

the Colony. if undelivered for two months,

14. Letters, &c., partially prepaid.	to be returned to nearest post
15. Power to frank letters, &c.	office. Penalty.

57 VICTORLE. No. 5

The Post and Te egraph Act, 1893

Power to open Letters, &e. PART IV

32. How dead letters, &c. disposed of at General Post Office. MONEY ORDERS AND POSTAL NOTES

53. Arrangements for money orders

33. Mode of opening. Schedule IV. and postal notes.

34. Sender of opened letters, &c., to 54. When amount of money order may

pay postage. be refunded.

When Letters, Ito., may be returned 55. Postal notes to be deemed valuable

35. Letters, &c., not to be returned except in certain cases. security and public money.

Power to refuse to deliver Letters, the. PART V

36. Power in certain cases to refuse to register or deliver letters, &c. ELECTRIC TELEGRAPHS

37. Letters, &c., in such cases, how dealt with. Money orders may 56. Postmaster General may contract

for construction of telegraph

be refused. lines.

38. Heavy letters, &c., may be refused 57. Telegraph lines to be subject to

transmission this Act.

58. Lands may be entered and surveyed,

Delivery of Letters, &e. &c.

39. Delivery at post town, or at named, or at last known residence suffi-	59. Works to be made on any land, dec.
60. Wires, &c., may be affixed to build-

cient. ings.

40. Despatch and delivery of packets, dm., may be delayed. 61. Trees within thirty-three feet of

line to be removed.

62. Laying lines under streets.

Evidence 63. Free access to be permitted for the

41. Who deemed to be the sender of letter or packet. Post Office repair of line of telegraph.

64. Provision as to compensation.

stamp evidence of refusal of 65. Postmaster General to have ex-

letter, &c. Post Office stamp	clusive rights in respect of tele-
evidence of liability to postage.	graphs.

42. Mail in charge of postmaster, &c., deemed to be by post.	66. Erection of private lines.
67. Postmaster General may make and

Power to destroy Books, the. cancel agreements for private

43. Power to destroy books and docu- lines.

ments.

PART VI

PART III REGULATIONS AND BY-LAWS

CONVEYANCE OF MAILS

68. Power to make regulations.

44. In vessels conveying mails, lockers to be provided. Penalty.	(1) Officers.
(2) Rates of postage.
45. Delivery of ship mails on arrival of vessel. Penalty.	(3) Postage on letters of sailors,

soldiers, &c.

46. Declaration by masters on arrival. Schedule V. Penalty. (4) Postage to be collected on

letters, &c., from abroad.

47. Mails to be taken in vessels out- ward bound and coastwise. (5) Postage to be charged for re-

direction.

Penalty. (6) Conditions to be observed in

48 Payment to masters. franking.

49. Non-delivery and carrying mails past port of destination. (7) Newspapers to be defined, and

how to be sent.

50. Master nrriving from colony where there has been payment, not to (8) What newspapers, &c., may be

sent free.

be paid. (9) Defining packets.

51. Notice of departure of vessels and of postponed departure. Penalty.	(10) What parcels may be carried.
(11) What parcels shall not be

52. Duty of master where vessels not sailing pursuant to notice. carried.

(12) Conditions as to small parcels.

Penalty. (13) Parcel rates.

57 1rICTORIE. No. 5

17w Post and Telegraph Act, 1893

(14) Mode of payment of rates. 81. Fraudulently removing stamps.

(15) Forfeiture and sale of parcels. Evidence.

(16) Fees in addition to postage. 82. Illegally franking letters or tele-

(17) Conditions of registrations. grams.

(18) Private boxes, Sm. 83. Falsely sending letters, Sc., as free

(19) Registration of newspapers. of charge.

(20) Complaints, how to be made.	84. Falsely sending packets.
(21) Duration of retention of let-	85. Falsely sending newspapers.

ters, Sc. 86. Sending explosive or noxious

(22) Disposal of opened letters, Sc.	substance, or indecent articles,
(23) Sale of stamps.	Sc.

(24) Defacing stamps. 87. Penalty on masters of vessels, post-

(25) Letters, Sc., containing duti- masters and others, for breach of

able articles. duty.

(26) Salo or destruction of news- 88. Losing or not delivering letters.

papers. 89. Penalty on mail coach driver or

(27) As to foreign newspapers. guards loitering.

(28) Remuneration for compulsory 90. Wilfully opening mails, Sc., without

carriage of mails. authority.

(29) Money orders.	91. Retaining or secreting letters.
(30) Postal notes.	92. Improperly obtaining letters, Sc.
(31) Telegraph lines for private	93. Delivering to wrong person.

use. 94. Stealing letters, &c.

(32) Rules and fees for telegraphs 95. Opening or tampering with letters.

generally. 96. Criminal diverting of letters from

(33) Order of transmission of tele- addressee.

grams. 97. Exhibiting sign, Sc., as post office

(34) Contents of telegrams. or Royal Mail.

(35) General. 98. Obstructing conveyance and delivery

Regulations when published in of mail.

' Government Gazette' to have 99. Obstructing officer in the execution

the force of law, and to be laid of his linty, &c.

before Parliament. 100. Injuring or destroying pillar letter

69. Present regulations to remain in receivers.

force until rescinded. 101. Placing injurious substances

70. Power to makeregulations in certain against letter boxes, Sc.

cases in pursuance of provisions 102. Selling stamps without a license,

in other Acts. or pretending to be licensed.

71. Power to make By-Laws. 103. Unlawfully issuing money orders

or postal notes.

104. Forging or uttering telegrams.

105. Sending false telegrams.

PART VII

106. Sending fraudulent messages.

107. Penalty for violation of secrecy.

OFFENCES AND LEGAL PROCEEDINGS 108. Erection or maintenance of tele-

72. Penalty for retarding delivery of graph lines without authority.

mails. 109. Making charges for use of telegraph

73. Conveying of letters otherwise than line without authority.

by post. Evidence. Exceptions. 110. Injuries to Telegraphs.

74. Forging or fraudulently using or 111. Attempt to injure Telegraphs.

possessing dies or plates. 112. Damage to be made good in addi-

75. Affixing stamps already used, and tion to penalty.

otherwise evading postage. - 113. Arrest of offenders.

76. Unlawful possession of moulds for 114. Negligently injuring telegraph post

making postage stamp or postal-	or wire.
note paper.

77. Illegal possession of postage stamp

or postal-note paper. Offences, General

78. Forgery of crossing of postal-note. 115. Post Offices may be entered, and

79. Penalty for issuing fictitious stamps, possession taken of letters, Sm.,

&c. Evidence. on behalf of department.

80. Illegally sending postal envelopes, Penalty.

&c. 116. Resisting Officer.

57 VICTORDE. No. 5

The Post and Telegraph Act, 1893

Legal Proceedings 121. Notice and limitation of action.

117. Proceedings for penalties.	Contractors and mailmen ex-
118. Form of information—property to	cepted.

be laid in the Postmaster 122. In cases of money orders or postal

General. notes.

119. Shortening Ordinance. Appropriation of Fees, cec.

Protection from Actions 123. Appropriation of penalties, &e.

120. Crown not liable for delay or loss

of letter, &e. SCHEDULES

No. 5

An Act to consolidate and amend the Law relating to Posts and Telegraphs, and Telephones.

[Assented to 5th September, 1893.

Preamble

HEREAS it is desirable to consolidate and amend the Law

by the Queen's Most Excellent Majesty, by and with the advice andWrelating to Posts, Telegraphs, and Telephones : Be it enacted

consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows :—

PART I

PRELIMINARY

Short title and 1. This Act may be cited as The Post and Telegraph Act, 1893,'

commencement

and shall commence and take effect on and from the first day of

September, one thousand eight hundred and ninety-three.

Division of Act 2. This Act is divided into Parts, as follows :-

PART I.—PRELIMINARY : SS. 1-8.

PART II—THE REGULATION OF THE POSTAL DEPART-

MENT : SS. 9-43.

PART	III.—CONVEYANCE OF MAILS : SS. 44-52.
PART	IV.—MONEY ORDERS AND POSTAL NOTES: S.

53-55.

PART V.—ELECTRIC TELEGRAPHS : S5. 56-67.

PART VI.—REGULATIONS AND BY-Lmvs : ss. 68-71.

PART VII—OFFENCES AND LEGAL PROCEEDINGS: SS.

72-123.

Acts repealed

3. (1) The Acts specified in the First Schedule to this Act, and (2) But the repeal shall not affect anything lawfully done or contracted to be done under the authority of the said repealed Acts or regulations or any of them.

&beanie I

except as hereinafter provided, all rules and regulations made

thereunder, are repealed to the extent in the said Schedule indicated.

57 VICTORI.E. No. 5

The Post and Telegraph Act, 1893

(3) All things lawfully done, appointments or arrangements made, bonds or securities given, fees, rates, or dues fixed, contracts entered into, rights accrued, offences committed, liabilities or penalties incurred, shall, subject to the provisions of this Act, be and continue to be of the same force and effect, to all intents and purposes, as if the repeal had not taken place, and all proceedings instituted before the commencement of this Act may be continued as if the repeal had not taken place.

ment or other document, reference is made to any Act hereby repealed, repealed Acts (4) Where by any statute, regulation, by-law, order, instru- References to

or any of the provisions thereof, the statute, regulation, by-law, order, instrument or other document shall be construed and have effect as if reference were made therein to this Act or the corresponding provisions hereof.

4. In this Act, unless the context otherwise indicates, the following Interpretation

terms have the meanings set against them respectively :—

Foreign Letter, Packet, or Newspaper—A letter, packet, or newspaper received from a place out of Western Australia for delivery in Western Australia, or posted at a post office in Western Australia for delivery out of Western Australia ;

General Post Office—The head office of the Department in

Perth ;

Inland Letter, Packet, or Newspaper—A letter, packet, or newspaper posted at a post-office in Western Australia for transmission by post between separate post towns or places within Western Australia ;

Master—The person, not being a pilot, for the time being in

charge of a ship ;

Minister—the responsible Minister of the Government under

whose control the Department for the time being is placed ; Parcel—A package or parcel intended to be conveyed by means of the Postal Department, and posted or received by post at one place in Western Australia and addressed to some other place in or out of Western Australia ;

Postal Department,--The department under the control of the Postmaster General charged with the execution of the provisions of this Act relating to postal matters ;

Postmaster General—The officer acting as permanent head of

the Department immediately responsible to the Minister ;

Post Office—A house, building, room, van, carriage, place or structure where letters, packets, parcels, or newspapers are by permission or under the authority of the Postmaster General received, delivered, sorted or made up, or from which letters, packets, parcels, or newspapers are by the authority of the Postmaster General despatched, including a pillar-box or other receptacle provided by the Postmaster General, or with his sanction, for the reception of letters, packets, parcels, or newspapers for transmission ;

57 VICTORI2E. No. 5

The Post and Telegraph Act, 1893

Poundage—The fee payable in respect of the issue of a postal note, or any other postal document, proportional to the amount of such postal note or document ;

Prescribed—Prescribed by this Act or by Regulations ;

Regulations—Regulations made under this Act ;

Stamp—A stamp available for denoting fees or dues payable

under this Act, and the stamp impressed or printed on a post card, letter card, wrapper, envelope, or telegraph form ;

Telegram—A written, printed, or partly written or printed message or communication sent to or delivered at a telegraph office or post office for transmission by telegraph for delivery, or delivered from a telegraph office or post office as a message or communication transmitted by telegraph for delivery ;

Telegraph—A wire used for telegraphic or telephonic com- munication, including any casing, coating, tube, or pipe enclosing the same, and any posts, masts, or piers supporting the same, and any apparatus connected therewith, or any apparatus for transmitting messages or other communica- tions by means of electric signals ;

Telegraph Branch—The branch of the department under the

control of the Postmaster General charged with the

execution of the provisions of this Act relating to telegraphs ;

Telegraph Office—A house, building, room, or other place or

structure used or occupied, whether permanently or tempo-

rarily, by the permission or under the authority of the

Postmaster General, and under his control or under the

control of the Commissioner of Railways for Western

Australia, for the purposes of working a telegraph, or for

the receipt and delivery of telegrams ;

Town Letter, Packet, or Newspaper—A letter, packet, or news- paper posted at a post office for delivery at that post office, or at a place within the limits of the city or town as defined by the Postmaster General in which the post office is situate ;

The term The Department' includes the Postal Department, Telegraph Branch, and all other subdivisions constituted for a particular purpose.

