Post and Telegraph Regulations 1913 (Amendment) (Cth)

STATUTORY RULES.

1926. No. 91.

 

REGULATIONS UNDER THE POST AND TELEGRAPH ACT 1901-1923.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, do hereby make the following Regulations under the Post and Telegraph Act 1901-1923 to come into operation forthwith.

Dated the thirtieth day of June, 1926.

STONEHAVEN,

Governor-General.

By His Excellency’s Command,

W. G. GIBSON,

Postmaster-General.

Amendment of Post and Telegraph Regulations.

(Statutory Rules 1913, No. 348, as amended to this date.)

After regulation 71 of the Post and Telegraph Regulations the following regulations are inserted:—

Franking Machines.

Definitions.

“71a. In regulations 71a to 71t (both inclusive) of these Regulations, unless the contrary intention appears,

‘Franking machine’ means a machine for making impressions indicating the value of the postage prepaid on postal articles or for postmarking postal articles;

‘Meter’ means a meter which is or may be attached to or connected with a franking machine for the purpose of registering the number of impressions made by the machine, or the value of the postage represented by impressions made by the machine;

‘Person’ includes a firm and company;

‘User’ means a person to whom a licence is granted under these Regulations to use a franking machine;

‘Authorized officer’ means an officer of the Postmaster-General’s Department authorized by the Postmaster-General.

Authority to sell, let on hire, or use franking machines.

“71b. Subject to the provisions of these Regulations, the Postmaster-General may authorize any person to sell, let on hire or use a franking machine.

C.7202.—Price 3d.

 

Types of franking machine which may be used.

“71c. The franking machines which may be used in pursuance of these Regulations—

(a) shall be of such types as the Postmaster-General approves in writing; and

(b) shall have attached to or connected with them meters for the purpose of registering the number of impressions made by the machines, or the value of the postage represented by impressions made by the machine.

Applications for approval of Postmaster-General to franking machines.

“71d.—(1) Application for the approval of the Postmaster-General to any type of franking machine shall be made in writing.

(2) The applicant shall—

(a) submit for inspection by the Postmaster-General the franking machine in respect of which approval is sought; and

(b)give an undertaking in the form required by the Postmaster-General that he will only sell or let on hire franking machines of the type approved by the Postmaster-General, and that he will sell or let on hire such machines only in accordance with these Regulations and the conditions set out in the undertaking; and

(c) give security by bond with two sureties to the satisfaction of the Postmaster-General, in regard to the faithful observance of the provisions of these Regulations and the terms of the undertaking referred to in the last preceding paragraph.

Authority to sell, or let on hire, franking machines.

“71e. Application for the authority of the Postmaster-General to sell or let on hire any franking machines shall be made in writing and shall—

(a)state the name, address and occupation of the person to whom it is proposed to sell or hire the machine; and

(b)contain a description of the meters and dies to be used in connexion with the machine.

Dies for use in franking machines.

“71f. Any die, which may be used in franking machines for making impressions indicating the value of the postage prepaid on postal articles or for postmarking postal articles, shall be of a design approved by the Postmaster-General and shall include in its design such identification number or markings as may be required by the Postmaster-General.

Meters not to be sold or hired unless set and sealed.

“71g. No person shall deliver to a user or an agent of the user any franking machine or meter unless and until an authorized officer has set the meter, if it is non-detachable, at zero or, if it is detachable, at a figure representing the amount prepaid by the user and has sealed the machine or meter.

Meter not to be set until prepayment made for number or value of impressions to be registered.

“71h. No meter shall be set for the purpose of registering the number or value of impressions made by a franking machine unless and until the user has paid to the Postmaster-General the amount representing the number of impressions for which it is to be set, or when permitted so to do by the Postmaster-General has lodged with the Postmaster-General a specified amount in prepayment of postage.

 

Conditions of acceptance of delivery of meter from user.

“71J.—(1) No person to whom a franking machine or meter is delivered by the user for the purpose of repair or any other purpose shall accept it unless and until the meter has been read by an authorized officer.

“(2) The person to whom a franking machine or meter is delivered by the user shall not return it to the user unless and until the Postmaster-General so authorizes.

“(3) Sub-regulations (1) and (2) of this regulation shall not apply to an authorized officer to whom the meter is delivered for the purpose of resetting and resealing.

Application for authority to use franking machine and meters.

“71k.—(1) An application for authority to use a franking machine and meters shall be made in writing and shall contain a description of the dies and meters required in connexion with the use of the machine.

“(2) Upon an application under this regulation being accepted the applicant shall give security by bond with two sureties to the satisfaction of the Postmaster-General, that he will make good to the Postmaster-General any loss to the revenue of the Commonwealth arising from the improper use of any franking machine or meter used by him or the failure of any such machine or meter to properly record the number or value of impressions made by the machine.

Licences for use of franking machines.

“71l.—(1) “Where the Postmaster-General accepts an application for authority to use a franking machine and meters, he may, upon security being given by the applicant in accordance with the last preceding regulation, grant to the applicant a licence to use the machine subject to these Regulations and to such conditions as the Postmaster-General thinks fit.

“(2) A licence granted under this regulation may be signed by the Postmaster-General or by an officer authorized by the Postmaster-General to sign such licences on his behalf.

Revocation and determination of licence.

“71m.—(1) The Postmaster-General may—

(a)forthwith revoke any licence if—

(i) the licensee commits any breach of these Regulations or of the conditions of the licence;

(ii) the franking machine in respect of which the licence is granted proves to be mechanically unsatisfactory; or

(iii) the franking machine is improperly used.

“(2) The Postmaster-General may determine the licence, after giving the licensee fourteen days’ notice of his intention to do so, if, in the opinion of the Postmaster-General, any alteration of the conditions governing the use of franking machines or any other circumstance renders the determination necessary.

Allowance for impressions made in error.

“71n. The Postmaster-General or an officer authorized in that behalf may, upon application in writing by the user, make a refund of the amount representing impressions made in error by any franking machine (less a deduction of five per centum of the face value of the impression), upon the surrender of the envelopes, covers, wrappers or labels on which the impressions are made, provided the

 

impressions are legible and the entire envelopes, covers, wrappers or labels are produced and surrendered within three months after the date of impressing.

“71p. Subject to these Regulations a franking machine may be used for making impressions indicating the value of the postage prepaid on all postal articles (except parcels) posted in the Commonwealth for delivery within or beyond the Commonwealth and for postmarking postal articles upon which the value of the postage is impressed by the machine.

Surcharge of postal articles impressed with postage and improperly posted.

“71q. Any postal articles impressed by a franking machine and posted in contravention of the conditions specified in the licence shall be deemed to be a postal article on which the postage is unpaid and shall be surcharged accordingly.

Breach of conditions of licence.

“71r. Any person who commits a breach of any condition of a licence granted under these Regulations shall be guilty of an offence against these Regulations and shall be liable on conviction to a penalty not exceeding Fifty pounds.

Offences.

“71s. Any person who commits any breach of regulation 71g or regulation 71j of these Regulations, or

(a)uses a franking machine to which a meter set and sealed by an authorized officer is not attached or connected; or

(b)uses a meter for registering the number or value of impressions made by a franking machine which is not set and sealed by an authorized officer,

shall be guilty of an offence against these Regulations and shall be liable on conviction to a penalty not exceeding Fifty pounds.

Notices under Regulations and licences.

“71t. Any notice to the user under these Regulations or under any licence granted in pursuance of these Regulations shall be sufficiently given if notified to the user in a letter or writing left at or sent by post addressed to the address specified in the licence or the user’s last-known place of abode or usual place of abode or business.”

 

Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.