Post Office Act 1891 (SA)

ANNO QUINQUAGESIMO QUARTO ET QUINQUA-

GES'TMO QUINTO

A.D. 1891.

No. 535.

An Act to amend " The Post Office Act, 1876," and for

other purposes.

[Assented to, December rpth, 1891.1

HEREAS it is expedient to amend '' The Post Office Act, Preamble.

W 1876," and other Acts relating to the Post Office and Electric Telegraphs-Be it thcrefore Znacted by the Govcrllnr of the Pro-

vince of South Australia, with the advice and consent of the

Legislative Council and House of Assembly of the said province, in this present Parliament assembled, as follows:

1, This A et may be cited for all purposcs as the G Post Office Short title and

A-535

Act, 1891," and shall come into operation on the first day of Act.	commencement of
January, one thousand eight hundred and ninety-two.

2, This Act, so far as is consistent with the tenor thereof, shall Incorporation.

be construed as onc with " The Post Office Act, 2876," hereinafter

called the principal Act, and The Parcels Post Act, 18b6,"

3, Sections 19, 21, 86, 87, 88, and 9 1 of the principal Act are, Repeal.

and the whole of the c'E'ost Office Act Amendment Act, 1881," is,

hereby repealed.

4, The expression "post office " in this Act shall mean any house, Deflnitiom.

building, room, carriage, or place where postal packets, as defined by this Act, or any of them, are, by the permission or under the authority of the Postmaster-General or Superintendent of Telegraphs, received, delivered, sorted, or made up, or from which such packets, or any of them, are,

by

54' & 55" VICTORIW, No. 535. L

Post Ofice Act.-- 189 1.

by the authority of the Pos tmas ter-General or Superin- tendent of Telegraphs, dispatched, and shall include any post office letter-box:

'L'he expression " post office letter-box " in this Act shall include any pillar box, wall box, or other box or receptacle provided by the permission or under the authority of the Postmaster- General or Superintendent of Telegraphs for the purpose

of receiving postal packets, or any of them, for transmission

by or under the authority of the Postmaster-General or

Sup erintendent of Telegraphs:

Thc exprcssion " elcctric telegraph" in this Act means any wire or cord used for telegraphic or telephonic conirnunication, including any casing, coating, tube or. pipe enclosi~~g the same, and any posts, masts or piers, standard, stay, strut, or other contrivance for suspending or supporting any such wire or cord, m d any apparatus connected therewith or used for the transmission of messages or other conlmunications by means of electric signals; also any cables, pneumatic or other

. tube, under the superintendence of the Supelintendent of Telegraphs:

The expression "postal packet" in this Act means a letter, post card, circular, registered newspaper, packet, hook packet, or parcel, and every article which is not for the time being prohibited by law from being sent by post, from the time of its bring delivcred to a post office to the time of its being delivered to the person to whom it is addressed, arld includes a telegram; and a delivery of a postal packet of any descrip- tiou to a letter carrier or other person authorised to receive postal packets of that description for the post shall be a delivery to the post office; and it dclivcry at the house or office of the person to whom the postal packet is addressed, or to him, or to his servant, or agent, or other person con-

ing to the usual manner of delivering that person's postal	sidered to be authorised to receive the postal packet, accord-
packets, shall be a delivery to the person addressed:

The expression " newspaper" in the principal Act, so far as it relates to newspapers posted in t,he said province, shall be deemed to mean a newspaper registered under the provisions of section 7 of this Act.

The expression '' Minister " shall mean the Minister for the time being administering the Postal and Telegraph Department of the province.

Certain publioations 5, Any publication coming within the following description shall,

to be deemed new-

papere.

for the purposes of this Act, be deemed a newspaper, that is to say,

any publication consisting wholly or in great part of political or

other news, or of articles relating thereto or to other current topics,

with or without advertisements, subject to these conditions-

That

54O & 55' VICTORIE, No. 535.

Post Ofice Act.--1891.

