Post and Telegraph Act 1901 (Cth)
POST AND TELEGRAPH ACT 1901 [Note: This Act is "repealed" by Act No. 56 of 1975]
(#DATE 19:12:1973)
(#DATE 19:12:1973)
Compilation Information - Reprinted as at 19 December 1973
POST AND TELEGRAPH ACT 1901-1973 - TABLE OF PROVISIONS TABLE
POST AND TELEGRAPH ACT 1901-1973
TABLE OF PROVISIONS
PART I-PRELIMINARY
Section
1. Short title and commencement
2. State Acts to cease to apply
PART IA-GENERAL
3. Definitions
4. Department
5. Postmaster-General
6. Director-General
7. Director of Posts and Telegraphs
8. Postmaster-General may delegate
9. Declarations to be taken by officers
10. (Repealed)
11. Every parcel sent by post if not a packet, parcel or newspaper to be
deemed a letter
12. Packets may be defined
13. Officers of the Department free from tolls
14. Arrangements may be made for British or foreign mails
15. Contracts
16. (Repealed)
17. Railways to carry mails
18. Payment for carriage of mails by rail
19. Contributions may be accepted
20. Letters, &c., from places beyond the Commonwealth
21. Arrangements for postage to be other than prepaid
22. Redirection
23. Letters, &c., insufficiently prepaid
24. Petitions to the Governor-General, &c.
25. Postage need not be prepaid on letters or packets containing returns
of births, &c., transmitted by any minister of religion, &c., to
appointed officer
26. Powers and duties conferred upon postmasters by State Acts
27. Postage need not be prepaid on letters or packets containing
electoral matter
28. Eligibility for registration as a newspaper
29. Registration of newspapers
Consequence of irregularity
30. Postage stamps to be made and sold
31. Postmasters to keep sufficient supply of stamps
32. Prepayment of postage
33. By money in certain cases
34. Prepayment of postage in money in prescribed circumstances
35. Postage stamps, where to be affixed
36. Postage stamps may be perforated with letters
37. Erection of letter pillars, &c.
38. Registration
Acknowledgment of the receipt of registered letters
Letters, &c., with valuable enclosures must be registered
39. Declaration to be made where missing letter, &c., contained valuable
enclosure
40. Certain letters, &c., to be deemed posted in contravention of this
Act
41. Letters, &c., in contravention of this Act, how dealt with
42. Power to examine newspapers and packets
43. Blasphemous or obscene letters, &c., may be destroyed
44. Indecent pictures, &c., sent by post
45. Unclaimed and undelivered articles returned from other countries,
how dealt with
46. Undelivered postal articles
47. Telegrams, letters, &c., at hotels remaining undelivered for one
month to be returned to Post Office
Penalty
48. How dead letters, &c., disposed of at General Post Office
49. How or by whom unclaimed or dead letters may be opened
50. Opened postal articles not containing anything of value, how dealt
with
51. Manner of dealing with opened letters and packets containing
anything of value
52. Manner of dealing with opened newspapers
53. Sender of opened letters, &c., to pay postage
54. No letters, &c., to be returned except in certain cases
55. (Repealed)
56. Letters, &c., for deceased persons, how to be disposed of
57. Power in certain cases to refuse to register or deliver letters, &c.
58. Letters, &c., in such cases, how dealt with
59. Heavy letters, packets and newspapers may be refused
60. Delivery at post town or at named or last known residence sufficient
61. Despatch and delivery of packets, &c., may be delayed
62. Who deemed to be the sender of a postal article
Post office stamp evidence of refusal of letter, &c.
Post office stamp evidence of liability to postage
63. Mail in charge of postmaster, &c., deemed to be by post
64. Power to destroy books, documents, telegrams, &c.
65. (Repealed)
PART II-CARRIAGE OF MAIL BY SHIPS
AND AIRCRAFT
66. Arrival of vessel, &c., carrying mail
67. Requirement to carry mail
68. Detention of vessel required to carry mail
69-73. (Repealed)
PART III-MONEY ORDERS AND POSTAL
ORDERS
74. Arrangements for money orders and postal orders
75. Amount and cost of money orders and postal orders
76. (Repealed)
77. When amount of money order may be refunded
78. To be deemed valuable security and public moneys
79. No stamp duty on money orders or postal orders
PART IV-TELEGRAPHS
80. Postmaster-General to have exclusive rights in respect of telegraphs
81. Authority to persons to erect and maintain telegraph lines
81A. Telegraph lines not to be used for certain purposes
82. Postmaster-General may contract for construction of telegraph lines
Telegraph lines to be subject to this Act
83. Provisions as to crossing roads, &c., by private lines
84. Lands may be entered and surveyed, &c.
85. Works to be made on any land, &c.
85A. Removal of line consequent upon opening of new roads
86. Wires, &c., may be affixed to buildings
87. Trees obstructing telegraph lines may be cut or lopped
88. Free access to be permitted for the repair of telegraph line
89. Laying lines under streets
90. Provision as to compensation
91. Postmaster-General may resume possession of private lines for
default
92. Resumption of private lines after notice
93. Recovery of rents and charges
94. Certain lines, &c., to belong to Postmaster-General
95. Order of transmitting telegrams
Penalty
96. Blasphemous, obscene and scandalous telegrams may be refused
PART IVA-FINANCE
96A. Interpretation
96B. Post Office Trust Account
96C. Moneys to be paid into Trust Account
96D. Expenditure from Trust Account
96E. Power of Treasurer to limit capital expenditure from Trust Account
in a financial year
96F. Payments out of Trust Account in respect of superannuation
96G. Payments out of Trust Account in respect of expenditure incurred
before commencement of Part
96H. Financial policy in respect of Post Office Services
96J. Proper accounts to be kept
96K. Audit
96L. Annual report and financial statements by Director-General
96M. Annual statement to Parliament by Postmaster-General
PART V-REGULATIONS
97. Regulations
PART VI-PENALTIES
98. Conveying of letter otherwise than by post
Evidence
Exceptions
99. Forging or fraudulently using or possessing dies or plates
100. Unlawful possession of moulds for making postage-stamp or
postal-note paper
101. Illegal possession of postage-stamp or postal-note paper
102. Illegally sending postal envelopes
103. Fraudulently removing stamps
104. Penalty for falsely sending letters, &c., as exempted
105. Penalty for falsely sending packets
106. Penalty for falsely sending newspapers
107. Sending explosives or noxious substance or indecent articles, &c.
108. Penalty on postmasters and others for breach of duty
109. Penalty for losing or not delivering letters, &c.
110. Penalty on mail-coach driver or guards loitering
111. Retaining or secreting letters, &c.
112. Penalty for improperly obtaining letters, &c.
113. Delivering to wrong person
114. Stealing letters, &c.
115. Penalty for opening or tampering with mails
116. Penalty on unauthorized persons opening mails
117. Exhibiting sign, &c., as post office or Royal mail
117A. Publishing unauthorized telephone lists
118. Obstructing conveyance or delivery of mail
119. Obstructing officer in the execution of his duty, &c.
120. Injuring or destroying letter-boxes, &c.
121. Penalty for placing offensive substances, &c., in post office
122. Selling stamps without a licence or pretending to be licensed
123. Unlawfully issuing money orders or postal orders
124. Forging or uttering telegrams
125. Sending false telegrams
126. Sending fraudulent messages
127. Penalty for violation of secrecy
128. Erection or maintenance of telegraph lines without authority
129. Making charges for use of telegraph line without authority
130. Injuries to telegraphs
131. Attempt to injure telegraphs
132. Arrest of offenders
133. Breaking or damaging telegraph posts or wires
134. No person to impersonate a postal officer
135. Penalty on officer re-issuing postal orders
136. (Repealed)