The term Letter' includes a post card or letter card issued under the authority of the Minister.

The term Post ' includes any place on the coast within the limits of Western Australia, at which there is an officer of the Postal Department.

The term Postmaster ' includes an officer in charge of a

post office.

The Postmaster

General to have 5. The Postmaster General, by himself, or by his deputies and

the exclusive	their respective servants and agents, shall have the exclusive privilege
privilege of con-
veying letters	of conveying from one place to another all letters, and shall also
for hire or	have the exclusive privileges of performing all the incidental services
reward	of receiving, collecting, sending, despatching, and delivering such

57 VICTORLE. No. 5

The Post and Telegraph Act, 1893

letters : Provided always, that the said privileges shall not extend to Exceptions

any letter

(1) Exceeding the prescribed weight.

(2) Sent with and concerning goods to be delivered therewith.

(3) Sent by any person concerning his private affairs by any

special messenger.

(4) B0726 fide sent or carried, or in the course of being sent or carried, to or from the nearest post office.

Officers

6. The Governor in Council may appoint such officers as may be Appointment of

necessary for the administration of this Act, and may vest in the office" and servants as may appear expedient.

7. (1) Every person employed in the Postal Department shall, Deo„,tion by

before entering upon his duties, make a declaration in the form r os" officers	Schedule II
contained in the Second Schedule to this Act.

(2) Every person employed in the Telegraph Branch shall, Declaration by

before entering upon his duties, make a declaration in the form con-

tained in the Third Schedule to this Act.

Exemption from Tolls

8. No duty or toll under any Statute passed or to be passed Postal careers payable at or in respect of any pier, wharf, quay, landing place, free from"' bridge, or ferry, or at any turnpike gate or bar, or at any other

gate or bar on a public road shall be demanded or taken from or in

respect of

(1) Any person employed by or under the Minister to perform any duty of the Department.

(2) Any person engaged in the conveyance of mails. (3) Any vehicle or horse conveying mails or parcels. (4) Any telegraph messenger or line repairer when on duty.

(5) Any vehicle or horse used and employed by such telegraph messenger or line repairer in the performance of his respective duties.

PART II

THE REGULATION OP THE POSTAL DEPARTMENT

Arrangements and Contracts

9. The Governor in Council may make arrangements with the Postmaster General in the United Kingdom, or with the proper	Arrangements
may be made fee
inter-colonial
authorities of any British colony or possession, or of a foreign	and foreign
country, with respective to	mails

(1) The transmission by land or sea, or by both, of mails or parcels between Western Australia and the United Kingdom or the British colony, possession, or foreign country ;

57 VICTORDE. No. 5

The Post and Telegraph Act, 1893

(2) The appointment, determination, and collection of postage and fees or other dues upon letters, packets, newspapers, and parcels conveyed between Western Australia and the United Kingdom, or any such colony, possession, or country ;

(3) The division and mutual accounting for and payment of the moneys collected under any such arrangement ;

(4) The purposes above mentioned in the case of letters, packets, newspapers, and parcels transmitted through Western Australia for the United Kingdom, or any such colony, possession or country, to or from any part of the world;

(5) The prepayment (in full or otherwise) of the postage due on letters, packets, newspapers, or parcels ;

(0) The transmission to places out of Western Australia, free of postage, or upon such terms as to the amount of postage or fine to be collected and paid on delivery, and as to the application and payment thereof, as may be agreed upon, of letters, packets, newspapers, and parcels posted in Western Australia, or as to the collection, application, and payment of postage or fines on letters, packets, newspapers, and parcels received from places out of Western Australia in mails, or loose from masters of ships, on which no postage or insufficient postage has been paid ;

(7) The carriage and delivery of parcels.

Contracts for

10. The Minister, or any person authorised in that behalf by the Governor in Council, may enter into contracts, in writing, on behalf of Her Majesty, for or in respect of the carriage of mails by land or sea, and for the carriage and delivery of parcels, either for a fixed sum or for a sum depending on the number or weight of the letters, packets, newspapers, or parcels so carried, and may impose terms and con- ditions as to the vehicles and vessels to be employed, the times of their departure and arrival, and otherwise for securing the due, regular, and efficient performance of any contract.

conveyance of

Dies, Plates, etc.

The Minister

may provide

11. The Minister may from time to time provide proper and sufficient dies, plates, and other instruments for the purpose of carry- ing out the provisions of this Act, and also may use or cause to be used any die, plate, or other instrument already provided by the Government for similar purposes before the passing of this Act, and all stamps and impressions already made or hereafter to be made or impressed by or from any such last mentioned die, plate, or other instrument shall be valid and available for the purposes of this Act.

dies, plates, &c.

Postage Rates

Post cards and	12. The Minister may issue single post cards or letter cards bearing the prescribed postage stamp for transmission to any place in or out of Western Australia, and may also issue double or reply
letter cards

57 VICTORIIE. No. 5

The Post and Telegraph Act, 1893

post cards or letter cards bearing the prescribed postage stamp for transmission by post within Western Australia, and which may be returned by post to the sender from any post office in Western Australia.

13. Every letter, packet, and newspaper received by post from a Letters, &c., • place out of Western Australia shall be transmitted and delivered fg,ion„V at?: free of charge within Western Australia, except where it is necessary Colony

to collect the postage under an arrangement made as hereinbefore provided, and except where otherwise provided by this Act or by the Regulations, in which cases the postage and all other fees or dues, if any, upon the letter, packet, or newspaper shall be collected on or before delivery.

14. (1) If a town or inland letter, packet, or newspaper is posted Letters, a.,

without a stamp affixed, or with an insufficient stamp, it shall be PartiallY Prelzmi

regularly transmitted and delivered, but before delivery there shall be

paid double the prescribed postage omitted to be prepaid.

(2) If the person to whom the letter, packet, or newspaper is addressed refuses to pay such sum, or is dead, or cannot be found, the letter, packet, or newspaper shall be transmitted to the General Post Office, to be dealt with as hereinafter provided ; and

(3) If a foreign letter, packet, or newspaper is posted without a stamp affixed, or with an insufficient stamp, it shall, unless an arrangement has been made as hereinbefore provided with the Postal Authorities of the place to which it is directed for the collection and payment of the postage or fines thereon, be transmitted to the General Post Office, to be dealt with as hereinafter provided.

of the Government, or any other person authorised by the Minister, to letters, a. 15. It shall be lawful for the Governor, or a responsible Minister Power to frank

send, free of charge, letters, packets, newspapers, telegrams, or parcels from one part of the Colony to another, or to the United Kingdom, or to any other British colony or possession, or to a foreign country, with the proper authorities of which an arrangement has been made in this behalf by the Governor in Council : Provided that such letters, packets, newspapers, telegrams, or parcels be bona fide on the Public Service, and are sent in accordance with the conditions prescribed by the Regulations.

Newspapers

16. Any publication which in the opinion of the Minister comes Ne •speipers may

within the definition of a newspaper as defined by the Regulations bpii3re infeleotlbell

may, upon payment of the prescribed fee, be registered at the General prescribed fee places abroad, and unless so registered shall not be transmitted as a newspaper.

any publication containing seditious, blasphemous, or obscene words, register 17. The Postmaster General may refuse to transmit or deliver Removal from

and may revise the register of newspapers, and may, with the approval of the Minister in writing, remove therefrom any publica- tion a copy of which is posted as a newspaper and which is not a newspaper as defined by the Regulations, or a posted copy of which

57 VICTORLE. No. 5

The Post and Telegraph Act, 1893

contains seditious, blasphemous, or obscene words, and his decision

shall be final.

Consequence of 18. All unregistered or irregularly posted newspapers, and all

irregularity

newspapers having any matter which is not a supplement accom-

panying them, shall be treated as packets.

Parcels Post

Parcels may be 19. Subject to the Regulations any person may send by means of

sent by post

the Postal Department a parcel of the kind prescribed for delivery to

the person to whom the same is addressed :

Provided that the parcel post has been extended to the post office to or from which it is desired to send the parcel.

Postage Stamps

Postage stamps 20. The Minister may cause stamps denoting such sums as

to be made

may be prescribed to be made and sold to any person applying for

the same.

Postage to be

prepaid by

21. (1) Except where it is otherwise provided by this Act or by the Regulations, or by an arrangement made with the Postmaster General in the United Kingdom, or with the proper authorities of a British colony or possession, or of a foreign country, in manner hereinbefore mentioned, the postage upon every letter, packet, and newspaper, and all fees, if any thereon, shall be prepaid by affixing undef aced postage stamps.

stamps

(2) Postage on loose letters received from masters of vessels from places beyond the Colony may be collected on delivery.

certain cases

By money in

22. Notwithstanding the provisions of the last preceding section, when a postmaster has not postage stamps of the requisite value for sale, the postage and fees, if any, upon a letter, packet, or newspaper may be prepaid in coin.

Certain adhesive

23. (1) Any stamp duties chargeable under The Stamp Act, 1882,' (2) With a view to exhaust any adhesive postage stamps de- noting an amount not exceeding One shilling which may have been unissued or unused, such stamps to a proper amount may be used to denote any stamp duties chargeable as aforesaid, of an amount not exceeding Ono shilling, which may legally be denoted by adhesive stamps.

stamps inter-

obangeable for

of an amount not exceeding One shilling, which may legally be denoted

stamp duties

and postage dues

by adhesive stamps, and any postage fees or dues to the like amount,

may be denoted by the same adhesive stamps.

Registration

Registration	24. Subject to the conditions prescribed by the Regulations, a person who sends a letter, packet, or newspaper by post may have it registered at the post office, not being a receiving office only, where it is posted, upon payment of the prescribed fee.
Letters with
money, &e.,	25. (1) When it comes to the knowledge of a postmaster, or when not registered under this Act, contains coin, bank notes, jewellery, gems, watches, or any other valuable enclosure of the like kind, the postmaster may register it, and charge it with the fee prescribed.
must be	a postmaster has reasonable cause to believe that a letter or packet,
registered

57 VICTORLE. No. 5

The Post and Telegraph Act, 1893

(2) If the person to whom the letter or packet is addressed Penalty

refuses to accept it and pay the fee, the Postmaster General may charge the fee to the sender with the additional postage (if any) for re- directing and again forwarding by post the letter or packet, and the sender shall on demand pay the prescribed fee and postage, and in case of refusal shall be liable to a penalty not exceeding Two pounds in addition to the fee and postage.

(3) On payment of all amounts due, the letter or packet may be re-delivered to the sender.

Letters, &c., Unclaimed, Improperly Addressed, &o.

26. Every letter, packet, or newspaper received in a post office,— certain letters, & c., to b e dee med

(1) On which the postage stamps have been previously obli- pos ted in contra-

terated or defaced (unless the postage thereon has been iecuttion of this

prepaid in coin) ; or

(2) Which contains, or is reasonably suspected to contain, an article likely to injure any person or the other contents of a mail bag, or an enclosure contrary to the provisions of this Act or the Regulations, or of any other Act ; or

(3) Which, in the case of a letter, packet, or newspaper received from a place out of Western Australia, contains, or is reasonably suspected to contain, an enclosure upon which duties of Customs are payable ; or

(4) Which is posted contrary in any other way to the provisions

of this Act or the Regulations ; or

(5) Which bears a profane, obscene, or libellous address or sig-

nature ; or

(6) Which is prohibited by order of the Minister from being registered or delivered,

shall be deemed to be posted in contravention of this Act.