That it be printed and published in numbers, at intervals of not more thm one month:

That it h n ~ e the full title and date of publication printed at the top of the first page, and the whole or part of the title and the date of publicat~on printed at the top of every subsequent page:

And thc following shall, far the purposes of this Act, be deemed a supplement to a newspaper, that is to say, a publication consisting wholly or in great part of matter likc that of a newspaper or of advertisements, or wholly or in part of engravings, prints, or lithographs illustrative of ar ticlcs in thc newspaper; such publica- tion in every case being published with tllr newspaper and having the t,itle and date of publication of the newspaper printed at the top of every pa,ge, or at the top of every sheet or side on which any such engraving, print, or lithograph appears. Any other matter, such as almanacs, handbills, &c,, accompanying a, newspaper shall not be deemed a supplement.

6. All unrrgistered or irregularly posted newspapers, and all TJnre~iatercdpapOra* &C., may be treated

newspapers having any matter which is not a supplement accom- as packets.

panying them, shall be treated as packets.

7. Any ne w spaper within the deswiption aforesaid may be Registration of news- papers at post office.

registered at the Gcncrd Post Officc in Adelaide, at such time in each gear, and in such form, and with such particulars, as the Governor may by regulation from time to timc direct, upon payment of an annual fee of Five Shillings.

The Minister may from time to time revise the register and remove tlwefronl any pnblication. not being a newspaper, and may refuse t o transmit or deliver any publication which contains seditious, blasphemous, or obscene words,

There shall be an appea,l to the Supreme Court from every

decision under this section.

-Any publication for the time being on the register shall for the

purposes of this Act be deemed a registered newspaper.

8. On and after the first day of January, one thousand eight PoetBge~n newspapers.

hundred and ninety-two: registered newspapers may be sent by post between places in the province at the following rates of post age-

On each number or copy of a registered news- paper, with or without a supplement. and whether singly or in packets of two or more :-

If not exceeding ten ounces in weight ... One IIdfpenny

If exceeding ten ounces in weight, for the

first ten ounces and for every additional

ten ounces or fractional t-,a.rt of ten

ounces. . . . . . . ,. .. . . . . . .. . . . ... .. ,. . .. .. .. One IIalfpenn y

0 11

54' & 55' VICTORIW, No. 535.

Post Ofice Act.-1891.

-- -

On every bulk parcel not exceeding fourteen pounds in weight, two feet in length, one faot in breadth, or one foot in depth, and containing not less than four registe~ed news- papers, with or without supplements, and posted by the publisher or ariy newsvendor,

per pound ... ... . .. ... .,. .. .. .. ... ... ... . .. . . . One Penny

Newspapers under

arrangement or 9, A newspaper registered under the provisions of section 7 of

convention.	this Act shall be deemed a newspaper for the purposes of any arrangement or convention between the Governor and the Post- master-General of the United Kingdom, or the constituted authorities
of any British possession or foreign country, for securing advantages
for newspapers sent by post, and be subject to such rates of postage and to such regulations as may be mutually agreed to under such arrangement or convention.

Weight and size of 10, In lieu of sectisu 21 of the principal Act, hereby repealed, is

parcels limited.	substituted the following, that is to my-The Governor may from time to time, by regulation, fix the weight and dimensions of packets and parcels by ordinary post: Provided that no pacliet or parcel by ordinary post shall excecd one pound in weight, or, if a book packet, seven pounds in weight; nor bc of greater dimensions in any one way than two feet in length by one foot ill width arid one foot in depth; nor shall there bc in or upon any parcel or the cover thereof any letter or epistolary conimunicntioil or intelligence whatever; and provided that every packet or parcel shall be open
for inspcc tion.
Not necessary to
expose list of	11, Section 33 of the principal Act is hereby amended by the insertion after the word " thereof" of t.he words " excepting news-
unclaimed news-
papers.	papers."

