Post and Telegraph Regulations (Amendment) (Cth)

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STATUTORY RULES.

1924. No. 53.

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, hereby make the undermentioned amended Regulations under the Post and Telegraph Act 1901‑1923, to come into operation on and from 1st July, 1924.

Dated this eighteenth day of April, 1924.

FORSTER,

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.)

1. Regulations 182 to 192 inclusive are repealed and the following regulations inserted in their stead:—

“182. The distinctive marking of a registered article shall be a red line drawn lengthwise and across the front and back of the article, and no postal article which is a marked shall be transmitted otherwise than by registered post.

Registered Articles Posted in the Commonwealth for Delivery therein (not including Papua, Lord Howe Island, Norfolk Island, or the Islands comprising the Territory Mandated to the Commonwealth).

“183. (1) Any postal article complying, with the regulations relating thereto shall, except as provided by sub‑regulations (2) and (3) of this regulation, be accepted for registration upon payment of the prescribed registration fee in addition to the correct amount of postage.

“(2) Postal articles addressed in pencil (except copying‑ink pencil) shall not be accepted for registration, and postal articles addressed to initials or to a fictitious name shall not be accepted for registration unless addressed to the care of some person or firm

“(3) No postal articles shall be accepted for registration unless the cover is in a sound condition, and the special conditions relating to packing of registered articles are complied with. Under no circumstances shall an article be accepted for registration if selvedge stamp paper or other gummed paper is attached to the cover for the purpose of sealing the article, or if the article bears the appearance of having been opened and re‑sealed.

C.2732.—Price 3d.

 

“184. To be eligible for transmission by registered post an article shall be carefully and substantially packed with due regard to the nature of the contents and, except as prescribed in the next succeeding regulation, shall be secured in the following manner:—

(a) If the article tendered for registration is contained in an envelope, the envelope shall be securely fastened with wax, gum or other adhesive substance. An envelope with black or coloured borders shall not be used. The envelope shall be closed and sealed, in such a manner that no portion of its contents can be removed without external and visible damage to the envelope; and

(b) If the article tendered for registration is contained in a cover other than an envelope, the cover shall be securely fastened with wax, gum, or other adhesive substance in such a way that it cannot be opened without leaving obvious traces of violation.

“185. The provisions of paragraphs (a) and (b) of the last preceding regulation shall not apply to articles eligible for transmission at the rates of postage proscribed for second and third class mail matter and for parcels unless—

(a) a registration fee in excess of Threepence is paid; and

(b) in the case of a value payable parcel, a registration fee in addition to the prescribed commission is paid.

“186. Registered articles bearing postage at the rates prescribed for second or third class mail matter or for parcels shall not contain any communication in the nature of actual or personal correspondence. For the purpose of satisfying himself that this regulation has been complied with, the Postmaster at the office of delivery may if he thinks fit require the addressee of a registered article to open the article in his presence.

“187. (1) The regulations in regard to the make up of ordinary postal articles shall, so far as they are applicable, apply to registered articles.

“(2) Packages containing watches (except those in nickel or other base metal covers), jewellery or any article of gold or silver shall be enclosed in strong boxes or cases which must be securely fastened in wrappers of linen, canvas or strong paper or other substantial material, and the address shall be written on the cover of the package.

“(3) When coin is enclosed in an article it shall be packed in such a manner that it cannot move about.

“188. If. in the case of any article tendered for registration the officer to whom it is tendered is of opinion that the provisions of the regulations in regard to packing and fastening have not been complied with, he shall refuse registration of the article, but this regulation shall not affect the liability of the sender of the article for the proper packing and fastening thereof, and in no case shall the Postmaster‑General be liable for loss or damage arising from defects in packing or fastening.

“189. Subject to the regulations relating thereto, compensation may be paid by the Postmaster‑General for the loss of a registered article or for damage rifling or loss of the contents or portion of the contents of a registered article while it is in course of transmission through the post.

 

“190. The registration fees payable (in addition to postage) on articles other than value payable parcels, shall be as set out in the first column of the table hereunder, and the maximum amounts of compensation payable shall be the amounts respectively set forth in the second column of the table opposite the registration fees.

Registration Fee.

Maximum Amount of Compensation.

3d. ...............................................

4d. ...............................................

6d. ...............................................

9d. ...............................................

1s. 9d. ...............................................

1s. 3d. ...............................................