27. (1) Every letter, packet, or newspaper, cifitaterrasv'eaaTiL, of ,

(a) Which is without address or bears an illegible address ; or this Act, how	dealt with
(b) Which is posted or is reasonably suspected to be posted in

contravention of this Act ; or

(c) Which the person to whom it is addressed refuses to receive;

or

(d) Upon which any postage is payable by the person to whom it is addressed, and in respect of which such person refuses to pay the postage ;

shall be transmitted without delay by the postmaster receiving it to

the General Post Office.

(2) Every letter, packet, or newspaper supposed to contain duti- able articles may be dealt with in the prescribed manner.

28. (1) The Postmaster General or his officers may examine any rower to

newspaper or other printed paper or packet sent by post, not being eitaag",,e,,nr-

sealed or closed against inspection, and bearing less than the ordinary packets

VOL. W.

57 VICTORDE. No. 5

The Post and Telegraph Act, 1893

letter rate of postage, in order to discover whether it was posted in

conformity with this Act and the Regulations.

(2) The question whether a newspaper, printed paper, or packet is entitled to be so sent shall, if disputed, be referred to the Postmaster General for determination ; and his decision shall be final.

letters, c., how last preceding section mentioned) shall, if not delivered or claimed in	Une/aimed 29. (1) Letters, packets, and newspapers (other than those in the
letter with

s„

the meantime, be kept for delivery during the time prescribed at the

Post Office to which they are transmitted for delivery.

(2) After the expiration of such time the postmaster shall trans- mit to the General Post Office every letter, packet, and newspaper that has not been delivered.

Letters, &e., may	30. When a letter, packet, or parcel bears an endorsement by the
e returned to

sender if request sender to the effect that if the letter, packet, or parcel remains

endorsed thereo undelivered for a specified time, not being less than fourteen days, it n

may be returned to him at a specified address within Western Australia, or in a country with the Postal authorities of which an arrangement has been made for the collection and payment of postage ; then, unless the letter, packet, or parcel has been posted in contravention of this Act, the postmaster of the Post Office to which the letter, packet, or parcel has been transmitted for delivery shall, as soon as possible after the time so specified, return the same by post to the sender at the specified address.

31. (1) Telegrams, letters, packets, newspapers, and parcels sent

TeitersT' at

hotels,'if a- by post and addressed to a person at a house licensed under The

months to be

delivered for two Wines, Beer, and Spirit Sale Act, 1880,' or any Act amending pr in

returned to substitution for that Act, or at a house at which lodgers are received,

Dearest past	and which have been received by the owner, occupier, or manager of
Deice	ffleo

such a house within two months immediately preceding the commence- ment of this Act or at any time thereafter, shall be deemed to be under the control of the Postmaster General until delivered to the person to whom the same are addressed.

(2) If the same are not so delivered within two months after the receipt thereof by the owner, occupier, or manager, and if instruc- tions to the contrary are not received from the person to whom the same are addressed, they shall be returned to the nearest Post Office and thence transmitted to the General Post Office.

Penalty (3) Any owner, occupier, or manager of any such house who wilfully neglects or omits to return a telegram, letter, parcel, packet, or newspaper as aforesaid shall be liable to a penalty not exceeding Ten pounds.

Power to open Letters, &c.

How dead letters,

32. (1) Every letter or packet required to be transmitted to the

posted in Western Australia, or posted anywhere in contravention of

this Act, be opened in the manner prescribed.

atUeueral Post	lis"°'ea (If General Post Office under the provisions of this Act may, if originally
Office

(2) Every such letter and packet not originally posted in Western Australia shall, unless posted in contravention of this Act, be returned to the proper authorities in the colony, possession, or country where it was originally posted.

57 VICTORDE. No. 5

The Post and Telegraph Act, 1893

(3) Every newspaper required to be so transmitted may, wher- ever it was originally posted, be opened in the manner hereinafter mentioned.

33. (1) Every letter, packet, and newspaper opened under the Mode of opening

authority of this Act shall be opened at the General Post Office in the presence of not less than two officers of the Postal Department specially named for that purpose by the Postmaster General.

(2) Every officer shall, before he enters upon his duties in this

respect, make a declaration in the form contained in the Fourth Sche-

dule to this Act.

Schedule

(3) Any officer who acts contrary to the declaration shall be guilty of a misdemeanour, punishable by fine not exceeding One hundred pounds, or by imprisonment not exceeding Twelve calendar months, with or without hard labour.

34. The sender of a letter, packet, or newspaper opened under the provisions of this Act shall, on demand, pay the prescribed postage and

Sender of opened

letters, &c., to

pay postage

charges, if any, and in case of refusal shall be liable to a penalty not

exceeding Two pounds, together with the postage and charges.

When Letters, (te., may be Returned

35. Except where herein otherwise provided, a letter, packet, or newspaper shall not be destroyed or returned to the writer or sender

Letters, &c., not

to be returned

except in certain

without the consent in	writing
writin of the person to whom the same is c caws

addressed, or the direction ofMinister in writing ; and a letter, packet, or newspaper shall not, except as herein mentioned, be delivered to a person not named in the address without such consent or direction :

Provided that a letter or packet of an official character sent from a department of the Public Service may be returned by the authority of the Postmaster General.

Power to Refuse to Deliver Letters, de.

36. (1) The Minister, if he has reasonable ground to suppose a person, whether in or out of Western Australia, to be engaged

rower in certain

cases to refuse

to register or

(a) In receiving money or any valuable thing as consideration for an assurance or agreement, express or implied, to pay or give, or as consideration for securing the paying or giving by some other person of any money or valuable thing on an event or contingency of or relating to any horse race or other race, or any fight, game, sport, or exercise ; or	deliver letters,
(b) In promoting or carrying out a scheme connected with any such assurance, agreement, or security, or a lottery or scheme of chance or an unlawful game ; or
(e) In receiving money under pretence of foretelling future

events ; or

(d) In any fraudulent business or undertaking ;

may, by order under his hand, published in the Government Gazette,' direct that any letter, packet, newspaper, or parcel received at a post

57 VICTORI.E. No. 5

The Post and Telegraph Act, 1893

office, addressed to such person either by his own or a fictitious or assumed name, or to any address without a name, shall not be either registered, transmitted, or delivered to such person.

(2) The order shall specify such name or names, or address ; and shall, upon publication, be of full force and effect, notwithstanding anything contained in this Act or the Regulations, until cancelled by the Minister.

Letters, .teo	37. (1) Any letter, packet, newspaper, or parcel addressed to the person named in such order by such name or names, or to such address, if received at a post office, shall not be registered, trans- mitted, or delivered to such person or at such address, but shall be forthwith transmitted to the General Post Office, to be dealt with in the manner prescribed.
such cases, how
daolt with

Money orders (2) Money orders shall not be issded in favour of any person

may be refused with respect to whom any such order is made, and a money order

shall not be paid to any such person.

Heavy letters,	38. A postmaster may refuse to receive or transmit by post any of inconvenient form or dimensions, or containing or reasonably sus- pected to contain, an article likely to injure any person or the other contents of the mail-bags.
&c., may be
refused trans-	letter, card, packet, or newspaper exceeding the prescribed weight, or
mission

Delivery of Letters, &c.

Delivery at post 39. (1) The transmission of a letter, packet, or newspaper addressed

town. or at	named, or at lastto a person in Western Australia to the post office of the post town to
known residence which it is directed, or if not so directed, then to the post town nearest
sufficient to the address named, shall be sufficient delivery under this Act.

(2) When delivery by letter carriers is provided, delivery according to the address, or at the last known place of residence of the person named in the address, shall be sufficient delivery to such person unless he by written notice to the Postmaster General has prohibited such delivery.

Despatch and de- 40. When the despatch or delivery of letters from a post office

may be delayed book packets, pattern or sample packets, post cards, letter cards, news- Imcke", would be delayed by the despatch or delivery at the same time of

papers, or parcels, the latter or any of them may, subject to Regula- tions, be detained in the post office until the despatch or delivery next following.

Evidence

41. In any action or other proceeding for the recovery of any postage or fee prescribed in respect of a letter, packet, or newspaper

Who deemed to	(1) The person from whom the letter, packet, or newspaper thereof, and the burthen of proving that the letter, packet, or newspaper did not come from, or was not sent by him, shall rest on the person proceeded against ;
be the sender

of a letter or	purports to have come shall be deemed the sender
packet

Post Office stamp	(2) The post office stamp or superscription denoting that the letter, packet, or newspaper has been refused, or that the person to whom the letter, packet or newspaper is
evidence of re-
fusal of letter, &e.

57 VICTORDE. No. 5

The Post and Telegraph Act, 1893

addressed is dead or cannot be found, shall be prima facie evidence of the refusal thereof, or that such person is dead or cannot be found ;

(3) The post office stamp or superscription thereon denoting the postage or fee shall be conclusive evidence of the

Poit Office stomp

evidence of lid-

Idlicy to postage

liability of the letter, packet, or newspaper to the postage or fee, and that the sum stamped or superscribed there- upon is payable in respect thereof.

42. In any action or other proceeding, every mail-bag, mail-box, Mod hi charge mail-parcel, parcel post, letter, packet, newspaper, or parcel in charge Vtit,',',',"en, of or being carried by a postmaster, postman, mailman, mail-driver, be by post

officer, or servant of the Postal Department, or other person employed by or under the Minister, shall, until the contrary is proved, be deemed to be in course of being sent by post.

Power to Destroy Books, &c.

such manner as he thinks fit, of books of record, telegraph messages, Ireland thou. 43. (1) The Postmaster General may order the destruction, in Power to destroy

telegraph tape, letter bills, registered letter receipts, money orders, returns, requisitions, orders for delivery of letters, or letters to the Department, or other documents, or the butts thereof, provided that the same have not been printed, written, or prepared within the period of two years before the date of the order.

(2) An action shall not be maintainable against Her Majesty or the Minister or any officer of the Department by reason of an3thing done under any such order.

PART III

CONVEYANCE OF MAILs

44. (1) In every ship by which mails are conveyed under contract In vessels con-

a suitable locker or other secureplace shall be provided in which jrott to be

mails, letters, packets, newspapers, and parcels shall be locked up and Provided

carried apart from all other articles and things.

(2) Every such contract shall be deemed to contain a stipu- Penally

lation that if such locker or place is not provided, or if the mails or any letter, packet, newspaper, or parcel are carried in a ship during the whole or a part of the voyage otherwise than in the locker or place, the master shall be liable to a penalty not exceeding Fifty pounds.

45. (1) All mails and every loose letter, packet, newspaper, or Delivery of sip parcel on board of a ship at the time of her arrival within a port in lonta,l.letTp"'"1 Western Australia, directed to a person in Western Australia, except

letters concerning goods on board the ship and to be delivered with the goods, or containing a deed, commission, writ or affidavit, or sent by way of introduction only, or concerning the bearer's private affairs, shall be forthwith delivered at the wharf nearest to the post office by the master to the postmaster, or a port officer or Customs officer of the port, or to any person duly authorised by writing under the hand of the Postmaster General,

57 VICTORIIE. No. 5

The Post and Telegraph Act, 1893

Penalty

(2) Any master who (except as aforesaid) knowingly or negli- gently detains, keeps in his possession, or neglects, or refuses to deliver, a mail-bag, mail-box, or mail-parcel, or a letter, packet, newspaper, or parcel, shall be liable to a penalty not exceeding One hundred pounds.