Money odem may be 12, Section 58 of the principal Act is hereby amended by the

granted up to Twenty

Pounds.	substitution of the word "	'l'wcnty " in thc place of the word	Ten."
Postage on circulars

and bulk parcels of 13, Notwithstanding anything in section 11 of the principal Act

newspapers may be

contained, it $hall be lawfill for the Minister7 subject to such

paid collectively.

terms and conditions as mav be prescribed from time to time by regulations made by the ~bverno;., to authorise any postmaster or other officer of the post office to allow any one pcrson or firm posting large numbers of circulars for delivery within the provincc, or of bulk parcels of newspapers, to pay the postage on such circulars or bulk parcels by means of postage stampsaffixed to an approved docket, such stamps to be obliterated or cancelled by the sender writing his name or initials on such stamps in the presence of such postmaster or other officer.

Letter &Lets may 14. Notwithstanding anything in the principal Act contained,

where request to sender when any postal. packet bears an indorsement to the effect that if i t

@iomect,

remains undelivered for R specified time it m:ity be returned to a

specified

5 4 O & 55' VICTORIZ, No. 535.

Post Oflce Act.-1891. - -. --- --

specified address, the postmaster at the post office to which the same has been transmitted for delivery shall, as soon as possible after the time specified, transmit it to such indorsed address, sur-

" charged with the amount of the postage thereon to the place or country of de~t~ination: And if it be refused at such indorsed address it shall be deemed to be undelivered and unclaimed, and dealt with accordingly, and the sender shall be liable to pay any postage or fees surcharged thereon.

master, 01. officer of the post office, or whei,e any postmaster or mustberegiatered. 15. In any case where it comes to the knowledge of any post- 322=$''~~,

officer .of the post office his reasonable cause to GelLve that anv postal packet ilosted in the province, but not registered under thk provisions of section 31 of the principal Act, or any postal packct recelved from but not registered abroad, contains any money or other valuable enclosure, such postmaster or officer shall register such postal packet, and charge i t with double the ordinary fee for rrgistration; and the sum to be SO paid shd1 be written in a stamp impressed on such postal packet by the postmaster or officer who registers thc samc; and such fee shall hc paid by the person to whom such postal packet is addressed before delivery, unless such person before such delivery open the same ill the presence of some postmaster or officer of the post office, and it be found not to contain money or other valuable euclosure, in which case such fee shall be remitted: Provided that negotiable instruments payable to order, bank notes, post office money orders, and postal notes shall not be deemed valuable enclosures within the mealling of this section.

Booka and documente

l. 1 1 Postmaster-General and the Superinteudent of Tele- dearmled

graph" each as regards his own departme~lt, may from t iae to time after five sears.

order the destruction, in such manner as he thinks fit, of any books of record, telegraphic n~essages, telegraph tape, letter bills, registered letter receipts, money orders, returns, requisitions, orders for delivery of lctters or letters to the department, or any othcr document or the

butts thereof, provided that tlu: same have not heen pri~ited,written,

or prepared wlthin thc period of five years from the date of such order. And Her Majesty, and the Postmaster-General, and the Superintendent of Telegraphs, or any officer of the Post Office or Tclcgraph Department, sllall not be accountable in any manner to any person for any books or documents so destxoyrd, and no claim for damages shall arise to any person by reason of any such destruction.

17. All telegrams, lctters, packets, parcels, and newspapers, sent Telegfam~y l e t h p

&C., at hotele, remain-

by 110" and addressed to any person at any inn, hotel, or premises ing undelivered for

licenscd under 'The Licensed Victuallers Act, 1880," or any other ~ ~ ~ ~ ~ $ s t ~ f i C e,

Act in force relating to licensed victuallers, or at any lodging- house or at any houseat which lodgers are received, and received b y t.he occupier or manager of such inn, hotel, or licensed premises or house, at ally time after the commeilcenient of this Act, shall be deemed to be under the control of the Poatznaster-General until

delivered

54" & 55" VICTORIW, No. 535.