137. Post offices may be entered and possession taken of letters, &c., on
behalf of Department
Penalty
138. Resisting officer
139. Penalty for posting placards on post office pillars, &c.
PART VIA-PROTECTION OF PROPERTY
139A. Application
139B. Compensation for interference or damage
139C. Work done by the Department by reason of the doing, or the proposed
doing, of other work by a person
PART VII-PROTECTION OF TELEGRAPH LINES FROM
INJURIOUS AFFECTION BY ELECTRIC LINES
OR WORKS
140. Electric authority not to injuriously affect telegraph lines
141. Definition of injurious affection
142. Limit of responsibility in case of injurious affection of lines
143. Provision when any work done by electric authority
Penalty
144. Provision when work to be done involves alteration in telegraph line
Penalty
145. Penalty for injury to telegraph line and for interruption of
telegraphic communication
146. Penalty for obstruction of Postmaster-General
147. Restrictions when telegraph lines injuriously affected
148. Penalty for unlawfully constructing or using works
149. No action of Postmaster-General to relieve electric authority
150. Provisions as to notices
PART VIII-LEGAL PROCEEDINGS
151. Proceedings for penalties
152. Form of information-Property to be laid in the Postmaster-General
153. Postmaster-General or Director may depute another officer to appear
on his behalf
153A. Proof of notices
153B. Rewards for information as to damage to property
154. Differences to be settled by arbitration
155. Arbitration in accordance with law of State or Territory
156. Postmaster-General may settle cases
PART IX-NOTICE AND LIMITATION
OF ACTIONS
157. Notice and limitation of action
Contractors and mailmen excepted
158. Protection from actions
159. In case of money orders or postal notes
SCHEDULES
SCHEDULE 1
State Acts ceasing to apply to the postal and telegraphic services of the
Commonwealth
SCHEDULE 2
Form A
Form B
Form C (omitted)
Form D
POST AND TELEGRAPH ACT 1901-1973 - SECT. 1.
Short title.SECT
POST AND TELEGRAPH ACT 1901-1973
An Act relating to the Postal and Telegraphic Services of the Commonwealth.
Heading inserted by No. 7, 1966, s. 3.
POST AND TELEGRAPH ACT 1901-1973 - PART 1
PART I-PRELIMINARY
POST AND TELEGRAPH ACT 1901-1973 - SECT. 1. SECT
Short title and commencement.
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Post and Telegraph Act 1901-1973,* and shall commence on the first day of December One thousand nine hundred and one.
POST AND TELEGRAPH ACT 1901-1973 - SECT. 2.
States Acts to cease to apply. Schedule 1.SECT
Amended by No. 24, 1910, s. 3; and No. 109, 1973, s. 15.
2. The State Acts specified in Schedule 1 shall cease to apply to the postal and telegraphic services of the Commonwealth.
Section 2A repealed by No. 216, 1973, s. 3.
* * * * * * * *
POST AND TELEGRAPH ACT 1901-1973 - PART IA PART IA-GENERAL
POST AND TELEGRAPH ACT 1901-1973 - SECT. 3.
Heading inserted by No. 7, 1966, s. 4.SECT
Definitions.
Qd. P. & T. Act 1891 s. 4.
N.Z. P.O. Act 1900 s. 2.
Amended by No. 45, 1934, s. 2; No. 80, 1950, s. 3; No. 7, 1966, s. 5; No. 32, 1968, s. 4; No. 33, 1968, s. 4; No. 70, 1971, s. 3; and No. 216, 1973, s. 3.
3. In this Act unless the context otherwise indicates-
''Postmaster-General'' means the Minister of State for the Commonwealth charged with the administration of this Act.
''Construct'' includes erect lay down and place.
''Customs Act'' means any Act or Acts relating to the Customs in force within the Commonwealth and all orders and regulations made under any such Act or Acts.
''Department'' means the Postmaster-General's Department.
''Director'' means Director of Posts and Telegraphs.
''Director-General'' means Director-General of Posts and Telegraphs.
''Electric authority'' means any State Government railway authority local authority tramway authority or person generating using or supplying electricity.
''Electricity'' includes electric current electrical energy or any like agency.
''Electric line'' includes all means used for the purpose of conveying transmitting transforming or distributing electricity and any casing coating covering tube tunnel pipe pillar pole post frame bracket or insulator enclosing surrounding or supporting the same or any part thereof or any apparatus connected therewith.
''General Post Office'' means the head office of the Department in each State.
Compare N.S.W. Act 1900.
S.A. No. 680.
Qd. 56 Vict. No. 20.
Tas. 64 Vict. No. 26.
Vict. No. 1643.
''Indecent or obscene matter'' includes any drawing or picture or advertisement or any printed or written matter in the nature of an advertisement if it relates to venereal or contagious diseases affecting the generative organs or functions or to nervous debility or other complaint or infirmity arising from or relating to sexual impotence or intercourse or sexual abuse or to pregnancy or to any irregularity or obstruction of the female system or to the treatment of any complaint or condition peculiar to females or may reasonably be construed as relating to any illegal medical treatment or illegal operation.
''Mail'' includes every package receptacle or covering in which postal articles in course of transmission by post are conveyed whether it does or does not contain postal articles and loose or individual postal articles in transit.
''Master of a vessel'' means the person for the time being having the charge or command of a vessel but does not include the pilot.
''Money order'' means a money order issued under this Act or a money order or similar instrument issued by any postal authority outside the Commonwealth for payment in the Commonwealth.
''Newspaper'' means a copy of a number of a publication registered at a General Post Office as a newspaper, together with any supplement or other material that, in accordance with the regulations, is to be deemed to form part of that number.
''Officer'' means any officer in the service of the Department.
''Postage'' means the amount chargeable for the transmission of postal articles by post.
''Postage stamp'' or ''stamp'' means any stamp made or authorized by the Postmaster-General for the purpose of the payment of postage or fees to be chargeable under this Act.
''Postal article'' includes letters post-cards letter-cards newspapers packets or parcels and all other articles transmissible by post, and includes a telegram when transmitted by post.
''Postal order'' means a postal order issued under this Act or a postal order or similar instrument issued by any postal authority outside the Commonwealth for payment in the Commonwealth.
''Postmaster'' means the officer in charge of a post office or post and telegraph office.
''Post office'' means a house building room railway postal van or carriage place or structure where postal articles are by permission or under the authority of the Postmaster-General or the Director-General received delivered sorted or made up or from which postal articles are by the authority aforesaid despatched including a pillar box or other receptacle provided for the reception of postal articles for transmission.
''Telegraphic'' includes telephonic.
''Telegraph'' or ''telegraph line'' means a wire or cable used for telegraphic or telephonic communication including any casing coating tube tunnel 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 communications by means of electricity and also includes any installation or structure used or intended for use in connexion with the installation, operation or maintenance of a telegraph line.
''Telegraph office'' means a house building room or other place or structure used or occupied by or under the authority of the Postmaster-General and under his control for the purposes of working a telegraph or for the receipt and delivery of telegrams.
''Telegram'' means any message or communication sent to or delivered at a telegraph office or post office for transmission by telegraph for delivery or issued from a telegraph office or post office for delivery as a message or communication transmitted by telegraph.
''Vessel'' includes every description of vessel employed on the high seas in harbors on rivers or on the coast or on any navigable water.
''Works'' includes electric lines and also any buildings machinery engines meters lamps transformers fittings apparatus works matters or things of whatever description required to supply electricity or to carry into effect the objects of the electric authority.
POST AND TELEGRAPH ACT 1901-1973 - SECT. 4.
Department.SECT
4. The Department shall have control of the Postal and Telegraphic services of the Commonwealth.
POST AND TELEGRAPH ACT 1901-1973 - SECT. 5.