Declaration by

masters on

46. (1) A master arriving at a port in Western Australia shall, as (2) The postmaster shall thereupon grant a certificate under his hand of the making of the declaration, and until the certificate has been delivered to the proper officer of Customs at the port he shall not permit the ship to report.

arrival

soon as practicable after arrival, sign, in the presence of the post-

Sebednie

master at the port, town, or place nearest thereto, a declaration in the

form contained in the Fifth Schedule to this Act.

Penalty.

(3) Any master who fails or refuses to make the declaration, or who makes a false declaration, shall be liable to a penalty not exceeding One hundred pounds.

Mails to be taken 47. (1) Any master about to depart from a port within Western

in vssels e out.

ward bound and Australia to a port or place within or beyond Western Australia may coastwise be required by an officer of the Postal Department, or by a port

officer or Customs officer, or other person duly authorised as herein mentioned, to receive, or take on board the ship, at the wharf nearest to the post-office, any mail-bag, mail-box, or mail-parcel, and he shall, in such case, give a receipt for such bag, box, or parcel to the person tendering or delivering the same, and shall carefully deposit the bag, box, or parcel in some secure and dry place on board of the ship, and convey the same upon her then intended voyage.

Penalty	(2) Any person in any respect offending against the provisions of this section shall be liable, for every such offence, to a penalty not exceeding One hundred pounds.
Payment to	48. (1) A master about to depart, as in the last preceding sec- tion mentioned, who receives on board a mail-bag, mail-box, or mail- parcel, for the purpose of conveying the same according to the direc- tion thereof, shall, upon giving a receipt therefor, be entitled to receive for carriage such sum as may be prescribed by the regula- tions, not being less than one half-penny for every letter, and the receipt shall be a sufficient voucher for the payment, and the same shall be allowed in the account of the person making the payment accordingly.
masters
(2) When mails are brought from one port to another, and transhipped or forwarded by a second ship belonging to the same owner, payment shall not be made on account of the second con- veyance.
(3) A master carrying mails under a contract shall not be entitled to any payment under this section.
Non-delivery a	49. Any master who has received a mail-bag, mail-box, or mail- omits to deliver the same at such port or place, or who passes such port or place in the course of his intended voyage without calling thereat and delivering such mail-bag, mail-box, or mail-parcel, shall,
carrying mails
past port of	parcel for delivery at any specified port or place, and who neglects or
destination

57 VICTORIN. No. 5 The Post and Telegraph Act, 1893

unless such default be satisfactorily accounted to the satisfaction of the Postmaster General, be liable to a penalty of not less than Ten pounds or more than One hundred pounds.

50. Payment shall not be made to a master arriving from a port or Master arriving

place beyond Western Australia for the conveyance of a mail-bag,frerecloz

mail-box, or mail-parcel, on which payments have already been made nbeoetatopageS

at the port of departure.

51. (1) A master of a ship not carrying mails under a contract, Notice of depar. whichis about to depart from a port within Western Australia to a ati,T,folptoestied port or place beyond Western Australia, shall, before the clearance of aePartare

the ship, give to the postmaster at the port from which the ship is about to depart not less than twenty-four hours' notice in writing of her intended hour of departure, but any such postmaster may waive such notice and accept notice for a shorter period.

(2) A master of a ship not carrying mails under a contract, which is about to depart from a port within Western Australia to another port or place within Western Australia, shall, before the clearance of the ship, give to the postmaster at the port from which the ship is about to depart not less than six hours' notice in writing of her intended hour of departure : Provided that a shorter notice may be prescribed in any case or special class of cases.

(3) Every notice shall commence and expire between the hours of nine o'clock in the forenoon and five o'clock in the afternoon.

(4) Any master who refuses or omits to give the notice herein Penalty

required, or who departs from the port before the expiration of the time mentioned in the notice, shall be liable for every such offence to a penalty not exceeding Fifty pounds.

52. (1) When a master has received a mail-bag, mail-box, or Duty of na:ler

mail-parcel on board for carriage, and the ship does not depart on her 'n'ohtels;eliTierit,eis voyage according to the time fixed for departure or within two hours pursuantio thereof, the master shall forthwith give notice to the postmaster of "'ice

the delay, and shall, on demand, return the mails and the gratuity or payment which has been paid for carriage to the postmaster, or to some port officer or Customs officer of the port, or some other person duly authorised in that behalf in writing under the hand of the Postmaster General.

(2) Any person offending against the provisions of this section Penalty

shall be liable to a penalty not exceeding Fifty pounds.

PART IV

MONEY ORDERS AND POSTAL NOTES

53. (1) The Governor in Council may make arrangements with Arrangements

the Postmaster General in the United Kingdom, or with the proper afrit,(0)1,'V„nalteir:

authorities of any British colony or possession, or of a foreign

country for the issue and payment, by means of the Postal Depart-

ment, of money orders and postal notes between Western Australia

and the United Kingdom, or such colony, possession, or country, and

57 VICTORI.E. No. 5

The Post and Telegraph Act, 1893

for the accounting for and transmission of moneys required for that

purpose.

(2) The Governor in Council may also make arrangements for the issue and payment by means of the Postal Department of money orders and postal notes within Western Australia, and for the accounting for and transmission of moneys required for that purpose.

When amount

54. (1) The Minister may authorise the repayment of the amount

executors or administrators, whether the money order remains or is in

his or their possession or not.

of money order

s

may be rended or a money order to the person to whom it was granted, or his fu

(2) Upon the repayment, all liability, if any, of Her Majesty, in respect of the money order, or the issue or repayment of the amount. thereof, shall cease and determine.

Postal notes to 55. A postal note shall be deemed a valuable security within the

valuable securitymeaning of any Act for the time being in force relating to larceny,	be deemed
and public money and the prosecution for, and punishment of, those offences re-

spectively ; and an unissued postal note shall be deemed public

moneys.

PART V

ELECTRIC TELEGRAPHS

Postmaster	56. The Postmaster General, or any person authorised in that
General may

contract for

behalf by the Governor in Council, may enter into a contract with any

construction of

telegraph lines

other person for the construction and maintenance of any line of

telegraph by such person for Her Majesty or for his own use.

to be subject to

Telegraph lines 57. Every line of telegraph constructed or to be constructed in

this Act	Western Australia shall be subject to the provisions of this Act and the Regulations.
entemd and
Lands may be	58. Any person acting under the authority of the Postmaster General may, for the purposes of this Act, enter upon any land and survey and take levels thereof, and dig, fell, remove, and carry away from the land any earth, stone, gravel, sand, or other soil, or timber or trees required to be used in constructing or maintaining a telegraph line, or the works connected therewith.
surveyed, de.
Works to be
made On any	59. A person so authorised may cause to be set or opened up or laid down and maintained a teleraph, or any works necessary for the a
land, de.
purposes of this part of this Act, upon, under, or through any land, or any shore of the sea, road, stream, or water, and may break, excavate, and remove any soil to the extent and depth required for placing or removing the works :
Provided that every wire or cord crossing a road or water above the surface shall be at least eighteen feet from the surface, and that the free use of any land, shore, road, or water shall not be obstructed more than is necessary for the purposes of this Act.
Wires, de., may
be affixed to	60. A person so authorised may, whenever it is necessary for continuing or completing a telegraph line, cause a wire or cord to be supported by affixing or annexing the same to, upon, or against any
buildings

VICTORDE. No. 5

The Post and Telegraph Act, 1893

part of a house, building, or other structure, in a city, town, or

village :

Provided that the wire or cord is eighteen feet at the least from the surface of the earth on which the house, building, or other structure is situate.

61. (1) The Postmaster General may require any trees and under- wood standing within thirty-three feet on either side of a telegraph

Trees within

thirty-three feet

of line to be

line, and not being within the curtilage of a house, or within a garden,

removed

lawn, yard, court, park, plantation, orchard, planted walk, avenue, or

nursery for trees, to be cut down.

(2) In any such case the proprietor of the land upon which the trees and underwood are situate may himself cut them, but if he does not do so, any person acting under the authority of the Postmaster General may enter upon the land and cause the trees and underwood to be cut, and this Act shall be sufficient to indemnify such person and his servants, agents, and workmen, and all other persons whomso- ever, for what he or any of them does by virtue of the powers herein contained.

place and maintain any lines or pipes, or tubes for purposes of tele- or der streets 62. The Postmaster General or a person authorised by him may Laying lines

graphic, telephonic, or pneumatic communication or despatch, under a street or public road, and may alter or remove the same, and for such purposes may break up a street or public road and alter the position thereunder of any pipe, not being a main, for the supply of water or gas.

63. (1) Where subsequently to the erection of a line of telegraph, Free access to

whether erected before or after the passing of this Act, a fence is 11:rPtelfeVatr of erected crossing the line of direction of such line of telegraph, the line of telegiwph owner of such fence shall, on the demand of the Postmaster General

in writing, and at the expense of the Postmaster General, cause a gate or slip-rails to be put up in such fence at the point of intersection to admit the passage at all times of any vehicle used in the repair of such line of telegraph.

(2) Any person being employed in the repair of a line of telegraph, if such demand as aforesaid has not been complied with within fourteen days after such demand, may remove, cut down, or otherwise break through such fence as aforesaid.

(3) Where previously to the erection of a line of telegraph a fence has been erected, which is subsequently crossed by a line of telegraph, the person causing the erection of such line of telegraph may, if authorised by the Postmaster General in writing, cause a gate to be put up in the manner aforesaid, and shall give to the owner of such fence seven days' notice in writing of his intention to do so.

(4) The owner, within the meaning of this section, shall include the person in occupation of the lands on which the fence is erected.

damage as possible shall be done, and the Postmaster General shall tocompensation 64. (1) In the exercise of the powers conferred by this Act, as little Provision as

make adequate compensation to all persons interested, for any damages

sustained by them by reason of the exercise of such powers.

57 VICTORI/E. No. 5

The Post and Telegraph Act, 1898

(2) The compensation, if the amount cannot be otherwise agreed upon, shall be settled by two or more Justices of the Peace in petty sessions assembled, at a hearing of which fourteen days' notice at the least shall have been given by the person claiming such com- pensation to the Postmaster General, and on the appearance of the Postmaster General or some person on his behalf, or otherwise upon proof of the service of such notice, such Justices of the Peace may hear and determine the claim and settle and award the amount of compensation (if any) to be allowed to such claimant, which amount shall be paid by the Colonial Treasurer out of the Consolidated Revenue Fund within one month after the amount payable shall have been determined.

(3) Provided always, that nothing in this Act relating to tele- graphs shall in any way affect the rights of the Crown in or over or in respect of any land in this Colony.

Postmaster	65. The Postmaster General by himself or by his deputies, and his
General to have

exclusive rights

and their respective servants and agents, shall from and after the

in respect of

passing of this Act have the exclusive privilege of transmitting any

telegraphs

message or other communication by a telegraph within Western Australia except as hereinafter provided, and shall also within Western Australia have the exclusive privilege of performing all the incidental sources of receiving,ivimr, collecting, or delivering such messages or com- munications except as hereinafter provided.

Erection of

66. The Governor in Council may authorise the erection and working of private lines for telegraph purposes and the performance of all the incidental services of receiving, collecting, or delivering messages and communications in connection therewith.

private lines

Provided that the granting of the authority shall not render

Her Majesty, Her heirs and successors, liable for any damages which

may be incurred through the erection, working, or otherwise of the lines.

postmaster 67. (1) If the Postmaster General enters into an agreement with a

make ana 0„„„/ person in accordance with the Regulations for the construction and	General may
agreements for maintenance of a line of telegraph by any person for his own use, or
private lines

for the exclusive use of any existing line by any person, and such person fails to pay the rent or charges according to the terms of his agreement, or commits a breach of any of the conditions of the agree- ment, the Postmaster General may, by notice to such person, cancel the agreement, and take possession of the lino in respect of which the agreement was made, and prevent the further use thereof by such person.

(2) Such person shall not be entitled to any compensation for loss arising through the exercise by the Postmaster General of the powers herein contained.