- Post Ofice Act.-- 1891.

delivered to the person to whom the same are addressed; and if the same are not so delivered within two months 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 the nearest post office, or to the letter carrier from whom they were received, and to be thence transmitted to the General Post Office. A l l such telegrams, letters, pnckets, parcels, and newspapers, transmitted to the General Post Office under the provisions of this section, shall there be dealt with as

undelivered telegrams, lcttcrs, pi~clrets, parcels, and newspapers.

Penalty. Every such occnpier or manager wilfally omitting or failing to returl; any such telegram, letter, packet, parcel, or newspaper, as aforesaid, shall be guilty of an offence, and: on conviction therefor before a Special Magistrate or two Justices, be liable to a pena,lty of not exceeding Five Pounds.

Gratuities to mastem 18, The words in 'section 51 of the principal Act from the

ance of to words One Pcnny " to the word '' excepted," both inclusive, are	of veasels for convey-
fixed by regulation. hereby repealed, and in lieu thereof are substituted the words

follo~bin~,-that is to say-" paymeilt at rates from time to time fixed and determined by the Governor by regulations in that behalf made for all inland and foreign postal packets contuiued therein."

~ostmaster-General	19, Notwithstanding	anything in section 53 of the principal Act,
may accept short

i t shall be in thc discretion of the Postn~astwGoneral to accept, in

notice of time of

sailing.

cases in which he is of opinion the public interest will not thereby

suffer, notices of shorter period than by the said section required.

Emotion of letter- 20, The Postmaster General may from time to time cause post

boxes.

office letter-boxes to be erected and maintained in any public roads,

streets, or highways.

Urgent telegrams.

21, Notwithstanding anything contained in section 7 of an Act to regulate the constructior~ and management of Electric Telegraphs,

No. 6 of 1857, urgent telegraphic messages, on which double fees have been paid, shall be transmrttcd in preference to any message, or despatch, or co~nruunication other than such messages or despatches as are referred to in the proviso to the said section.

Blaephemoue,	22,	Any officer, clerk, or operator employed in the working of any
mditiom, obscene, or

a 0 8 n ~ a l o u s m e ~ ~ a ~ s

line of electric telegraph may refuse to receive or transmit any

may be refused.

message of a blasphemous, seditious, obscene, or scandalous character

in its contents, address, or signature.

Trees obetruating

talegraph lines may 23, Such trees and underwood as obstruct, or, in the opinion of

be cut or lopped.	the superintendent of Telegraphs or other officer duly authorised by him, are likely to interfere with the proper working of any line
of communication by electric telegraph, if growing upon any lands of the Crown, or upon any road, street, or highwav, may be cut down or lopped by the said Superintendent or such kiicer, as may
be deemed necessary; and if growing upon private lands within

twenty

54' & 55' VICTORIE, No. 535.

Post Oflce Act.-1891.

twenty feet of any such line, then the proprietor or occupier of such private lands shall cut down or lop the same as and when required so to do by the said Superintendent or such officer; - and upon default the said Superintendent or such ofticer may enter upon the said private lands and cause such trees and underwood to be cut or lopped as may be deemed necessary, and this Act shall be sufficient to indemnify the said Superintendent and his oficera, servants, agents, and workmen, and a11 other persons whomsoevel., for what he or any of them shall reasonably do by virtue of the powers by this section granted.

24, If any person wilfully sends or delivers, or causes to be sent Penalties for sending false talegrams.

or delivered to any public officer, operator, clerk, or servant! for the purpose of being transmitted as a telcgraphic message, any message or writing which purports to be signed or sent by any other person, the same being so signed or sent without such perso~i's authority, or wrongfully signs any telegraphic lriessage with the name of any other person without such person's authority, or with the name of some fictitious person, or wilfully and without the authority of the sender alter any such message or writing, or writes, issues, or delivers a document purporting to be a telegram received through a telegraph office, and which was not so received, he shall be liable to a penalty not exceeding Fifty Pounds, or to imprisonment with or without hard labor for any term not exceeding one year, or both.