Postmaster-General.SECT
5. The Administration of this Act and the control of the Department are vested in the Postmaster-General.
POST AND TELEGRAPH ACT 1901-1973 - SECT. 6.
Director-General.SECT
Sub-section (1) amended by No. 45, 1934, s. 2.
6. (1) There shall be a Director-General of Posts and Telegraphs who, under the Postmaster-General, shall exercise control of the Department throughout the Commonwealth.
Substituted by No. 120, 1968, s. 3.
(2) The Director-General shall be paid a salary at the rate of Twenty-two thousand seven hundred and fifty dollars per annum and an annual allowance of One thousand five hundred dollars.*
POST AND TELEGRAPH ACT 1901-1973 - SECT. 7.
Director of Posts and Telegraphs.SECT
Amended by No. 14, 1916, s. 2; No. 45, 1934, s. 2; No. 80, 1950, s. 3; and No. 32, 1968, s. 5.
7. There shall in each State be a Director of Posts and Telegraphs who shall be the principal officer of the Department therein.
Provided that if the Governor-General notifies by proclamation that for the purposes of the administration of the Department any portion of a State or Territory is attached to any adjoining State, the Director of that adjoining State shall be the principal officer of the Department in the portion so attached.
POST AND TELEGRAPH ACT 1901-1973 - SECT. 8.
Postmaster-General may delegate.SECT
8. In relation to any particular matters State or District the Postmaster-General may by writing under his hand delegate any of his powers under this Act (except this power of delegation) so that the delegated power may be exercised by the delegate with respect to the matters specified or the State or District defined in the instrument of delegation, but every such delegation shall be revocable at the pleasure of the Postmaster-General.
POST AND TELEGRAPH ACT 1901-1973 - SECT. 9.
Declarations to be taken by officers.SECT
Schedule 2 (A).
N.S.W.P. Act 1867 s. 4.
Amended by No. 109, 1973, ss. 3 and 15.
9. Every officer shall before exercising the duties of his office take and subscribe before a justice of the peace or a postmaster a declaration in the Form A set forth in Schedule 2.
POST AND TELEGRAPH ACT 1901-1973 - SECT. 10.
Section 10 repealed by No. 25, 1909, s. 4.* * * * * * * *
POST AND TELEGRAPH ACT 1901-1973 - SECT. 11.
Every parcel sent by post if not a packet, parcel or newspaper to be deemed a
letter.SECT
N.S.W.P. Act 1867 s. 6.
11. Every article whatsoever which is received at a post office for transmission or delivery shall if not a packet parcel or newspaper as defined by this Act or by the regulations be deemed a letter.
POST AND TELEGRAPH ACT 1901-1973 - SECT. 12.
Packets may be defined.SECT
N.S.W.P. Act 1867 s. 7.
12. The Governor-General may by order published in the Gazette direct what articles may be sent by post as packets or parcels and upon what terms and conditions the same may be sent.
POST AND TELEGRAPH ACT 1901-1973 - SECT. 13.
Officers of the Department free from tolls.SECT
W.A. P. & T. Act 1893 s. 8.
Amended by No. 7, 1966, s. 9; and No. 109, 1973, s. 4.
13. No duty or toll payable at or in respect of any pier wharf quay landing place 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-
(a) Any person employed to perform any duty of the Department when on duty.
(b) Any person engaged in the conveyance of mails.
(c) Any vehicle or horse conveying mails or postal articles.
(d) Any telegraph messenger or line repairer when on duty.
(e) Any vehicle or horse used or employed by such telegraph messenger or line repairer in the performance of his respective duties.
(f) Any material or tools used or employed in the construction or repair of any telegraph line,
and any person who demands or takes any toll contrary hereto shall be liable to a penalty not exceeding Ten dollars.
The Postmaster-General may pay to the person entitled by way of compensation for the use of any pier wharf quay landing place or ferry in the conveyance of mails or the landing shipping or conveying any material or tools for the construction or repair of a telegraph line such sum as may be agreed upon, and in default of agreement as may be settled by arbitration.
POST AND TELEGRAPH ACT 1901-1973 - SECT. 14.
Arrangements may be made for British or foreign mails.SECT
Qd. P. & T. Act 1891 s. 9.
Sub-section (1) amended by No. 45, 1934, s. 2.
14. (1) The Governor-General may make arrangements with the Postmaster-General in the United Kingdom or with the proper authorities of any British possession or of a foreign country with respect to-
(a) the transmission of mails or postal articles between the Commonwealth and the United Kingdom or the British possession or foreign country;
(b) the appointment determination and collection of postage and fees or other dues upon postal articles conveyed between the Commonwealth and the United Kingdom or any such possession or country;
(c) the division and mutual accounting for and payment of the moneys collected under any such arrangement;
(d) the purposes above mentioned in the case of postal articles transmitted through the Commonwealth for the United Kingdom or any such possession or country to or from any part of the world;
(e) the prepayment (in full or otherwise) of the postage payable on postal articles;
(f) the transmission to places out of the Commonwealth 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 postal articles posted in the Commonwealth, or as to the collection application and payment of postage or fines on postal articles received from places out of the Commonwealth on which no postage or insufficient postage has been paid;
(g) the payment of compensation for the loss or injury of any registered postal articles.
Added by No. 109, 1973, s. 5.(2) For the purposes of sub-section (1), Papua New Guinea shall be treated as a foreign country.
POST AND TELEGRAPH ACT 1901-1973 - SECT. 15.
Contracts.SECT
N.S.W. P. Act 1867 s. 43.
Amended by No. 45, 1934, s. 2.
15. The Postmaster-General or any person authorized in that behalf by the Governor-General may enter into contracts in writing on behalf of the Government of the Commonwealth for or in respect of the carriage of mails or for any other purpose incidental to the carrying out of this Act and may stipulate for such terms and conditions as to him shall seem fit for securing the due regular and efficient performance of the contract.
POST AND TELEGRAPH ACT 1901-1973 - SECT. 16.
Section 16 repealed by No. 64, 1961, s. 3.* * * * * * * *
POST AND TELEGRAPH ACT 1901-1973 - SECT. 17.
Railways to carry mails.SECT
17. The principal railway official of every State or the owner controller or manager of any railway or tramway in any State shall carry mails on any train run upon the railways or tramways under his control if required by the Postmaster-General so to do and shall provide all usual facilities for the receipt carriage and delivery of all mails that he is required to carry.
POST AND TELEGRAPH ACT 1901-1973 - SECT. 18.
Payment for carriage of mails by rail.SECT
18. The Postmaster-General shall pay to the principal railway official of each State or to the owner controller or manager of any railway or tramway in any State as the case may be such annual sum for the receipt carriage and delivery of mails and for all facilities provided in connexion therewith as may be agreed upon and in default of agreement as may be settled by arbitration. Provided that no payment shall be made to any owner controller or manager of any private railway or tramway who in accordance with the law of a State has agreed to carry His Majesty's mails free of charge.
POST AND TELEGRAPH ACT 1901-1973 - SECT. 19.
Contributions may be accepted.SECT
19. The Governor-General may arrange with any State and the Postmaster-General may arrange or contract with any local governing body or person applying to him to establish or provide any additional facilities (postal or other) for the contribution by such State body or person towards the expense of establishing or providing such facilities or for indemnifying the Postmaster-General against any loss he may sustain thereby.
POST AND TELEGRAPH ACT 1901-1973 - SECT. 20.
Letters, &c., from places beyond the Commonwealth.SECT
Qd. P. & T. Act 1891 s. 13.
20. Every postal article received by post from a place out of the Commonwealth shall be transmitted and delivered free of charge within the Commonwealth except where it is necessary to collect the postage under an arrangement made as in this Act 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 postal article shall be collected on or before delivery.
POST AND TELEGRAPH ACT 1901-1973 - SECT. 21.