PART VI

REGULATIONS AND BY-LAWS

Power to make

regulations 68. The governor in Council may from time to time make, alter, and revoke regulations for the following purposes or any of them :-

Officers	(1) Prescribing and defining the duties of all officers and persons employed in the department :
57 VICTORI.E. No. 5

The Post and Telegraph Act, 1893

(2) Prescribing the maximum weight of and fixing and Rates of postage

altering the rates of postage to be charged on letters, packets, and newspapers posted within Western Aus- tralia :

(3) Prescribing that a reduced rate of postage may be charged upon letters forwarded by or addressed to seamen on

Postage on

letters, of sailors,

soldiers, St.

actual service in Her Majesty's Navy, or in the Marine Defence Force of any of the Australasian Colonies, or to non-commissioned officers or men on actual service in Her Majesty's regular forces or in the Permanent Land Force of any of the Australasian Colonies, and the conditions under which such letters may be transmitted through the post at such reduced rate.

(4) Prescribing the rates of postage to be charged and collected upon letters, packets, and newspapers, received Postage to be

cwrstcilbc°•1.1

by post from places out of Western Australia : from abroad

(5) Prescribing in what cases, if any, postage shall be charged and collected upon letters, packets, and newspapers,	charged forPostage to be
re.directiol
requiring to be re-directed and again forwarded by post : (6) Prescribing the conditions to be observed by the persons	Conditions to be
observed in

authorised by this Act to send letters, packets, news-	franking
papers, telegrams, or parcels free of charge :

(7) Defining what publications shall be deemed to be news- papers, and prescribin.a the conditions under which	Newspapers tobe defined, and
bow to he sent

newspapers may be sent:

(8) Prescribing what newspapers and public documents and other particular class of mail matter may be transmitted	What news,
papers, &e., may
be sent free

by post free of charge, and the manner and conditions

of such transmission :

(9) Defining and classifying packets, and directing what Defining packets

packets may be sent by post as town, inland, and foreign packets, within the meaning of this Act, and the terms and conditions upon which the same may be sent :

(10) Prescribing what parcels may be carried or conveyed by means of the Department, and the weight, contents,	What parcels
may be carded.

mode of packing, receipt, and despatch of the parcels :

(11) Prescribing what kinds of parcels shall not be carried or conveyed by the department, and providing for the sale	What parcels
shall not be
carried

or other disposal or destruction of any parcel which is

prohibited from being so carried or conveyed :

(12) Prescribing the conditions, prohibitions, and restrictions under which parcels are to be received, transmitted,	Conditions as to
small parcels

delivered, returned to the senders, or otherwise disposed

of :

(13) Prescribing forms of declaration to be made by any person Pared rate

or his agent desiring to transmit or receive a parcel, and fixing the rate of fees to be charged for the trans- mission, delivery, return, insurance, or registration of parcels :

57 VICTORDE. No. 5

The Post and Telegraph Act, 1893

Mode of payment

of rates	(14) Prescribing the term and manner in which such rates or fees are to be paid, and the arrangements as to the collection of any duties of Customs, or any duties or fees other than the rates or fees payable for transmission, delivery, insurance, or registration payable in respect of a parcel :
Forfeiture and	(15) Providing for the forfeiture and sale, or for the forfeiture and destruction, of undelivered or unclaimed parcels, and the mode and terms upon which the same shall respectively be carried into effect :
sale of parcels
Fees in addition	(16) Imposing fees to be paid upon letters, newspapers, and packets registered under this Act, or posted after the time appointed by the Postmaster General for closing the mails :
to postage
Conditions of	(17) Prescribing the conditions under which and subject to

registration

which letters, packets, and newspapers may be regis-

tered :

Private boxes,

ibc,	(18) Providing for private boxes and private bags, and pre- scribing the fees to be payable therefor :
Registration of
newspapers	(19) Prescribing the mode and form of registering and can- celling the registration of newspapers, and the fees payable in respect thereof :
Complaints, bow	(20) Prescribing the manner in which complaints or inquiries

to be made

are to be made concerning letters, packets, newspapers,

and parcels lost or delayed in transmission :

Duration of	(21) Prescribing the time during which undelivered and undirected letters, packets, and newspapers shall be retained at the Post Office to which they are sent for delivery :
attention of
letters, &c.
Disposal	(22) Prescribing the manner and conditions of the disposal of all letters and packets opened under the provisions of this Act, and the sale, destruction, or other disposal, and the manner and conditions of such sale, destruction or other disposal of all newspapers opened under the provisions of this Act, and of all enclosures contained in any letter, packet, or newspaper opened under the provisions of this Act, and prescribing the fee, if any, to be charged for returning any letter, packet, newspaper, or enclosure as aforesaid to the original sender thereof :
of opened
letters, sc.
Sale of stamps	(23) Prescribing the form of and the mode of issuing licenses for the sale of stamps by postmasters and others, and the commission to be allowed thereon :
Defacing stamps	(24) Prescribing the mode of defacing stamps on letters, packets, and newspapers ;
Letters, &o., con-	(25) Prescribing the mode of dealing with letters, packets,
taining dutiable

articles

newspapers, or parcels supposed to contain dutiable

articles :

Sale or destruc.	(26) Prescribing the mode of sale or destruction of undelivered
tion of news-

papers newspapers :

57 VICTORDE. No. 5

The Post and Telegraph Act, 1893

(27) Defining and classifying foreign and intercolonial news- As to foreign

papers and prescribing the terms and conditions upon newspapers

which the same may be received into Western Aus-

tralia, or posted therein :

(28) Prescribing the rate of remuneration to be received by a master required under the provisions of this Act to	Remuneration for compulsory
carriage of mails

carry mails :

(29) Prescribing the conditions under which and the persons Money orders

by or through whom, and the places where, and the times when, and the manner and form in which, and the amount for which money orders shall be issued, and the amount of fees payable in respect of such issue, and the persons in favour of whom, and the places where, and the times when, and the manner and form in which money orders shall be paid, and the length of time during which they shall be current and after which they shall become void, and the mode of forwarding messages or advices, of transmitting moneys, and of managing credits, accounts, and other matters and things necessary to be forwarded, transmitted, or managed in reference to money orders, whereby the public may be enabled promptly and safely to remit small sums of money through the department :

M) Prescribing the conditions relating to the issue, payment, Postal notes

and cancellation of postal notes, and the amount for which the same shall be issued, and the fee or com- mission to be charged for issuing the same proportional to such amount :

(31) Prescribing the terms and conditions on which agreements Televault lines	may be made by the Postmaster General with any for private use
person for the construction and maintenance of a tele- graph or telephone line for the exclusive use of such person, or for granting the exclusive use of any existing line to any person, and prescribing the scale and times and manner of payment, in advance or otherwise, of the rent and charges to be paid by such person as the con- sideration for the agreement :

(32) Fixing the fees, rates, and dues to be received for the Rules and fees transmission and delivery of any telegram or telephonic gt,?,.,1371' message by any Government or other telegraph erected

under the provisions of this Act, and for copies of any such telegram or message, prescribing the time, manner, and place at or in which the payment of all such fees, rates, and dues are to be made ; and pro- viding for the recovery of such fees, rates and duties, and imposing penalties for non-payment thereof, and generally for the management, working, and mainte- nance of such telegraphs :

(33) Prescribing that certain telegrams shall have preference Order of trans- ttr aS Smi O s I 1 of tole-

in the order of transmission :

57 VICTORLE. No. 5

The Post and Telegraph Act, 1893

Contents of	(34) Prescribing that telegrams containing seditious, blas- phemous, obscene, or scandalous matter, or being in any other way offensive, shall not be transmitted or received ; and prescribing the manner in which such telegrams shall be dealt with :
telegrams
General	(35) All other matters and things which may be necessary for the efficient administration of this Act.
Regulations	Such Regulations, not being contrary to the provisions of this

when published Act, shall, when published in the Government Gazette,' have the

in ' Government

Gazette' to have force of law, and the production of the Gazette ' containing a attle:If: w, a Regulation shall be sufficient evidence of the due making of the

beige Parlia-	Regulation, and prima facie evidence that it is still in force. Copies
meat	of all Regulations made under this Act shall be laid before Parlia- ment within fourteen days from the making thereof, if Parliament is then sitting, and if not, then within fourteen days after the com- mencement of the next Session thereof.

Present Regina- 69. The Regulations and Forms in force at the passing of this Act,

dons to mmain except where they are inconsistent with this Act, shall continue to be

in kayo until

rescinded in force unless and until rescinded by the Governor in Council.

Power to make 70. When by any Act provision is made for the transmission

reguiati°"' 1" certain cases in by post, free of charge or at a reduced rate, of any forms, returns,

pursuance of notices, voting-papers, or other documents, the Postmaster General

a= l till may make such special regulations in respect thereof as may be

consistent with the intention of such Act in relation to such provisions.

Power to make 71. The Minister may make by-laws for the preservation of all by-laws buildings in the occupation of the department, and of all goods

being the property of Her Majesty, used by or in possession of the department, and for regulating the conduct of all persons entering, or being within, or leaving the said buildings, and for the prevention of any nuisance or act, or other matter or thing likely to cause inconvenience to the public or officers of the department within such buildings, and for the prevention of persons loitering within or about such buildings or the premises of a post office. And such by-laws shall state a maximum penalty for any neglect or breach thereof respectively, provided such maximum penalty shall not exceed the sum of Ten pounds, and when published in the Government Gazette' shall have the force of law.

PART VII

OFFENCES AND LEGAL PROCEEDINGS

Penalty for re-	72. Any postmaster, port officer, officer of Customs, master of a ship, or person duly authorised to receive or despatch a mail or any letter, packet, newspaper, or parcel, who neglects or fails to despatch, or retards the despatch of any mail-bag, mail-box, mail-parcel, letter, packet, newspaper, or parcel sent by post, shall be liable to a penalty not exceeding One hundred pounds.
tarding delivery
of mails

Conveying of	73. (1) No letter shall be sent or carried for hire or reward
letters otherwise

than by post otherwise than by post.

57 VICTOBLE. No. 5

The Pest and Telegraph Act, 1893

Any person who, for hire or reward,

(a) Sends or conveys, or causes to be sent or conveyed, any letter otherwise than by post ; or

(b) Takes charge of a letter for such conveyance,

shall be liable for every offence to a penalty of not less than Five

pounds nor more than Fifty pounds.

(2) Every letter sent or conveyed, or caused to be sent or E ideace

conveyed, or taken charge of to be conveyed otherwise than by post, shall be deemed to have been sent or conveyed or caused to be sent or conveyed or taken charge of for hire or reward, unless the contrary is shown by the defendant.

(3) Provided always, that the provisions of this section shall Exceptions

not apply to any letter to which the exclusive privilege, vested in the Postmaster General and his deputies or their respective servants and agents, of conveying letters from one place to another does not extend.

74. (1) Any person shall be deemed to have committed an offence, punishable as hereinafter mentioned, who :

fraudulently

Forging or

using or possess

ing dies or

L (a) Forges or counterfeits ; or /Antes

(b) Causes or procures to be forged or counterfeited ;

Any die, plate, or other instrument, or any part of any die, plate, or other instrument which has been or shall or may be provided, made or used by or under the direction of any competent person, authority, department or Government in or of Western Australia, or the United Kingdom or any of its dependencies, India, or any foreign country or State for the purpose of expressing or denoting any rate or duty of postage or any poundage ;

Or any die, plate, or other instrument, or any part of any die, plate, or other instrument appearing on the face thereof, or purporting to have been provided, made, or used by or under such directions as aforesaid for the purpose aforesaid.

ii. (a) Forges, counterfeits, or imitates ; or (b) Causes or procures to be forged, counterfeited, or

imitated :

The stamp, mark, or impression, or any part of the stamp, mark, or impression of any such die, plate, or other instrument which has been or shall or may be so provided, made or used as aforesaid upon any paper or other substance or material whatever.