25, The Governor may from timc to time make, in relation to post oaiceregulations.

postal packets, such regulations as he thinks fit for all or any of the

following purposes:

For prescribing and regulating the times and modes of posting

and delivery:

For regulating the affixing of postage stamps: For regulating the nature and form of covers:

For prohibiting and restricting the printing or writing of marks,

or communications, or words:

For prohibiting unauthorised enclosures:

And such other regulations as from time to time seem expedient for the better execution of this Act and the Acts hereby amended: Provided that all existing post office regulations shall continue in force until revoked; and that until othcr regulations relative to registered newspapers be made under the powers herein contained in lieu thereof, the regulations contained in the Schedule A hereto

shall be in force.

28. A person shall not place or attempt to place in or against Prohibition of placing

any post office letter-box any fire, any match, any light, any explo- in O, against post injurious subatancee

sive substance, any dangerous substance, any filth, any noxious or ~ ~ ~ ~ l e t t e r - b o x ~ t & c -

deleterious substance, or any fluid, and shall not commit a nuisance

54' & 5 5 O VICTORIE, No. 535. P - p . - P

Post Ofice Act.-l89 1.

\ --

in or against any post office letter-box, and shall not do or attempt

to do anything likely to injure the box, appurtenances, or contents.

Any person who acts in contravcntion of this section shall be liable to a penalty not exceeding Twenty Pounds, or to imprison- ment with or without hard labor for any period not exceeding six months.

Prohibition of sending

by post explosive, 27, I. A person shall not send, or attempt to send, a postal

inflammable, or dele-

packet which either-

terSous substances,

or indecent prints,

(a) Encloses any explosive substance, any inflammable substance, any dangerous substance, any filth, any noxious or dcleterious substance, any poison, any sharp instrument not properly protected, any living creature which is either noxious or likely to injure other postal packets in course of conveyance or an officer of the post office, or any article or thing whatsoever which is likely to injure either other

words, &c.

,

postal packets in course of conveyance or an officer of the

post office; or

( b ) Encloses any indecent or obscene print, painting, photograph, lithograph, engraviug, book or card, or any indecent or obscene article, whether similar to the above or not; or

(c) Has on such packet or on the cover thereof any words,

marks, or designs of an indecent, obscene, or grossly

offensive character.

11. Any person who acts in contravention of this section shall be liable to a penalty not exceeding One Hundred Pounds, or to imprisonment with or without hard labor for a period not exceeding twelve months.

III. The detention in the post office of a,ny postal packet on the ground of its being in contravention of this section shall not exempt the sender thereof frotn any proceedings which might have been

taken if the same had been delivered in due course of post.

Prohibition of

aflixing 28. A person shall not, without due authority, affix or attempt

placarde, notices, &C.,

on post office or letter-	to affix any placard, advertisement, notice, list, document, board, or
box, &c.	thing on, or paint or tar any post office, post office letter-box, telegraph post, or other property belonging to or used by or on behalf of the Postmaster-General or to the Superintendent of Tele- graphs, and shall not in any way disfigure any such office, box, post, or property. Any person who acts in contravention of this section shall be liable to a penalty not exceeding One Pound, or to im- prisonment with or without hard labor for a period not exceeding one month.
tion of post office

Prohibition of imita- 29, I. A person shall not, without due authority-

~tarnpa, envelopes,

forms, and marks.

( a ) Make, issue, or send by post or otherwise, any envelope,

wrapper, card, form, or paper in imitation of one issued

Post Ofice Act.- 189 1.

by or under the authority of the Postmaster-General, or of the Imperial or any colonial or foreign postal authority, or having thereon any words, letters, or marks which signify or imply, or may reasonably lead the recipient to believe, that a postal packet bearing the same is sent on Her Majesty's service; or

( b ) Make on any envelope, wrapper, card, form, or paper, for

the purpose of being issued or sent by post or otherwise, or otherwise used, any mark in imitation of or similar to, or purporting to be, any stamp or mark of any post office under the Postmaster-General, or under the Imperial or

any colonial or foreign postal authority; or any words,

letters, or marks which signify or imply, or may reasonably lead the recipient thereof' to believe, that a postd packet bearing the same is sent on Her Majesty's service; or

(c) Issue or send by post or otherwise any envelope, wrapper, card, form, or paper so marked.