Arrangements for postage to be other than prepaid.SECT
Repealed by No. 85, 1960, s. 3; inserted by No. 109, 1973, s. 6.
21. (1) The Postmaster-General may make an arrangement with a person under which the postage payable in respect of postal articles to which the arrangement applies posted by that person is to be paid by that person after the articles have been posted.
(2) Subject to sections 6, 6A and 6B of the Post and Telegraph Rates Act 1902-1973, the Postmaster-General may make an arrangement with a person under which the postage payable in respect of postal articles to which the arrangement applies posted by another person is to be paid by the first-mentioned person after the articles have been posted.
(3) Postal articles to which an arrangement under this section applies may be transmitted and delivered before the postage has been paid.
POST AND TELEGRAPH ACT 1901-1973 - SECT. 22.
Redirection.SECT
N.S.W. P.A. Am. Act 1893 s. 21. P.U. Conv. Reg. 25.
22. (1) No additional charge shall be made on prepaid postal articles (other than parcels) re-addressed within the time and in manner prescribed and again forwarded by post within the Commonwealth if the postage originally paid would have been sufficient if the postal article had originally been addressed to its new destination, but if not an additional charge equal to the difference between the amount of postage already prepaid and that which would have been chargeable if the articles had been originally despatched to the new destination shall be made.
(2) Any re-addressed postal articles which appear to have been opened or tampered with shall be chargeable with postage as freshly posted unpaid articles.
Added by No. 109, 1973, s. 7.(3) For the purposes of this section, where a postal article to which an arrangement under section 21 applies is re-addressed, the postage payable in respect of the article before it was re-addressed shall be deemed to have been prepaid.
POST AND TELEGRAPH ACT 1901-1973 - SECT. 23.
Letters, &c., insufficiently prepaid.SECT
N.S.W. P.A. Am. Act 1893 s. 11.
23. (1) Any letter post-card letter-card or packet posted for delivery in the Commonwealth on which the postage is not fully prepaid may be transmitted and delivered, but before delivery there shall be paid double the amount of the deficient postage and the sum to be so paid shall be written on such letter post-card letter-card or packet by an authorized officer.
Provided that postage on loose letters post-cards letter-cards and packets received from masters of vessels shall be collected on delivery at the rate chargeable to the places whence such articles are received.
Added by No. 109, 1973, s. 8.(2) For the purposes of this section, postage payable in respect of postal articles to which an arrangement under section 21 applies shall be deemed to be fully prepaid.
POST AND TELEGRAPH ACT 1901-1973 - SECT. 24.
Petitions to the Governor-General, &c.SECT
N.S.W.P. Act 1867 s. 13.
Amended by No. 216, 1973, s. 3.
24. All petitions and addresses to the Governor-General or to the Governor of any State shall be transmitted and delivered free of charge if such petitions or addresses do not exceed 500 grams in weight respectively and are without covers or in covers open at the ends or sides.
POST AND TELEGRAPH ACT 1901-1973 - SECT. 25.
Postage need not be prepaid on letters or packets containing returns of
births, &c., transmitted by any minister of religion, &c., to appointed
officer.SECT
N.S.W. P. Act 1867 s. 23.
25. It shall not be necessary to prepay the postage upon letters or packets containing only returns of births baptisms marriages and deaths transmitted in compliance with the provisions of the law in that behalf by ministers of religion or other persons whose duty it is to transmit such returns to any officer appointed to receive the same if on the outside thereof it is stated that they contain such returns only and such a statement is signed by the person transmitting the same, but the postage thereon at prepaid rates shall be paid by the said officer on delivery of such letters or packets.
POST AND TELEGRAPH ACT 1901-1973 - SECT. 26.
Powers and duties conferred upon postmasters by State Acts.SECT
26. Where any State Act whether passed before or after the commencement of this Act purports to confer or impose upon postmasters any powers or duties-
(a) with respect to the preparation of lists or rolls of electors for parliamentary or other elections; or
(b) for the purpose of facilitating the voting at such elections,
the Governor-General may at the request of the Governor of the State direct, by order under his hand, that postmasters may exercise such powers and shall perform such duties accordingly; and thereupon postmasters may exercise such powers and perform such duties accordingly, and shall be bound by the provisions of the State Act relating to such powers and duties.
POST AND TELEGRAPH ACT 1901-1973 - SECT. 27.
Postage need not be prepaid on letters or packets containing electoral matter.SECT
27.* It shall not be necessary to prepay the postage upon letters or packets containing only ballot-papers or voting-papers or other electoral documents and sent in compliance with the law in that behalf to any electoral officer of a State, if on the outside thereof they bear a statement, signed by the sender, that they contain such matter only; but the postage thereon at prepaid rates shall be paid by such officer on delivery of the letters or packets.
POST AND TELEGRAPH ACT 1901-1973 - SECT. 28.
Eligibility for registration as a newspaper.SECT
Substituted by No. 70, 1971, s. 4.
28. (1) A publication is not eligible for registration at a General Post Office as a newspaper unless-
(a) it is known and recognised as a newspaper in the generally accepted sense of the word;
(b) it is printed and published in Australia;
(c) it is published in numbers at intervals of not more than one month; and
(d) the full title and date of publication are printed on the outside front cover or, where it has no cover, on the first page of each number.
(2) Notwithstanding anything in the last preceding sub-section, a publication is not eligible for registration at a General Post Office as a newspaper if it is a publication-
(a) that is published by a person whose ordinary business is not that of publishing for purposes incidental to that person's business; and
(b) for which that person makes no charge.
POST AND TELEGRAPH ACT 1901-1973 - SECT. 29.
Registration of newspapers.SECT
N.S.W. P.A. Am. Act 1893 s. 4.
Vict. P.O. Act 1897, s. 7.
Qd. P. & T. Act 1891 ss. 24, 25.
Sub-section (1) amended by No. 45, 1934, s. 2; No. 80, 1950, s. 3; No. 7, 1966, s. 9; and No. 70, 1971, s. 5.
29. (1) The proprietor printer or publisher of a publication that is eligible to be registered at a General Post Office as a newspaper may at such time and in such form and with such particulars as may be prescribed upon payment of a fee of Fifty cents register it at the General Post Office of any State and the Director of such State may from time to time subject to appeal as hereinafter mentioned revise the register and may call upon the proprietor printer or publisher of any publication a posted copy of which contains indecent or obscene matter or which by reason of the proportion of advertisements to other matter therein or for any other reason is not within the description aforesaid to show cause why such publication should not be removed from the register and if sufficient cause be not shown he may remove it accordingly and any publication for the time being on the register shall for the purposes of this Act be deemed a registered newspaper.*
Substituted by No. 70, 1971, s. 5.(2) Separate parts of the register shall be kept for the registration of Category A newspapers, Category B newspapers and Category C newspapers, and a publication that is registered in one of those parts shall be deemed to be registered at a General Post Office as a Category A newspaper, a Category B newspaper or a Category C newspaper, respectively.
Substituted by No. 70, 1971, s. 5; amended by No. 109, 1973, s. 9.(2A) A publication shall not be registered in the part of the register kept for the registration of Category A newspapers unless-
(a) it is published for sale at a specified price, not being a nominal price;
(b) not less than seventy-five per centum of the copies of each number of the publication are sold to bona fide purchasers (including bona fide subscribers); and
(ba) application for its registration was made before 1 October 1973;
and it is-
(c) a publication-
(i) that consists in substantial part of news, information and articles of special interest to people in a country area or country areas; and
(ii) of which the number of copies sold to persons in country areas is substantially greater than the number of copies sold to persons in other areas; or
(d) a publication that-
(i) is published by a religious, charitable or welfare organization; and
(ii) consists in substantial part of news, information and articles concerning the activities of that organization or concerning matters relating to religion, charity or welfare.