In. Knowingly and without lawful excuse (the proof whereof shall he on the person accused)

(a) Has in his possession ; or

57 VICTORIE. No. 5

The Post and Telegraph Act, 1893

(b) Sells, purchases, disposes of, or receives

Any false, forged or counterfeited die, plate, or other instrument, or part of any such die, plate, or other instrument resembling or intended to resemble either wholly or in part any die, plate, or other instrument which has been or shall or may be so provided, made, or used as aforesaid ;

iv, (a) Stamps or marks ; or

(b) Causes or procures to be stamped or marked any paper or other substance or material whatsoever with any such false, forged, or counterfeited die, plate, or other instrument or part of any such die, plate, or other instrument as aforesaid.

v. (a) Uses, utters, sells, exposes to sale ; or (b) Causes or procures to be used, uttered, sold, or exposed

to sale ; or

(c) Knowingly and without lawful excuse (the proof whereof

shall be on the person accused) has in his possession :

Any paper or other substance or material having

thereon the impression or any part of the impres-

sion of any such false, forged, or counterfeited

die, plate, or other instrument or part of any such

die, plate, or other instrument as aforesaid ; or

Having thereon :

Any false, forged, or counterfeit stamp or impression resembling or representing either wholly or in part, or intended or liable to pass or be mis- taken for the stamp, mark, or impression of any such die, plate, or other instrument which has been or shall or may be so provided, made, or used as aforesaid, knowing such false, forged, or counterfeit stamp, mark, or impression to be false, forged, or counterfeited.

VI. With evil intent :

(a) Privately or fraudulently uses ; or

(b) Causes or procures to be privately or fraudulently used :

Any die, plate, or other instrument so provided, made, or used, or hereafter to be provided, made, or used as aforesaid ;

VII. With evil intent, privately, or fraudulently :

(a) Stamps or marks ; or

(b) Causes or procures to be stamped or marked ;

Any paper or other substance or material what- soever with any such die, plate, or other instru- ment as last aforesaid ;

via. Knowingly, and without lawful excuse (the proof whereof

shall lie on the person accused), has in his possession

57 VICTORIE. No. 5

The Past and Telegraph Act, 1893

any paper or other substance or material so privately

or fraudulently stamped or marked as aforesaid.

(2) And every person knowingly and wilfully aiding, abetting, or assisting any person in committing any of the offences aforesaid, and being thereof lawfully convicted, shall be judged guilty of felony, and shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding seven years, or be imprisoned for a term not exceeding two years, with or without hard labour, as the Court shall award.

75. Any person who

Atlising stamps

already used,

(1) Fraudulently :

and otherwise

evading postage

(a) Gets off or removes ; or

(b) Causes or procures to be gotten off or removed from

any letter or cover, or any paper or other substance or material, the stamp or impression of any die, plate or other instrument so provided, made, or used, or hereafter to be provided, made, or used as afore- said, with intent to use, join, fix or place such stamp or impression for, with, or upon any other letter, cover, paper, or other substance or material.

(2) Fraudulently uses, joins, fixes or places for, with, or upon any letter, or cover or any paper or other substance or material any such stamp or impression as aforesaid, which shall have been gotten off or removed from any other letter, cover, paper, or other substance or material.

(3) Fraudulently :

(a) Erases, cuts, scrapes, discharges, or gets out of or from ;

or

(b) Causes or procures to be so erased, cut, scraped, dis-

charged, or gotten out of or from

Any letter or cover or any paper or other substance or material any name, date, or other matter or thing thereon written, printed, or expressed, with intent to use any stamp or mark then impressed or being upon such letter or cover paper, or other substance or material, or that the same may be used for any fraudulent purpose.

(4) Makes, does, or practises or is concerned in any other fraudulent act, contrivance, or device whatsoever not specially provided for by this or some other Act, for any fraudulent purpose, shall upon summary conviction thereof before two or more Justices of the Peace be liable to a fine or forfeit of any sum not exceeding Twenty pounds.

76. Any person who, without lawful authority or excuse (the proof whereof shall be on the person charged),

(1) Makes, or causes or procures to be made, or

(2) Aids or assists in making, or

VOL. III.

57 VICTORIES. No. 5

The Post and Telegraph Act, .1893

Unlawful	(3) Knowingly has in his custody or possession,
poeseoion of

moulds for	(a) Any mould, frame, or other instrument having thereon peculiar to and appearing in the substance of any paper provided or to be provided or used for postage stamps or postal notes by or under the direction of any competent person, authority, department or Govern- ment in or of Western Australia or the United Kingdom or any of its Dependencies, India, or any foreign country or State, or
making postage.
stamp or postal-	any words, letters, figures, marks, lines, or devices (b) Any paper in the substance of which appear any words, letters, figures, marks, lines, or devices peculiar to and appearing in the substance of any paper provided or to be provided by or under the direction aforesaid or used for postage stamps or postal notes, or any part of such letters, words, figures, marks, lines, or devices, and intended to imitate the same, or
note paper

(4) Causes or assists in causing any such words, letters, figures, marks, lines, or devices intended to imitate those so provided, or to be provided or used as aforesaid, to appear in the substance of any paper whatsoever,

shall be guilty of felony, and shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding seven years, or be imprisoned for a term not exceeding two years, with or without hard labour.

Illegal pos$e:sion 77. Any person who, without lawful authority or excuse (the proof

of postage-stamp whereof shall be on the person charged),	or postal-note
paper (1) Sells, purchases, disposes of, or receives, or (2) Knowingly has in his custody or possession,

Any paper provided by or under the direction of any competent person, authority, department, or Govern- ment in or of Western Australia, or the United Kingdom, or any of its Dependencies, India, or any foreign country or State, for the purposes of being used for postage stamps or postal notes before the same has been lawfully issued for public use,

shall be guilty of a misdemeanour, and shall be liable to imprison- ment, with or without hard labour, for any term not exceeding two years.

Forgery of 78. Any person who, with intent to defraud, obliterates, adds to, or

trossingol postal alters any such lines or words on a postal note issued under this Act note

as would, in the case of a cheque, be a crossing of that cheque, or knowingly offers, utters, or disposes of any postal note with such fraudulent obliteration, addition, or alteration, shall be guilty of felony, and be liable to the like punishment as if such postal note were a cheque : Provided always, that any banker, or corporation or company acting as bankers in Western Australia, who, in collecting in such capacity for any principal, shall have received payment, or been allowed by the Postmaster General in account in respect of any

57 VICTORLE. No. 5

The Post and Telegraph Act, 1893

postal note issued under this Act, or of any document purporting to be such postal note, shall not incur liability to any one except such principal by reason of having received such payment or allowance, or having held or presented such order or document for payment ; but this section shall not relieve any principal for whom such postal note or document shall have been so held or presented of any liability in respect of his possession of the same or of the proceeds thereof.

79. (1) Any person who

Penalty for

issuing fictitious

(a) Makes, knowingly utters, deals in, sells, or uses, for any stamps,

postal purpose, or

(b) Has in his possession, unless he shows a lawful excuse,

or

(c) Makes, or, unless he shows a lawful excuse, has in his

possession,

any die, plate, instrument, or materials for making any fictitious stamp, shall be liable to a penalty not exceeding Fifty pounds, or to imprison- ment, with or without hard labour, for any term not exceeding twelve months.

(2) Any stamp, die, plate, instrument, or materials found in the possession of any person contrary to the provisions of this section may be seized and shall be forfeited.

(3) For the purposes of this section the term fictitious stamp ' means any facsimile or imitation or representation, whether on paper or otherwise, of any stamp for denoting any rate of postage or poundage of Western Australia, or of the United Kingdom, or of any of its Dependencies, India, or any foreign country or State.

(4) Every stamp b purportina to denote a rate of postage or Evidence

poundage of any part of Her Majesty's dominions, or of any foreign country or State, shall be deemed to be a stamp used for postal pur- poses in such part of the said dominions or in such foreign country or State respectively, until the contrary is proved by the person

charged.

80. Any person who, without lawful authority or excuse (the proof whereof shall be on the person charged),	Illegally sending postal envelopes.,
So.

(1) Makes any envelope, wrapper, card, form, or paper, in imitation of one issued by or under the authority of the Postmaster General of Western Australia or of any other part of Her Majesty's Dominions, or of any foreign or colonial postal authority, or having thereon any words, letters, or marks which signify or imply, or may reasonably lead the recipient to believe that a letter, packet, parcel, or newspaper bearing the same is sent on Her Majesty's service, or on the public service of a foreign country, or

(2) Makes on any envelope, wrapper, card, form, or paper, for the purpose of being issued or sent by post or otherwise, or otherwise issued, any mark in imitation of or similar to, or purporting to be any stamp or mark of nuy post office under the Postmaster General of Western Australia

57 VICTORI2E. No. 5

The Post and Telegraph Act, 1893

or of any other part of Her Majesty's Dominions, or under any foreign or colonial postal authority, or any words, letters, or marks which signify or imply, or may reasonably lead the recipient thereof to believe, that a letter, packet, or newspaper bearing the same is sent on Her Majesty's service, or on the public service of a foreign country, or

(3) Issues or sends by post, or otherwise, any envelope,.

wrapper, card, form, or paper so marked,

shall be liable to a penalty not exceeding Five pounds.

Fraudulently	81. (1) Any person who, with a fraudulent intent,
removing stamps

(a) Removes from a letter, packet, parcel, or newspaper sent

by post, any stamp affixed thereon, or

(b) Removes from any stamp previously used any mark made

thereon at a post office, or

(c) Knowingly puts off or uses an obliterated or defaced

postage stamp,

shall be guilty of a misdemeanour, and shall be liable to a penalty not exceeding Fifty pounds, or to imprisonment, with or without hard labour, for any term not exceeding Twelve months.

Evidence (2) Upon the trial of any person for the offence of using an obliterated or defaced postage stamp, proof that the person charged is the writer of the letter or of the address of the letter, packet, parcel, or newspaper on which the stamp is affixed shall be prima facie. evidence that he is the person who affixed the stamp.

Illegally franking	82. Any person authorised by the Minister, under the provisions of this Act, to send letters, packets, newspapers, telegrams, or parcels on the Public Service free of charge, who shall,with intent to evade payment of the postage or fee in respect of the same, superscribe, mark, or send or cause to be marked, superscribed, or sent as on the Public Service a letter, packet, newspaper, telegram, or parcel which does not concern the business thereof, shall be liable to a penalty not exceeding One hundred pounds.
letters or tele.
grams

Falsely sending	83. Any person who knowingly and fraudulently—
letters,

free of Barge (a) Sends to or puts into a post office or telegraph office ; or (b) Causes or procures to be sent to or put into a post office or

telegraph office,

any letter, packet, newspaper, telegram, or parcel which purports to be authorised or permitted by this Act or the Regulations to be sent free of charge or at a reduced rate of postage, and which is not authorised or permitted to be sent free of charge or at a reduced rate of postage, shall be liable to a penalty not exceeding Fifty pounds.

Falsely sending	81. Any person who
packets

(1) Knowingly and fraudulently puts into a post office, a packet, parcel, or newpaper in or upon which, or in or upon the cover whereof there is any letter communication, or intelligence not allowed by law to be there placed ; or

57 VICTORIA. No. 5

The Post and Telegraph Act, 1893

(2) Wilfully subscribes on the outside of a packet a false state- ment of the contents thereof,

shall be liable to a penalty not exceeding Fifty pounds nor less than

One pound.