1s. 6d. ...............................................

£2

£5

£10

£20

£30

£40

£50

“191. (1) The registration fees payable on value payable parcels shall be as set out in the first column of the table hereunder, and the maximum amounts of compensation payable shall be the amounts respectively set forth in the second column of the table opposite the registration fees.

Registration Fee.

Maximum Amount of Compensation.

1d. ...............................................

3d. ...............................................

9d. ...............................................

9d. ...............................................

1s. 0d................................................

1s. 3d................................................

£5

£10

£20

£30

£40

£50

“(2) The fees set out in this regulation are in addition to postage and to the prescribed commission (which includes a registration fee of Threepence).

“192. (1) Registration fees shall be prepaid in postage stamps which shall in each case be affixed to the article by the sender together with the postage stamps in prepayment of postage.

“(2) An official receipt or certificate of posting, or both, as the Postmaster‑General determines, shall be issued to the sender in respect of each article registered.

“193. The payment of a registration fee of Threepence on a registered article other than a value payable parcel, and of the prescribed commission on a value payable parcel shall not entitle the sender to compensation except in the case of the loss of the entire article or parcel.

“194. (1) A claim for compensation shall be accompanied by—

(a) the official receipt or certificate of posting issued to the sender of the article;

(b) a statutory declaration made by the claimant setting forth the circumstances upon which the claim is based; and

(c) a statutory declaration made by the addressee, or by some person who is acquainted with the facts, confirming the statements made by the claimant in regard to the loss of or damage to the article.

 

“(2) In the case of articles containing banknotes, cheques, money orders, postal notes, bills of exchange, bonds, or other order or authority for the payment of money or security for money particulars sufficient for their identification shall be furnished.

“(3) The Postmaster‑General or the Deputy Postmaster‑General may if he thinks fit require additional evidence as to the nature or value of the contents of an article or as to the loss of or damage to an article.

“195. When the official receipt or the certificate of posting cannot be produced, evidence in support of a claim for compensation may be given by statutory declaration made by or on behalf of the claimant setting forth—

(a) the date when and the place, where the article was posted so far as this information can reasonably be ascertained.

(b) a description of the article and its value so far as known to the claimant.

(c) particulars of the circumstances on which the claim for compensation is based; and

(d) any other particulars tending to establish the loss, of or damage to the article and to verify the claim made.

“196. No application for compensation shall be entertained unless made within three months after the date of posting of the registered article concerned.

“197. No compensation shall be paid in respect of a postal article which has been compulsorily registered, or in respect of a registered article containing anything not legally transmissible by past, or anything transmissible only at a rate of postage higher than that at which the article was transmitted, or when loss or damage arises from an act of God or the King’s enemies or from causes beyond control, (e.g., tempest, shipwreck, earthquake, war, or fire).

“198. No compensation, shall be paid for injury or damage alleged to have been sustained in consequence of loss, damage, delay, non‑delivery, or misdelivery of a registered article.

“199. No compensation shall be paid, except as an act of grace, in respect of a registered article which has been delivered without external trace of injury or which has been accepted by the addressee without complaint as to its condition as prescribed in regulation 212.

“200. No compensation shall be paid unless the Postmaster‑General is satisfied that the loss or damage occurred in the post and did not arise wholly or in part through the fault of the sender.

“201. (1) The compensation paid shall not in any case exceed the value of the article lost or the amount of the damage sustained, and, if that amount exceeds the maximum amount payable under regulation 190 or 191 then the compensation shall not exceed the maximum amount so payable.

“(2) In the case of claims for the loss of the contents or portion of the contents of a postal article, the Postmaster‑General may reinstate the contents of the article instead of paying compensation.

“202. Compensation in respect of coin enclosed in a registered article shall in no case exceed Two pounds.

 

“203. In the case of registered articles containing liquids or semi‑liquids, perishable articles, such as eggs, butter, flowers, fruit, confectionery, &c., articles of fragile nature, such as glassware, millinery, &c., or articles transmitted by parcels post at the rate of postage prescribed for ‘fragile’ and ‘perishable’ parcels, no compensation shall be paid except in the event of the loss of the entire registered article.

“204. After compensation has been paid in respect of the loss of a registered article the Postmaster‑General may dispose of the article as he thinks fit should it subsequently come into his hands.