Inserted by No. 70, 1971, s. 5.(2AA) For the purposes of paragraph (c) of the last preceding sub-section, ''country area'' means an area in Australia outside the city and suburban areas of the capital cities of the States and of Canberra.
Inserted by No. 70, 1971, s. 5; amended by No. 109, 1973, s. 9.(2AB) A publication shall not be registered in the part of a register kept for the registration of Category A newspapers if it is published by a social, recreational or motorists organization or an organization of employees.
Inserted by No. 109, 1973, s. 9.(2ABA) A publication referred to in paragraph (c) of sub-section (2A) shall not be registered in the part of the register kept for the registration of Category A newspapers unless-
(a) the publication is, and at all times from and including 20 August 1973 has been, printed and published in a country area within the meaning of that paragraph; or
(b) a substantial proportion of the copies of each number of the publication are posted by the proprietor, printer or publisher of the publication to bona fide subscribers in a country area within the meaning of that paragraph.
Inserted by No. 109, 1973, s. 9.(2ABB) Where-
(a) a publication of a kind referred to in paragraph (e) of subsection (2A) of section 29 of the Post and Telegraph Act 1901-1971; or
(b) a publication that, by virtue of sub-section (2ABA), is not to be registered as a Category A newspaper,
was, immediately before the commencement of this sub-section, registered as a Category A newspaper, its registration is not affected by the omission of that paragraph by the Post and Telegraph Act 1973 or affected by the provisions of sub-section (2ABA) but, if it is still so registered immediately before 1 March 1974, its registration shall, on that date, be transferred to the part of the register kept for the registration of Category B newspapers.
Inserted by No. 70, 1971, s. 5; amended by No. 109, 1973, s. 15.(2AC) A publication shall not be registered in the part of the register kept for the registration of Category B newspapers unless-
(a) it is published for bona fide sale at a specified price, not being a nominal price;
(b) not less than seventy-five per centum of the copies of each number of the publication are sold to bona fide purchasers (including bona fide subscribers); and
(c) application for its registration is made not later than 31 December 1971.
Inserted by No. 109, 1973, s. 9.(2ACA) A publication shall not be registered in the part of the register kept for the registration of Category B newspapers if-
(a) being a publication other than a publication to which paragraph (c) of sub-section (2A) applies, it is published in more than three numbers per week; or
(b) it is published by an organization of employers or an organization of persons engaged in, or connected with, a profession or professions.
Inserted by No. 109, 1973, s. 9.(2ACB) Where a publication to which sub-section (2ACA) applies was, immediately before the commencement of this sub-section, registered as a Category B newspaper, its registration is not affected by the provisions of that sub-section but, if it is still so registered immediately before 1 March 1974, its registration shall, on that date, be transferred to the part of the register kept for the registration of Category C newspapers.
Inserted by No. 70, 1971, s. 5.(2AD) A publication shall not be registered in the part of the register kept for the registration of Category C newspapers unless not less than sixty per centum of the copies of each number of the publication is disposed of to persons each of whom is-
(a) a bona fide purchaser;
(b) a bona fide subscriber; or
(c) a person who has placed a written order with the proprietor, printer or publisher of the publication, or an agent of the proprietor, printer or publisher, for the supply of copies of the publication to him otherwise than by way of sale.
Substituted by No. 70, 1971, s. 5; amended by No. 109, 1973, s. 9.(2B) The Director in the State at the General Post Office in which a newspaper is registered may transfer the registration of the newspaper from one part of the register to another part, but the Director shall not exercise his powers under this sub-section adversely to the proprietor, printer or publisher of the newspaper without giving to that person an opportunity of being heard.
Sub-sections (2C) and (2CA) omitted by No. 109, 1973, s. 9.
* * * * * * * *
Inserted by No. 63, 1970, s. 3; amended by No. 216, 1973, s. 3.(2D) A newspaper that is published by or on behalf of the Commonwealth or a State, or by or on behalf of an authority of the Commonwealth or of a State, shall not be registered under this section.
Amended by No. 45, 1934, s. 2; and No. 80, 1950, s. 3.(3) Any Director may refuse to transmit or deliver any issue of a publication if such issue contains indecent or obscene matter.
(4) Any posted newspaper found to contain indecent or obscene matter may be destroyed by order of the Postmaster-General.
Amended by No. 45, 1934, s. 2; No. 80, 1950, s. 3; and No. 216, 1973, s. 3.(5) No action shall be brought against the Postmaster-General or any officer of the department for anything done or purporting to be done under the provisions of this section but any person aggrieved by anything done or purporting to be done by the Postmaster-General or a Director under this section may appeal to the High Court or the Supreme Court of a State by a summons or petition in a summary manner and the Court may decide whether the action taken under this section was justified in law or in fact and may make such order as to restoration to the register or otherwise as may seem just and may award damages and costs or either in its discretion.
Consequence of irregularity.(6) All unregistered or irregularly posted newspapers and all newspapers having any matter which is not a supplement accompanying them shall be treated as packets.
Sub-section (7) omitted by No. 70, 1971, s. 5.
* * * * * * * *
POST AND TELEGRAPH ACT 1901-1973 - SECT. 30.
Postage stamps to be made and sold.SECT
Tas. P.O. Act 1881 s. 28.
30. The Postmaster-General shall with the approval of the Governor-General cause postage stamps to be made and sold indicating such amounts of postage or fees as may in that behalf be directed by the Governor-General.
POST AND TELEGRAPH ACT 1901-1973 - SECT. 31.
Postmasters to keep sufficient supply of stamps.SECT
S.A. P.O. Act 1876 s. 27.
31. Every postmaster shall procure and keep on hand for sale such quantities of postage stamps as the Postmaster-General shall authorize and direct and shall sell the same without premium to any person desirous of purchasing them.
POST AND TELEGRAPH ACT 1901-1973 - SECT. 32.
Prepayment of postage.SECT
S.A. P.O. Act 1876 s. 42.
P.U. Conv. Art 11.
Sub-section (1) amended by No. 70, 1971, s. 6.
32.* (1) Except in cases where prepayment of postage is allowed to be made in money prepayment of postage can be effected only by means of postage stamps valid in the Commonwealth for the correspondence of private individuals.
(2) Official correspondence from the Department relative to the Postal and Telegraphic Service and telegraphic messages upon which all fees payable under this Act have been paid may be transmitted free by post for delivery within the Commonwealth.
POST AND TELEGRAPH ACT 1901-1973 - SECT. 33.
By money in certain cases.SECT
N.S.W. P. Act 1867 s. 19.
33. Notwithstanding the last preceding section whenever it may happen that any postmaster shall not have any postage stamps of the requisite value for sale the postage and fees upon any postal article may be prepaid by money and shall be acknowledged by such postmaster on the face or cover of such article.
POST AND TELEGRAPH ACT 1901-1973 - SECT. 34.
Prepayment of postage in money in prescribed circumstances.SECT
Substituted by No. 70, 1971, s. 7.
34. Prepayment of postage may be made in money in the prescribed circumstances and upon the prescribed conditions.
POST AND TELEGRAPH ACT 1901-1973 - SECT. 35.
Postage stamps, where to be affixed.SECT
N.S.W. P. Act 1867 s. 22.
35. The postage stamps upon all postal articles sent by post shall be impressed or affixed upon the face thereof and near the address written thereon and no postmaster shall be bound to take any notice of stamps which are impressed or affixed elsewhere.
POST AND TELEGRAPH ACT 1901-1973 - SECT. 36.
Postage stamps may be perforated with letters.SECT
Vict. P.O. Act 1890 s. 16.