85. Any person who

(1) Knowingly puts, or causes to be put, into a post office a Falsely sending newspaper, in or upon which, or in or upon the cover newspapers

whereof there is any character, figure, letter, or number other than some one or more of the following, that is to say, a mark to indicate a report, article or paragraph, therein, the printed title of the newspaper, the statement in print of the names, occupations, and places of business of the printer, publisher, and vendor of the newspaper, the name, occupation, and address of the person to whom it is sent, the name of the sender, and the words ' news- paper only,' or in which anything but a supplement is enclosed, or which is accompanied by anything but a supplement, or

(2) Wilfully places the words newspaper only ' on any news- paper or thing purporting to be a newspaper, or on the cover thereof, knowing the words to be untrue,

shall be liable to a penalty not exceeding Fifty pounds and not less

than One pound.

86. Any person who knowingly sends, or attempts to send by post, sending ex- plosive or noxi

any letter, packet, newspaper, or parcel which ous substance,

(1) Encloses an explosive, or a dangerous, filthy, noxious, or n'ete' s3eb.

deleterious substance, or a sharp instrument not properly protected, or a living noxious creature, or any other thing likely to injure other letters, packets, newspapers, or parcels in course of conveyance, or to injure an officer of the department, or other person, or

(2) Encloses an indecent or obscene print, painting, photograph, lithograph, engraving, book, card, or article, or

(3) Has thereon or therein, or on the envelope or cover thereof, any words, marks, or designs, of an indecent, obscene, or grossly offensive character,

shall be guilty of a misdemeanour, and shall be liable to a penalty not exceeding One hundred pounds, and to imprisonment with or without hard labour, for a term not exceeding twelve months.

87. Any master of a ship, postmaster, or other officer or .person Penalty on

employed by or under a postmaster, or employed or authorised to tvneas s s ter s t

receive, sort, carry, or deliver mails or letters, packets, newspapers, or master's, and and

parcels sent by post, or otherwise employed in the business of the ontrIst;or breach

department, who offends against, or wilfully neglects or omits to comply with any of the arrangements duly made under the authority of this Act, or any of the provisions of this Act or the regulations for breach or neglect of which no other punishment is hereby provided, shall be liable to a penalty not exceeding One hundred pounds.

VICTORLE. No. 5

The Post and Telegraph Act, 1893

Losing or not

delivering letters	88. Any person employed by or under the department who negli- gently loses, or wilfully detains or delays, or unlawfully returns or pro- cures or suffers to be detained or delayed, or unlawfully returned any mail-bag, mail-box, or mail-parcel, or any letter, packet, newspaper, or parcel shall be liable to a penalty not exceeding One hundred pounds.
coach driver or

Penalty on mail-

89. Any driver of a vehicle being used for the conveyance of mails,

(1) Loiters on the road, or

(2) Wilfully misspends or loses time, or

(3) Is under the influence of intoxicating liquor, or

(4) Does not in all possible cases convey the mail at the speed

guards loitering

and any guard or other person in charge of a mail, whether conveyed

by a vehicle or on horseback, or foot, who

fixed by the Postmaster General for the conveyance thereof, unless prevented by the weather or the bad state of the roads, or an accident, the proof whereof shall be on the person charged,

shall be liable to penalty not exceeding Ten pounds.

wilfully opening	90. Any master of a ship, any driver of a vehicle being used for the conveyance of mails, and any guard or other person in charge of a mail, however conveyed, who, without the authority of a postmaster, wilfully opens or attempts to open, or procures or suffers to be opened, any mail-bag, mail-box, or mail-parcel, or any letter, packet, news- paper, parcel, or telegram shall be guilty of a misdemeanour and be liable to imprisonment, with or without hard labour, for any term not exceeding twelve months.
mails, &e., with-
out authority
Detaining or

secreting letters 91. Any person who

(1) Wilfully retains, secretes, keeps, or detains any mail-bag, mail-box, mail-parcel, letter, packet, newspaper, or parcel which ought to have been delivered to any other person, or

(2) Wilfully retains, secretes, keeps, or detains any mail-bag, mail-box, mail-parcel, letter, packet, newspaper, or parcel found by the person secreting, keeping, or detaining the same, or wrongfully delivered to the person keeping or detaining the same in consequence of a similarity of address or otherwise,

shall be guilty of a misdemeanour, and shall be liable to imprisonment,

with or without hard labour, for any term not exceeding three years.

Improperly

obtaining	92. Any person who by means of any false pretence or misstate- ment, induces any Postmaster, or other officer or servant of the depart- ment, to deliver to such person a letter, packet, newspaper, or parcel sent by post, or a telegram, not addressed to such person, shall be guilty of a misdemeanour, and shall be liable to imprisonment, with or without hard labour, for any term not exceeding two years, or a penalty not exceeding Fifty pounds.
letters, Se.
Delivering to
wrong person	93. Any person charged with the delivery of a letter, packet, news- paper, parcel, or telegram, who wilfully delivers the same to any person other than the person to whom the same is addressed, or his authorised agent in that behalf, shall be guilty of a misdemeanour, and being

57 VICTORDE. No. 5

The Post and Telegraph Act, 1893

convicted thereof shall be liable at the discretion of the Court to pay a fine not exceeding Fifty pounds, or to be imprisoned for any term not exceeding two years, with or without hard labour.

94. Any person who

(1) Fraudulently takes from the possession of a Postmaster, or Stealing letters, other officer or servant of the department or other person so.

having the custody thereof for the Postmaster General, or from any post office or place appointed for the receipt or delivery of letters or telegrams, or

(2) Steals, or for any purpose embezzles, fraudulently takes,

secretes, or destroys,

a mail-bag, mail-box, mail-parcel, letter, packet, newspaper, or parcel, sent by post, or a telegram, or any part thereof respectively, shall be guilty of felony, and shall be liable to imprisonment, with or without hard labour, for any term not exceeding two years, or to penal servi- tude for any term not exceeding seven years.

95. Any Postmaster, or other officer or servant of the department who fraudulently or wilfully tampers with, or, contrary to his duty,	tampering with
Opening or
letters
opens or procures or suffers to be tampered with, or be opened contrary to his duty, any mail-bag, mail-box, or mail-parcel, or any letter, packet, newspaper, parcel, or telegram, shall be guilty of a misde- meanour, and shall be liable to imprisonment, with or without hard labour, for any term not exceeding two years.
96. (1) Any person, not being employed in the Postal Department, who wilfully and maliciously, with intent to injure any other person,	Criminal divert-ing of letters
front addmsee
either opens or causes to be opened any letter, which ought to have been delivered to such other person, or does any act or thing whereby the due delivery of such letter to such other person is prevented or impeded, shall be guilty of a misdemeanour, and be liable to a fine not exceeding Fifty pounds, or to imprisonment not exceeding six months.
(2) Nothing in this section shall apply to a person who does any act to which this section applies, where he is parent, or in the position of a parent or guardian of the person to whom the letter is addressed.
97. Any person who, without the authority of the Postmaster General (the proof of which authority shall rest on the person charged),	Exhibiting&e„ as post °Mee
or royal mail •

(1) Places or maintains, or permits or causes to be placed or maintained, or to remain in, on, or near any house, wall, door, window, box, post, pillar, or other place belonging to him or under his control, the words ' Post Office,' or any other word or mark which may imply or give reason- able cause to believe that the same is a post office, or a place for the receipt of letters, or that any box is a post office letter-box, or

(2) Places, or permits or causes to be placed or suffers to remain on any vehicle the words Royal Mail,' or any word or mark which may imply or give reasonable cause to believe that the vehicle is used for the conveyance of

In ails,

shall be liable to a penalty not exceeding Five pounds.

57 VICTORLE. No. 5

The Post and Telegraph Act, 1893

Obstructing

conveyance and 98. Any person who wilfully obstructs or retards the conveyance or

delivery of

delivery of a mail shall be liable to a penalty not exceeding Fifty

pounds.

Obstructing

officer in the 99. (1) Any person who

execution of (a) Wilfully obstructs or incites anyone to obstruct an officer

his duty, &;c. of the Department in the execution of his duty, or

(b) Whilst in a post or telegraph office, or within any pre- mises belonging to a post or telegraph office, or used therewith, wilfully obstructs the course of business of the post or telegraph office or of the department,

shall be liable to a penalty not exceeding Two pounds.

(2) Any officer of a post or telegraph office may require any person committing an offence under this section to leave the post office or telegraph office or such premises as aforesaid, and if such person refuses or fails to comply with the request, he shall be liable to a further fine not exceeding Five pounds, and may be removed by the officer ; and all police officers are required, on demand, to remove or assist in removing such person.

Injuring or destroying pillar100. Any person who wilfully injures or destroys, or aids or assists letter receivers in injuring or destroyinu, any letter box, or newspaper box, or recep-

tacle for the reception of letters or newspapers, or any card or notice, the property of the Postmaster General, or obliterates any of the letters or figures thereon, shall be liable to a penalty not exceeding Fifty pounds.

Placing injuri-

ous substances	101. Any person who places or attempts to place on, in or against letters or newspapers, any fuse, match, light or any explosive or dangerous substance, or any filth, or any noxious or deleterious sub- stance or any fluid shall be liable to a penalty not exceeding Twenty pounds.
against letter	any letter-box or newspaper-box, or receptacle for the reception of
boxes, &c.
Selling stamps

without " ace""

102. Any person who, without the license of the Postmaster

(1) Sells, offers, or exposes for sale any postage stamp, or

(2) Places or permits, or causes to be placed, or suffers to

or pretending to	General (the proof of which license shall rest on the person charged),
be licensed

remain, on or near to his house or premises, the words licensed to sell stamps,' or any word or mark which may imply or give reasonable cause to believe that he is duly licensed to sell postage stamps,

shall be liable to a penalty not exceeding Five pounds.

issuing mOneY103. Any person who unlawfully issues a money order or postal	Unlawfully
ord„s or pos tm note with a fraudulent intent, or who renews a postal note previously
notes paid, shall be guilty of felony, and shall be liable to penal servitude

for any term not exceeding seven years.

Forging or utter-

ing telegrams 104. Any person who

(1) Forges or utters a telegram, knowing the same to be

forged, or

(2) Transmits by telegraph as a telegram, any message or communication purporting to be a telegram which he knows to be forged,

57 VICTORI2E. No. 5

The Post and Telegraph Act, 1893

shall, whether he had or had not an intent to defraud, be guilty of a misdemeanour, and shall be liable to imprisonment, with or without hard labour, for any term not exceeding two years.

105. Any person who	Sending false
telegrams

(1) Knowingly sends, delivers, or causes to be sent or delivered to any public officer, operator, clerk, or servant, for the purpose of being transmitted as a telegram, a message or writing which purports to be signed or sent by any other person, without such person's authority, or

(2) Wrongfully signs a telegram with the name of another person without such person's authority, or with the name of some fictitious person, or

(3) Wilfully and without the authority of the sender alters a

telegram, or

(4) -Writes, issues, or delivers a document purporting to be a telegram received through a telegraph office and which was not so received,

shall be liable, at the discretion of the Court, to pay a penalty not exceeding One hundred pounds, or to imprisonment for any term not exceeding two years, with or without hard labour.

106. Any person who, with fraudulent intent, sends any letter, telegram, or other communication or message, concerning any money order, or any money due or receivable from or by any person in respect of a money order, shall be guilty of a misdemeanour punishable with imprisonment with or without hard labour, for any term not exceeding one year.

Sending frauds

lent messages

107. Any person employed in a telegraph office who divulges the contents or substance of a telegram otherwise than by delivering

Penalty for

violation of

secrecy

the telegram, or giving a copy of it, to some person to whom he is authorised to deliver the telegram or give the copy, shall be liable for every such offence to a penalty not exceeding One hundred pounds, or to imprisonment, with or without hard labour, for any term not exceeding six months.