“205. If a registered article posted in the Commonwealth is re‑directed to a place beyond the Commonwealth compensation in respect of loss or damage occurring to the article after it has left the Commonwealth may be paid in accordance with the conditions applicable to articles addressed to other countries, but not otherwise.

“206. The final decision on all questions of compensation shall rest with the Postmaster‑General, and no legal liability to give compensation in respect of any registered article shall attach to him either personally or in his official capacity.

Registered Articles for or from a Place Beyond the Commonwealth (including Papua, Lord Howe Island, Norfolk Island, and the Islands comprising the Territory Mandated to the Commonwealth).

“207. (1) Any postal article (other than a parcel) complying with the regulations relating thereto, shall except as provided by sub‑regulations (2) and (3) of this regulation, be accepted for registration upon payment of the prescribed registration fee in addition to the correct amount of postage.

(2) No postal article addressed in pencil (except copying‑ink pencil) or to initials shall be accepted for registration.

(3) No postal article shall be accepted for registration unless the cover is in a sound condition. Under no circumstances shall an article be accepted for registration if selvedge stamp paper or other gummed paper is attached to the cover for the purpose of sealing the article, or if the article bears the appearance of having been opened and re‑sealed.

“ 208. (1) The registration fee payable in addition to the postage on a registered article addressed to a place beyond the Commonwealth shall be Threepence and except as provided in regulation 209 no compensation shall be loss or damage of such articles.

“(2) The registration fee shall be prepaid in postage stamps which shall be affixed to the article by the sender together with the postage stamps in prepayment of postage.

“(3) An official receipt shall be issued to the sender in respect of each article registered.

“209. (1) If it is proved to the satisfaction of the Postmaster‑General that a registered article addressed to or received from a place beyond the Commonwealth has been lost while in his custody, the Postmaster‑General may pay to the sender an indemnity not exceeding Two pounds but no indemnity shall be payable in cases where the loss or damage arises from causes beyond control (e.g., tempest, shipwreck, earthquake, war, or fire).

 

“(2) No compensation shall be paid under this regulation except in the case of the loss of the entire article; and no claim will be admitted unless made within a year after the article was duly posted.

“(3) No compensation shall be paid for the loss of registered articles the contents of which are prohibited by the Universal Postal Convention for the time being in force from transmission by post.

“210. The procedure to be followed in regard to claims for compensation in respect of registered articles sent to or received from a place beyond the Commonwealth shall be similar to that prescribed in connexion with registered articles posted in the Commonwealth for delivery therein.

Delivery of Registered Articles.

“211. (1) When no direction in writing to the contrary has been received, a registered article for a husband may be delivered to his wife, and a registered article for a wife may be delivered to her husband, and a registered article for a member of a family may be delivered to any responsible member of the same family (other than a young child) living in the same house.

“(2) Except as set forth in the last preceding sub‑regulation, a registered article shall not be delivered to any person other than—

(a) the addressee in person; or

(b) a person authorized by a written order from the addressee to receive delivery of registered articles on his behalf; or

(c) in the case of business establishments, public institutions, hotels, and lodging‑houses, the proprietor, or managers or some person authorized in writing by the proprietor or manager to receive delivery of mail matter at such places; or

(d) a person to whose care the registered article is addressed; or

(e) a person authorized by power of attorney to conduct business on the addressee’s behalf.

“(3) An order under paragraph (b) of the last preceding sub‑regulation must bear the date on which it was made, and the addressee’s address and the name of the person to whose favour it is made. A specimen signature of the person to whose favour the order is made must also appear on the order, and the order must be delivered to the Postmaster or other proper officer.

“(4) Notwithstanding anything contained in sub‑regulations (1) and (2) of this regulation, in all cases where the sender pays the prescribed fee to obtain an acknowledgment of delivery of the article, as provided by sub‑section (2) of section 38 of the Post and Telegraph Act 1901‑1923, delivery of a registered article posted in the Commonwealth shall be made only to the addressee. In such cases the sender may indorse the cover of the article with the words ‘To be delivered to addressee only.’

“212. In the event of the addressee desiring to complain that the contents or portion of the contents of a registered article‑delivered to him have been abstracted, lost or damaged in, the post he shall, forthwith submit the article as nearly as possible in the condition in which it was received from the office of delivery for examination by the Postmaster or some other responsible officer at the office of delivery.

Acknowledgment of Delivery of Registered Articles—Registered Articles Posted in the Commonwealth for Delivery therein.