36. Any person with the permission in writing of the Postmaster-General may perforate postage stamps with such letters figures or design as are prescribed in such writing and stamps so perforated shall not be considered to be defaced within the meaning of this Act and shall be received in payment of any postage fees or dues and telegraph fees, but no stamps so perforated shall be purchased or exchanged by any postmaster or servant of the department.
POST AND TELEGRAPH ACT 1901-1973 - SECT. 37.
Erection of letter pillars, &c.SECT
Vict. P.O. Act 1890 s. 48.
37. The Postmaster-General may cause letter pillars or boxes for the reception of postal articles to be erected and maintained in any public road street or highway or other place.
POST AND TELEGRAPH ACT 1901-1973 - SECT. 38.
Registration.SECT
N.S.W. P. Act 1867 ss. 24, 25.
Vict. P.O. Act 1897 s. 9.
38. (1) Any person who sends any letter packet or newspaper by post shall be entitled to have the same registered at the post office at which it is posted upon payment of the prescribed fee for registration. And all articles required to be registered shall be put into the post office and also be delivered at or between such hours in the day and under such conditions as the Postmaster-General shall appoint.
Acknowledgment of the receipt of registered letters.(2) Any person who sends a registered article by post may obtain an acknowledgment of its due receipt by the person to whom it is addressed by paying the prescribed fee in advance at the time of registration in addition to the registration fee.
Letters, &c., with valuable enclosures must be registered.
Amended by No. 7, 1966, ss. 8 and 9.(3) Where any postmaster or officer has reasonable cause to believe that any unregistered letter or packet contains any valuable enclosure other than money orders or bills of exchange acceptances or promissory notes payable to order cheques or postal orders or postage stamps not exceeding Fifty cents in value such postmaster or officer may register such letter or packet and charge it with double the prescribed fee for registration and the fee to be so paid shall be written on such letter or packet by the postmaster or officer of the post office who registers the same, and such fee shall be paid by the person to whom it is addressed before delivery unless such person before delivery opens the letter in the presence of some postmaster or officer of the post office and it is found not to contain any valuable enclosure in which case such fee shall not be charged.
POST AND TELEGRAPH ACT 1901-1973 - SECT. 39.
Declaration to be made where missing letter, &c., contained valuable
enclosure.SECT
Qd. P. & T. Act 1891 s. 35.
Schedule 2(D).
Amended by No. 109, 1973, s. 15.
39. Any person making a complaint that an unregistered letter or packet containing coin jewellery gems watches or any other valuable enclosure has not been duly delivered to the person to whom it was addressed may be required by the postmaster of the post office at which the complaint is made to make a declaration in the Form D in Schedule 2 and to pay the fee (if any) prescribed before any inquiry is instituted.
POST AND TELEGRAPH ACT 1901-1973 - SECT. 40.
Certain letters, &c., to be deemed posted in contravention of this Act.SECT
Qd. P. & T. Act 1891 s. 36.
40. Every postal article received in a post office-
(a) on which the postage stamps have been previously obliterated or defaced (unless the postage thereon has been prepaid by money); or
(b) which contains an enclosure contrary to the provisions of this Act or the regulations or of any other Act; or
(c) which is posted contrary in any other way to the provisions of this Act or the regulations; or
(d) on the outside of which any profane blasphemous indecent obscene offensive or libellous matter is written or drawn,
shall be deemed to be posted in contravention of this Act.
POST AND TELEGRAPH ACT 1901-1973 - SECT. 41.
Letters, &c., in contravention of this Act, how dealt with.SECT
Qd. P. & T. Act 1891 s. 37.
41. (1) Every postal article-
(a) which is without address or bears an illegible address; or
(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.
Amended by No. 216, 1973, s. 3.(2) Every postal article containing or supposed to contain an enclosure upon which the duties of Customs are payable shall be dealt with in the prescribed manner.
POST AND TELEGRAPH ACT 1901-1973 - SECT. 42.
Power to examine newspapers and packets.SECT
Qd. P. & T. Act 1891 s. 42.
42. (1) The Postmaster-General or his officers may examine any newspaper or packet sent by post without a cover or in a cover open at the ends or sides and bearing less than the letter rate of postage in order to discover whether it was posted in conformity with this Act or the regulations.
(2) The question whether any postal article is entitled to be sent as a newspaper or packet shall if disputed be referred to the Postmaster-General for determination, and his decision shall be final.
POST AND TELEGRAPH ACT 1901-1973 - SECT. 43.
Blasphemous or obscene letters, &c., may be destroyed.SECT
S.A. P.O. Act 1876 s. 45.
Sub-section (1) amended by No. 45, 1934, s. 2; and No. 80, 1950, s. 3.
43. (1) The Postmaster-General or any Director may at any time cause any postal article having anything profane blasphemous indecent obscene offensive or libellous written or drawn on the outside thereof or any obscene enclosure in any postal article to be destroyed.
Amended by No. 45, 1934, s. 2; No. 80, 1950, s. 3; and No. 216, 1973, s. 3.(2) No action shall be brought against the Postmaster-General or any officer of the Department for anything done under the provisions of this section but any person aggrieved by anything done by the Postmaster-General or a Director under this section may appeal to the High Court or to the Supreme Court of a State by summons or petition in a summary manner.
POST AND TELEGRAPH ACT 1901-1973 - SECT. 44.
Indecent pictures, &c., sent by post.SECT
Amended by No. 45, 1934, s. 2; and No. 80, 1950, s. 3.
44. The Postmaster-General or any Director may refuse to transmit or deliver any newspaper packet or parcel containing any article book picture or advertisement or any printed or written matter in the nature of an advertisement, which article book picture advertisement or matter is of an indecent or obscene nature, and may cause any such newspaper packet or parcel to be destroyed.
POST AND TELEGRAPH ACT 1901-1973 - SECT. 45.
Unclaimed and undelivered articles returned from other countries, how dealt
with.SECT
S.A. P.O. Act 1876 s. 35.
45. The Postmaster-General may cause all unclaimed and undelivered postal articles originally posted within the Commonwealth which have been returned from the place to which they were forwarded to be treated as unclaimed articles and opened as hereinafter mentioned.
POST AND TELEGRAPH ACT 1901-1973 - SECT. 46.
Undelivered postal articles.SECT
Substituted by No. 17, 1923, s. 2.
46. (1) Every postal article which remains undelivered at any post office to which it has been transmitted for delivery shall, save as in this Act otherwise provided, be kept thereat for delivery for such time as is prescribed.
Amended by No. 149, 1965, s. 3.(2) As soon as possible after the expiration of the prescribed time the postmaster at every such post office shall transmit to the General Post Office or to such other post office as the Postmaster-General directs every postal article that has been kept for the prescribed time and thereupon every such postal article so transmitted and any postal article which remains undelivered at the General Post Office or at such other post office as the Postmaster-General directs beyond the prescribed time shall be dealt with as in this Act provided.
Sub-section (3) omitted by No. 149, 1965, s. 3.
* * * * * * * *
(4) Notwithstanding anything contained in this Act, when any letter or packet bears an indorsement by the sender to the effect that if it remains undelivered for a certain specified time not less than seven days it may be returned to him, the postmaster at the post office to which the letter or packet has been transmitted for delivery shall, as soon as possible after the time so specified, transmit it to the indorsed address, and, if it be refused at the specified address, it shall be deemed to be undelivered and unclaimed and dealt with accordingly.
(5) Where a postal article (other than a newspaper) posted in the Commonwealth for delivery therein which-
(a) bears on the front of the cover the name and address of the sender, and
(b) does not bear the indorsement referred to in the last preceding sub-section,
remains undelivered, for such time as is prescribed, at the post office to which it has been transmitted for delivery, the postmaster at that post office shall, as soon as possible after the expiration of the time so prescribed, transmit it to the sender at the address specified, and if it be refused at such address it shall be deemed to be undelivered and unclaimed and dealt with accordingly.