108. (1) Any person who, without the authority of the Postmaster General (the proof of which authority shall rest on the person charged),

Erection or

maintenance of

telegraph lines

sets up, maintains, or uses any line of telegraph, whether set up before

thorny

without am

or after the commencement of this Act, and neglects to comply with any notice from the Postmaster General to pay such rent or charges, if any, in respect of the line as may from time to time be fixed by the Governor in Council, shall be liable to a penalty not exceeding Five pounds for every day during which any such line is or continues to be so set up, maintained, or used contrary to the provisions of this Act.

(2) The Postmaster General may at any time authorise any person to take absolute possession of, cut down, or destroy the whole or any part of any such line.

109. Any person who, having entered into an agreement with the Postmaster General for the use by such person of a telegraph line,

Making chargesfor use of tele-

graph line with-

out authority

57 VICTORIN. No. 5

The Post and Telegraph Act, 1893

demands or makes any charge, or receives any payment or valuable consideration from any other person for the use of the same, shall be liable for each offence to a penalty not exceeding Fifty pounds and not less than Two pounds.

Injuries to	110. Any person who
telegraphs

(1) Unlawfully or maliciously cuts, breaks, throws down, injures, or removes any battery, machinery, wire, cable, post or other matter or thing whatsoever, being part of any apparatus used or employed in or about any telegraph, or in the working thereof, or

(2) Unlawfully or maliciously prevents or obstructs in any manner whatsoever the sending, conveyance, or delivery of any communication by telegraph,

shall be guilty of a misdemeanour, and shall be liable to imprison- ment, with or without hard labour, for any term not exceeding two years :

Provided that if it appears to a Justice of the Peace, on the hearing of any information or complaint in respect of an offence against this section, that it is not expedient to the ends of Justice that the same should be prosecuted as an indictable offence, one Justice may proceed

summarily to hear and determine the same, and the offender may, on

conviction, be imprisoned, with or without hard labour, for any term not exceeding three months, or be ordered to pay a penalty not exceed-

ing Twenty pounds.

Attempt to 111. Any person who attempts to commit any of the offences in the

injure telegraphs last preceding section mentioned shall be liable on conviction before

one Justice to imprisonment, with or without hard labour, for any term not exceeding three months, or, at the discretion of the Justice, to a penalty not exceeding Ten pounds.

Damage to be	112. Any person causing damage to any line of communication or been sentenced to imprisonment under this Act, shall also be liable to make good such damage, the amount whereof shall be determined by the Justices imposing the penalty or sentencing to imprisonment, and such damage, if not paid on demand, may be levied and recovered as a penalty imposed by this Act.
made good in
addition to	any works connected therewith, although he may have been fined or
penalty
Arrest of	113. Any person found offending against the provisions of sections one hundred and ten and one hundred and eleven may, with or with- out warrant, be apprehended by any other person and delivered to a police officer, or conveyed before a Justice to be dealt with according to law.
offenders
Negligently in.	114. Any person who negligently or otherwise breaks or injures any post, wire, article, apparatus, or material belonging to or used in connection with any telegraph shall be liable to a penalty not exceed- ing Fifty pounds.
juring telegraph
post or wire

57 VICTORDE. No. 5

The Post and Telegraph Act, 1893

Offences, General

115. (1) Any person duly authorised in that behalf by the Post- master General may enter into any post or telegraph office and take

Post offices maybe entered and

possession taken

possession of all property, moneys, money orders, letters, goods, chattels,

of letters, am.,

on behalf of

effects, therein belonging or appertaining to the department, and may

department

for such purpose remain a reasonable time in the post office, or in or

upon the premises where the post office is situated.

(2) Any person who wilfully obstructs, hinders, or delays any penalty

person so entering, taking possession, or removing as aforesaid shall

be liable to a penalty not exceeding Twenty pounds.

116. Any person who resists any person acting in execution of this Act shall be liable to a penalty not exceeding Twenty poimds, or to be imprisoned, with or without hard labour, for any term not exceeding two months. Resisting officer

Legal Proceedings

117. All proceedings in respect of offences against this Act or the regulations, or any by-laws made hereunder, in respect whereof a penalty is imposed shall, unless herein otherwise provided, be heard and determined in a summary way before any two or more Justices of the Peace in Petty Sessions.	Proeeolings for
penalties

118. In any information or complaint for an offence committed or Form of

attempted to be committed with respect to the department or the tr,L.1,1„tile,2;

revenue of the department, or in, upon, or with respect to any mail- Postmaster

bag, mail-box, or mail-parcel, or any letter, packet, newspaper, or General

parcel sent or being carried by post, or any property, moneys, money

orders, postal notes, goods, chattels, or effects under the management

or control of the Postmaster General, or with respect to any act,

matter, or thing which has been done or committed with any mali-

cious, injurious, or fraudulent intent, and in anywise relating to or

concerning the department or the revenue thereof, or any such pro-

perty, moneys, money orders, goods, chattels, or effects as aforesaid

under the management or control of the Postmaster General, it shall

be sufficient to lay any such property in, and to state or allege the

same to belong to, and to state or allege any such act, matter, or thing

to have been done or committed with the intent to injure or defraud

the Postmaster General, without mentioning his name ; and in all

informations relatin a to or in anywise concerning the department it

shall be sufficient to name and describe the Postmaster General asb

the Postmaster General,' without any further or other name, addition,

or description whatsoever.

119. Sections A, E, F, G, and H of The Shortening Ordinance, shortening

1853,' shall be incorporated with, and taken to form part of this Act tmee

to all intents and purposes, and in as full and ample a manner as if

the said sections had been introduced and fully set forth in this Act.

57 VICTORIE. No. 5

The Post and Telegraph Act, 1893

Protection, from Actions

Crown not liable

for delay or loss	120. No claim or demand against Her Majesty, or the Minister, Postmaster General, or any other officer of the department, shall arise by reason of any default, delay, error, omission, or loss, whether negligent or otherwise, in the transmission, or delivery, or otherwise, in relation to any letter, packet, newspaper or parcel posted or received or registered, or in relation to any message, despatch, or communica- tion sent or received or omitted to be sent or received by telegraph under this Act.
of letter, 4:c.
Notice and	121. (1) Any action against a postmaster or any officer or servant of the department for anything done or omitted to be done in pur- suance of this Act or the regulations shall be commenced within six months after the act committed or omitted, and not afterwards. And the action shall not be commenced until one month after notice thereof, and of the cause thereof, has been delivered to the defendant, or left for him at his usual place of abode by the party intending to commence the action, and upon the back of the notice shall be endorsed the name and place of abode or business of the plaintiff and his solicitor or agent, if the notice is served by a solicitor or agent.
limitation of
action
Contractors

and mailmen (2) Contractors and their mailmen shall not be considered as

excepted	officers or servants of the department under this section.
In cases of	122. An action or other proceeding shall not be maintainable against Her Majesty, the Minister, or the Postmaster General, or any officer of the department, by reason of the payment of the amount of a money order or postal note being refused or delayed, or on account of any accidental neglect, omission, or mistake, or for any other cause, and no action or other proceeding shall be maintainable in respect of a money order or postal note, after payment thereof, by whomsoever presented, if it was paid without fraud or wilful misbehaviour on the part of the person sought to be made liable.
money orders
or postal notes

Appropriation of Fees, &c.

Appropriation of

penalties, irce. 123. All moneys collected on account of postage, sale of stamps, commission, poundage, charges, fees, penalties, and other dues levied, collected, or received under this Act or the Regulations, shall be paid to the Colonial Treasurer and placed to the credit of the Consolidated Revenue Fund.

IV. C. F. ROBINSON,

GOVERNOR.

57 VICTORLE. No. 5

The Post and Telegraph Act, 1893

FIRST SCHEDULE Section 3

Date of Act TiSe of Act Extent of repeal

9 Vie., No. 6 An Ordinance to provide for the Conveyance and The whole

Postage of Letters.

10 Vie., No. 6 An Ordinance to provide for the Withdrawal The whole

of Letters from the Post Office in certain

cases.

14 Vic., No. 17	An Ordinance to make provision for the Con- veyance of Mails from Port to Port within the limits of the Colony of Western Aus- tralia.	The whole
17 Vic., No. 12	An Ordinance to provide for and regulate the	The whole

Issue and use of Postage Stamps.

17 Vic., No. 13 An Ordinance to facilitate Mutual Postal Com- The whole

munication between this Colony and other

Countries.

19 Vic., No. 4 An Ordinance to Abolish the Franking of The whole

Letters and Packets.

23 Vic., No. 4 An Ordinance to extend the Laws relating to The whole

the Post Office.

38 Vie., No. 6 An Act to facilitate the proof of Telegraphic Sections

Messages in Courts of Justice, and for	7 and 8
other purposes.

47 Vic., No. 12 An Act to regulate and protect Electric Tele- The whole

graphs.

51 Vic., No. 15 An Act for the Amendment of The Postage The whole

Stamp Ordinance, 1854.'

53 Vic., No. 7	An Act to Protect Telephones.	The whole
53 Vie., No. 19	An Act to Amend ' The Postage Stamp	The whole

Ordinance, 1854, Amendment Act, 1887.'

54 Vie., No. 5 An Act to Amend 'The Postage Stamp Act, The whole

1889.'

SECOND SCHEDULE Section 7

DECLARATION BY OFFICERS OF THE POSTAL DEPARTMENT

I [A.B.] do solemnly and sincerely declare that I will not willingly or knowingly Is Pic o 12

open, detain, return, or delay, or cause or suffer to be opened, detained, returned, or delayed, any letter or packet which shall come into my hands, power, or custody, by reason of my employment, relating to the Post Office or Postal Department, except by the consent of the person or persons to whom such letter or packet shall be directed, or by an express warrant, in writing, for that purpose, under the hand of the Governor, or except in pursuance and

57 VICTORLE. No. 5

The Post and Telegraph Act, 1893

under the authority of any Act now or hereafter in force relating to the Post Office or Postal Department or of any regulations made in pursuance of such Act, nor will I directly or indirectly make known to any person, except to an officer of the Department duly authorised to receive the same, any information, matter, or thing which may come to my knowledge by virtue of my employment in the Postal Department.

And I make this solemn declaration, &c.,

A.D.

Declared before me, at , in the Colony of Western 1 D 3.v.

Australia, this day of

THIRD SCHEDULE

Section 7 DECLARATION BY OFFICERS OF THE TELEGRAPH DEPARTMENT

I [AM.] do solemnly and sincerely declare that I will hold strictly secret all private telegraphic communications that may pass through my hands in the performance of my duties. I also further declare that I will not give any information directly or indirectly respecting any messages or despatches trans- mitted, or intended to he transmitted, by electric telegraph, except to the persons to whom such messages or despatches may be addressed, or to their recognised agents.

And I make this solemn declaration, drc.

A.B.

Declared before me, at , in the Colony of Western Australia," ap

this	day of
FOURTH SCHEDULE

Section 33 DECLAMATION BY OFFICERS EMPLOYED IN DEAD LETTER OFFICE

I [A.B.] do solemnly and sincerely declare that I will be true and faithful in the execution of the trust committed to my charge, and that I will not intentionally read the contents of any letter or packet which I may open under the provisions of any Act now or hereafter to be in force relating to the Post Office or Postal Department, except in so far as it may be necessary for the purpose of ascertaining the name and address of the writer or sender thereof, and that I will not divulge to any person whatever, except the Minister or other officer in immediate charge of the Post Office or Postal Department, any of the contents of such letter or packet.

And I make this solemn declaration, &c.

Declared before me, at , in the Colony of Western 1 CD ar

Australia, this day of

FIFTH SCHEDULE

Section 45 DECLARATION BY SHIPMASTERS, &C.

I [A.B.] do solemnly and sincerely declare that I have to the best of my

knowledge delivered to C.D. every mail-bag, mail-box, mail-parcel, letter, packet,

parcel, and newspaper that was on board the Name of vessel] at the time of her

arrival in the port of , except such letters as are exempted by law

from such delivery.

A.B.

Signed in my presence at •, i he Colony of Western1 C.D.

Australia, this day of