“213. (1) The sender of a registered article may obtain an acknowledgment of its due delivery to the addressee by paying in advance, at the time of registration, a fee of Threepence in addition to the postage and registration fee.

“(2) The sender must enter, in the form provided for the purpose both his own name and address and the name and address of the person to whom the article is sent, and he must also affix to the form in payment of the fee a postage stamp of the value of Threepence which the Postmaster or other officer must cancel in the ordinary way.

Registered Articles Posted in the Commonwealth for Delivery in Places Beyond the Commonwealth.

“214. The conditions governing, acknowledgment of delivery of registered articles posted in the Commonwealth for delivery therein shall also apply in the case of registered articles for delivery in places beyond the Commonwealth, except that the fee shall be Threepence when the acknowledgment of delivery is applied for at the time of posting, and Sixpence when the acknowledgment of delivery is applied for subsequently to the time of posting, and, in the latter case, the postage stamps representing the fee must be affixed to a special form and not to the acknowledgment of delivery form.”

2. Regulation 221 of the Post and Telegraph Regulations is amended by omitting sub‑regulations (2) and (3) thereof and inserting in their stead the following sub‑regulations:—

“(2) Should an article which is transmissible through the post only as a parcel be posted in a posting box or pillar instead of being, handed in at the parcels post office in the prescribed manner it shall be regarded as irregularly posted and dealt with as follows:—

(a) If for delivery within the Commonwealth the parcel shall if it bears sufficient address and is properly packed, be forwarded to its destination but double the amount of any deficiency of postage shall be charged on delivery; and

(b) If addressed to a place beyond the Commonwealth the parcel shall be detained, and, if practicable, a notice shall be forwarded to the sender requiring him to complete the necessary Customs declaration and pay the deficient postage, if any, on the parcel and the postage on the notice sent to him. If the name and address of the sender cannot be ascertained—

(i) if the parcel is addressed to the Union of South Africa or New Zealand and bears a sufficient address and is properly packed, it may be forwarded, but double the amount of any deficiency of postage shall be charged on delivery; and

(ii) in other cases a notice shall be sent to the addressee informing him of the detention of the parcel and the reason therefor and that

 

on the receipt of the amount of the deficiency of postage (if any) and the postage on the notice the parcel will be forwarded.

“(3) If an irregularly posted parcel be not properly packed it shall if possible be returned to the sender upon payment, in the case of parcels addressed to a place within the Commonwealth, of a fee of Sixpence.

“(4) Should an irregularly posted parcel not bear an address sufficient to permit of its despatch to destination, a notice shall if possible be sent to the sender informing him that on furnishing the requisite address and on payment of the deficient postage, if any, on the parcel and of the postage on the notice sent to him, the parcel will be forwarded to destination.”

3. Regulation 223 of the Post and Telegraph Regulations is repealed and the following regulation inserted in its stead:—

“223. (1) A certificate of posting of an unregistered parcel or any number of unregistered parcels posted at the one time by the same person or firm may be obtained without charge. The form must in all cases be filled in by the sender or his representative and handed in at the parcels post office with the parcel or parcels.

“(2) The sender of an unregistered parcel addressed to a place within the Commonwealth may obtain an acknowledgment of its delivery to the addressee or other person to whom it is delivered by paying at the time of posting a fee of Threepence in addition to the postage. The sender must enter the necessary particulars in the form provided and affix to the form in payment of the fee postage stamps to the value of Threepence.”

4. Regulation 241 of the Post and Telegraph Regulations is repealed, and the following regulation inserted in its stead:—

Postmaster‑General not Responsible for Loss or Damage of Unregistered and Uninsured Parcels.

“241. The Postmaster‑General shall not be responsible for damage to, delay, non‑transmission, non‑delivery, or loss of any parcel, but in the case of insured and registered parcels he may pay compensation for loss or damage as prescribed by the regulations relating to those matters.”

5. Regulation 264 of the Post and Telegraph Regulations is amended by omitting sub‑regulation (2) thereof and inserting in its stead the following sub‑regulation:—

“(2) The commission charge shall include a registration fee of Threepence and shall cover the service involved in the collection of the amount from the addressee and payment of that amount to the sender of the parcel.”

6. Regulation 267 of the Post and Telegraph Regulations is amended by omitting therefrom the words “under registered cover”.

7. Regulation 271 of the Post and Telegraph Regulations is repealed.

 

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

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