(6) Every newspaper which remains undelivered at any post office to which it has been transmitted for delivery shall, upon payment within the prescribed time of the rate of postage applicable to printed papers, be returned to the sender, and, upon the expiration of such prescribed time, every undelivered newspaper, for the return of which such rate of postage has not been paid, shall be dealt with in such a manner as is prescribed.
POST AND TELEGRAPH ACT 1901-1973 - SECT. 47.
Telegrams, letters, &c., at hotels remaining undelivered for one month to be
returned to Post Office.SECT
S.A. P.O. Act 1891 s. 17.
47. (1) All telegrams and postal articles sent by post and addressed to any person at any inn hotel or at any lodging-house or at any house at which lodgers are received and delivered to the occupier or manager of such inn hotel or house shall be deemed to be under the control of the Postmaster-General until delivered to the person to whom the same are addressed, and if the same are not so delivered within one month after the receipt of the same by such occupier or manager and if instructions to the contrary are not received from the person to whom the same are addressed they shall be returned to a letter carrier or to the nearest post office and kept thereat for delivery for such time as may be prescribed and at the expiration of such time shall be transmitted to the General Post Office. All such telegrams and postal articles transmitted to the General Post Office under the provisions of this section shall there be dealt with as undelivered and unclaimed.
Penalty.
Amended by No. 7, 1966, s. 9.(2) Every such occupier or manager wilfully omitting or failing to return any such telegram or postal article as aforesaid shall be liable to a penalty not exceeding Ten dollars.
POST AND TELEGRAPH ACT 1901-1973 - SECT. 48.
How dead letters, &c., disposed of at General Post Office.SECT
N.S.W. P. Act 1867 s. 30.
Amended by No. 17, 1923, s. 3; No. 70, 1971, s. 8; and No. 109, 1973, s. 15.
48. On the receipt at a General Post Office or at a post office directed by the Postmaster-General in pursuance of section 46 of any postal article hereinbefore required to be transmitted to such office such postal article if it was originally posted in the Commonwealth or if it has been posted or contains any enclosure or be reasonably suspected to have been posted or to contain any enclosure in fraud or violation of this Act or of any Act relating to the Customs or of any regulation or order made under the authority of this Act may be opened in the General Post Office in the manner hereinafter mentioned; and every postal article if it was originally posted elsewhere shall except as last aforesaid be returned in accordance with the request of the proper authorities in the country in which it was so posted.
POST AND TELEGRAPH ACT 1901-1973 - SECT. 49.
How or by whom unclaimed or dead letters may be opened.SECT
S.A. P.O. Act 1876 s. 36.
Schedule 2 (B).
Amended by No. 109, 1973, s. 15.
49. Every postal article opened under the provisions of this Act shall be opened in the presence of not less than two officers of the post office nominated for that purpose by the Postmaster-General and every such officer shall before he enters upon his duties in this respect make and subscribe before a justice of the peace a declaration in the Form B in Schedule 2.
POST AND TELEGRAPH ACT 1901-1973 - SECT. 50.
Opened postal articles not containing anything of value, how dealt with.SECT
S.A. P.O. Act 1876 s. 37.
Sub-section (1) amended by No. 17, 1923, s. 4; No. 45, 1934, s. 2; No. 80, 1950. s. 3; No. 7, 1966, s. 9; and No. 109, 1973, s. 15.
50. (1) Every director, and the postmaster at every post office directed by the Postmaster-General in pursuance of section 46, shall cause every detained unclaimed refused and undelivered postal article whatsoever posted in any part of the Commonwealth which has been opened under the provisions of this Act to be forthwith returned to the writer or sender thereof if his name and address can be ascertained by examination of such article, and such writer or sender shall thereupon be liable to pay double the original postage payable thereon if not prepaid; and if such writer or sender refuses to receive any such article the same may be forthwith destroyed, but he shall be liable to pay the postage thereon and on refusal to pay such postage shall be liable to a penalty not less than Four dollars and not exceeding Ten dollars.
39 & 40 Vic. No. 49 South Australia The Post Office Act 1876.
44 & 45 Vic. No. 207 South Australia The Telephone Act 1881.
49 & 50 Vic. No. 370 South Australia The Postal Notes Act 1886.
49 & 50 Vic. No. 374 South Australia The Parcels Post Act 1886.
54 & 55 Vic. No. 535 South Australia Post Office Act 1891.
57 Vic. No. 5 Western Australia The Post and Telegraph Act 1893.
20 Vic. No. 22 Tasmania The Electric Telegraph Act 1857.
45 Vic. No. 13 Tasmania The Post Office Act 1881.
46 Vic. No. 5 Tasmania The Telephone Act 1882.
49 Vic. No. 30 Tasmania The Post Office Act Amendment Act
1885.
52 Vic. No. 42 Tasmania The Post Office Amendment Act
1888.
55 Vic. No. 19 Tasmania The Post Office Act Amendment Act
1891.
59 Vic. No. 18 Tasmania The Post Office Amendment Act
1895.
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POST AND TELEGRAPH ACT 1901-1973 - SCHEDULE 2 SCH
Section 9.
Schedule 2 amended by No. 32, 1968, s. 13; No. 109, 1973, s. 15; and No. 216, 1973, s. 3.
SCHEDULE 2
FORM A
I, A.B., do solemnly and sincerely declare that I will not willingly or knowingly open detain return or delay or cause or suffer to be opened detained returned or delayed any postal article which shall come into my hands power or custody by reason of my employment relating to the Department except by the consent of the person or persons to whom such postal article shall be directed, or by an express warrant in writing for that purpose under the hand of the Postmaster-General or unless otherwise in pursuance and under the authority of any of the provisions in that behalf contained in any Act law or duly authorized regulation of the Department passed and made for or in relation to the postage and conveyance of postal articles. And I further declare that I will be true and faithful in the execution of the telegraph duties intrusted to me, and that I will hold strictly secret all telegraphic or other 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 telegrams or despatches transmitted or intended to be transmitted by telegraph except to the persons to whom such telegrams or despatches may be addressed or to their recognised agents.
Section 49.
FORM B
I, A.B., do solemnly declare that I will not intentionally read the contents or any part of the contents of any postal article which I may open in the discharge of my duty except so far as it may be necessary so to do for the purpose of ascertaining the name and address of the writer or sender of the same; and that I will not divulge to any person whomsoever except to the Postmaster-General upon demand by him any of the contents of any such postal article which may have come to my knowledge in the course of opening and examining the same for the purpose aforesaid.
Form C omitted by No. 32, 1968, s. 13.
* * * * * * * *
Section 39.
FORM D
Declaration of the Particulars Relating to a Missing Letter or Packet Containing
a Valuable Enclosure Unregistered
1. What is the exact address of the
letter or packet? 1. 2. Why was the letter or packet
unregistered? 2. 3. Describe precisely all the contents
of the letter or packet. 3. 4. By whom was the letter or packet
addressed? (Name and address.) 4. 5. Who placed the letter and enclosure
in the cover and how was the cover
fastened? 5. 6. What was the value of the postage
stamp affixed? 6. 7. By whom was the letter or packet
posted and through whose hands did
it pass before it was posted? 7. 8. (1) At what post office was the
letter or packet posted? 8. (1)
(2) On what date? and (2)
(3) At what time? (3) 9. What is the name and address of the
sender of the letter or packet? 9.
I, A.B., residing at in the State of do hereby declare that the answers to the above questions are correct in every particular.
Declared before me at in the State of this day of .
C.D., J.P.