11. A person who acts in contravention of this section shall be

liable to a penalty not exceeding Fifty Pounds, or to imprisonment, with or without hard labor, for any period not exceeding six months.

30, A person shall not-

Prohibition of

dctitiour stampa.

( a ) Make, knowingly utter, deal in, or sell any fictitious stamp,

or knowingly use for any postal purpose any fictitious

stamp; or

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

fictitious stamp; or

(C)

Make, or, unless he shows a lawful excuse, have in his pos-

session, any die, plate, instrument, or materials for making

Any person who acts in contravention of this section shall be liable any fictitious atamp.	to a penalty not exceeding Fifty Pounds, or to imprisonment with
or without hard labor for any period not exceeding six months.
Any stamp, die, plate, instrument, or materials found in the possession of any person, in contravention of this section, may be seized and shall be forfeited.
For the purposes of this section "fictitious stamp" means any tacsimile, or imitation, OF representation, whether on paper or other- wise, of any stamp for denoting any rate of postage, whether of any
of Her Majesty's dominions or of any foreign country.

31. I. Any person who wilfully obstructs, or incites anyone to Commi~d~n of

obstruct, an officer of the Post and Telegraph Department in the ~ $ :pa ; ~ ~ ~ ~

execution of his duty, or who whilst in any post or telegraph office; officera of f i s t O W C ~,

or within any premises belonging to any post or telegraph office or

B-h35 used

3.0 54' & 55' VICTORIJE, No." 535.

Post O J c e Act.-189 1.

used therewith, obstructs the course of business of the post or tele- graph office, shall be liable to a penalty not exceeding Five Pounds.

rr, Any officer of the post or telegraph office may require any

person guilty of an offence under this section to leave a post or telegraph office or any such premises as aforesaid, and if such person

fails or refuses to comply with such request such person shall be

liable to a further penalty not exceeding Ten Pounds, and may be removed by any officer of the post or telegraph office; and all con- stables are required on demand to remove or assist in removing every such person.

Declaration by	32, Every officer emplo~cd	in the telegraph department shall,
Telegraph officers.

before he enters upon his duties, make and subscribe before a Justice of the Peace a declaration in the form contained in Schedule B to this Act annexed; and if any such officer acts contrary to such declaration he shall be guilty of a misdemeanor, and on conviction shall be liable to be imprisoned with or without hard labor for any period not exceeding six months

Saving clause as to 33, This Act shall not exempt any person from any proceeding

liability. for an offence which is punishable at common law, or under some Act other than this Act: Provided that no person be tried or punished twice for the same offence.

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

KINTORE, Governor.

SCHEDULES

Post Oflce Act.--1891.

SCHEDUI,ES REFERRED TO.

SCHEDULE A.

Regulations in relation to Transmission of Registered Newpapera.

1. Every such newspaper shall be folded so as to expose the title to view.

2. When posted in a cover, such cover must be opcn at both ends, so as to admit besides the title of the paper, a memorandum that the same is registered as a news- 26-

of the contents being casily withdrawn for examination, and shall not bear anything

paper, and the name and address of the sender and of the person to whom it is

addressed.

SCHEDULE B.

Declarution by Oflcers of the Tedegrap h Department.

I, A.B., do declare that I will be true and faithful in the execution of the d u t i e ~ flea. 32.

entrusted to me, and that I will hold strictl? secret all telegraphic or other corn- munications that may pass through me in the performance of my duties. 1 also further declare that I will not divulge any information, directly or indirectly, respecting any messages or despatches transmitted, or intended to be transmitted, by electric telegraph, except to the persons to whom such messages or despatches may

be addressed, or to their recognised agents.

Declared before me, one of Her Majesty's Justices of the Peace, at

, this day of , 18 .

, J.P.

-- p

Adelaide : By authority, C. E. BRIBTOW, Oo~ernment Printer, North-terrace.