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POST AND TELEGRAPH ACT 1901-1973 - NOTES
NOTES
1. The Post and Telegraph Act 1901-1973 comprises the Post and Telegraph Act 1901 as amended by the other Acts specified in the following table:
----------------------------------------------------------------------------
Number Date of Date of
Act and year Assent commencement
----------------------------------------------------------------------------
Post and Telegraph Act
1901 No. 12, 1901 16 Nov 1901 1 Dec 1901
Commonwealth Public
Service Act 1909 No. 25, 1909 13 Dec 1909 13 Dec 1909
Postal Rates Act 1910 No. 24, 1910 25 Nov 1910 1 May 1911 (a)
Post and Telegraph Act
1910 No. 28, 1910 25 Nov 1910 25 Nov 1910
Post and Telegraph Act
1912 No. 30, 1912 24 Dec 1912 24 Dec 1912
Post and Telegraph Act
1913 No. 23, 1913 19 Dec 1913 19 Dec 1913
Post and Telegraph Act
1916 No. 14, 1916 30 May 1916 30 May 1916
Post and Telegraph Act
1923 No. 17, 1923 1 Sept 1923 1 Sept 1923
Statute Law Revision Act
1934 No. 45, 1934 6 Aug 1934 6 Aug 1934
Defence (Transitional
Provisions) Act 1946 No. 77, 1946 14 Dec 1946 1 Jan 1947
Post and Telegraph Act
1949 No. 35, 1949 13 July 1949 10 Aug 1949
Statute Law Revision Act
1950 No. 80, 1950 16 Dec 1950 31 Dec 1950
Post and Telegraph Act
1960 No. 85, 1960 13 Dec 1960 1 Feb 1961 (b)
Post and Telegraph Act
1961 No. 64, 1961 24 Oct 1961 24 Oct 1961
Post and Telegraph Act
1965 No. 149, 1965 18 Dec 1965 14 Feb 1966
Post and Telegraph Act
1966 No. 7, 1966 29 Apr 1966 (c)
Post and Telegraph Act
1968 No. 32, 1968 13 June 1968 13 June 1968
Post and Telegraph Act
(No. 2) 1968 No. 33, 1968 13 June 1968 1 July 1968
Salaries Act 1968 (d) No. 120, 1968 2 Dec 1968 2 Dec 1968
Post and Telegraph Act
1970 No. 63, 1970 1 Oct 1970 (e)
Post and Telegraph Act
1971 No. 70, 1971 30 Sept 1971 1 Oct 1971
Post and Telegraph Act
1973 No. 109, 1973 29 Sept 1973 1 Oct 1973
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
----------------------------------------------------------------------------
(a) By section 2 of the Postal Rates Act 1910, that Act commenced on a date fixed by Proclamation, viz., 1 May 1911 (see Gazette 1911, p. 1319).
(b) By section 2 of the Post and Telegraph Act 1960, that Act commenced on a date fixed by Proclamation, viz., 1 February 1961 (see Gazette 1961, p. 343).
(c) Section 2 of the Post and Telegraph Act 1966 provides as follows:
''2. (1) Sections 1, 2, 9 and 11 of this Act shall come into operation on the day on which this Act receives the Royal Assent.
''(2) The remaining sections of this Act shall come into operation on the first day of June, One thousand nine hundred and sixty-six.''
Section 10 of that Act provides as follows:
''10. The amendments made by sections 5, 6, 7 and 8 of this Act do not have effect in relation to postal notes issued before the commencement of this section.''
(d) The Salaries Act 1968 was repealed by section 7 of the Statute Law Revision Act 1973. That section provides that the repeal does not affect the operation of any amendment made by a repealed Act or any provision made by it for the citation of an Act as so amended.
(e) Section 2 of the Post and Telegraph Act 1970 provides as follows:
''2. (1) Subject to the next two succeeding sub-sections, this Act shall be deemed to have come into operation on the nineteenth day of August, One thousand nine hundred and seventy.
''(2) Sub-sections (2) and (4) of section 4 of this Act shall come into operation on the first day of October, One thousand nine hundred and seventy.
''(3) Sub-section (3) of section 4 of this Act shall come into operation on the first day of January, One thousand nine hundred and seventy-one.''
Section 11 of the Cocos (Keeling) Islands Act 1955-1973 provides that the Post and Telegraph Act extends to the Territory of Cocos (Keeling) Islands as if that Territory were within the Commonwealth and were a part of the State of Western Australia.
2.-S. 6 (2)-Section 14 of the Remuneration and Allowances Acts 1973 provides that, notwithstanding anything in any other Act, the rate per annum of the salary applicable to the office of Permanent Head of a Department of the Public Service is $29,250 a year, and the rate per annum of the annual allowance applicable to such an office is $1,750 a year.
3.-S. 27-See section 213 of the Commonwealth Electoral Act 1918-1973 and section 38 of the Referendum (Constitution Alteration) Act 1906-1973.
4.-S. 29 (1)-As to newspapers issued in the interests of an unlawful association, see section 30E of the Crimes Act 1914-1973.
5.-S. 32-Sections 4 and 5 of the Post and Telegraph Act 1965 provide as follows:
''4. (1) During the period from and including the fourteenth day of February, One thousand nine hundred and sixty-six, to and including the thirteenth day of February, One thousand nine hundred and sixty-eight, postage stamps indicating an amount in the currency provided for by the Coinage Act 1909-1947 may be used for any purpose for which postage stamps may be used under a law in force in the Commonwealth.
''(2) The equivalent amount in the currency provided for by the Currency Act 1965 to an amount in the currency provided for by the Coinage Act 1909-1947 indicated on a postage stamp shall, subject to the next succeeding sub-section, be calculated on the basis of the equivalents specified in sub-section (4) of section 8 of the Currency Act 1965.
''(3) Where the amount indicated in the currency provided for by the Coinage Act 1907-1947 on a postage stamp is an amount of shillings and pence or pence, the corresponding amount in the currency provided for by the Currency Act 1965 shall be calculated on the basis that an amount of pence specified in the first column in the table set out in sub-section (3) of section 11 of the Currency Act 1965 corresponds to the amount of cents specified in the second column of that table opposite to that amount of pence.
''5. (1) Subject to the next succeeding sub-section, during the period from and including the fourteenth day of February, One thousand nine hundred and sixty-six, to and including the thirteenth day of February, One thousand nine hundred and seventy-one, postage stamps indicating an amount in the currency provided for by the Coinage Act 1909-1947 may be exchanged at a post office for stamps indicating an amount in the currency provided for by the Currency Act 1965 that is calculated in accordance with the last preceding section.
''(2) Postage stamps indicating an amount in the currency provided for by the Coinage Act 1909-1947 may only be so presented for exchange if the total amount indicated on the stamps presented is Sixpence or a multiple of Sixpence.''
6.-S. 41-As to the prohibition from transmission by post of any book, periodical, &c., issued by or in the interests of an unlawful association, see section 30E of the Crimes Act 1914-1973.
7.-Ss. 81A and 128-Sub-section 130A (8) of the Broadcasting and Television Act 1942-1973 provides as follows:
''(8) The provisions of section eighty-one A of the Post and Telegraph Act 1901-1950 do not apply in relation to any use of a telegraph line that is authorized by a permit under this section, and a person is not guilty of an offence against section one hundred and twenty-eight of that Act by reason of the use of that line for the purpose of transmitting television programmes in accordance with the permit or for the purpose of receiving television programmes so transmitted.''
8.-S. 97-Section 11 of the Post and Telegraph Act 1966 provides as follows:
''11. Regulations for the purposes of the Principal Act as amended by this Act may be made at any time after this Act receives the Royal Assent, but any regulations so made before the first day of June, One thousand nine hundred and sixty-six, shall not come into operation before that date.''
9.-S. 97 (1)-Sections 6C and 9 of the Post and Telegraph Rates Act 1902-1973 provide that the power of the Governor-General under section 97 of the Post and Telegraph Act to make regulations shall include power to make regulations for prescribing the matters specified in that section.
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