Postage Acts Amendment Act 1893 (NSW)

No. XXXI.

PO STAH K

A c t s An Act to amend the law rehitim** to the Post

A MKN IOIKNT.

Ottice; to jn’ovide for the issue of Postal Notes, and for the exemiAion of the stmie from Sttimp D ntv; and for other ])iir])Oses in eonneetion thcTewith. [18̂ /̂ June, 1898.]

T~>E it enaetf'd dy tlie Queen's ]\Iost Excellent IMajesty, l)v and Avitk _13 the advice and consent of the Lcg’islativ(' Oonncil and Ixig’is- lath'e Assenihly of New South Wales in Parliament assembled, and by tlu' authority of the same, as follows :—

('oiniiioiicciiK'nl. and

title. 1. 'I'liis Act ]uay be cited as the “ Postage .Vets Anumdinent Act, 181)3,” and shall come into force on the first day of July, one thousand eight hundred and ninety-three, 'wliich day is in this Act referred to as the commencement of this Act.

hi lerpretalioii	of	2. In this Act—
teniis.

“ Govcrnor-in-Conncil” means the Governor with the advice of

the Executive Council.

“ Prescribed” means prescribed by this Act or the regulations

mad(' thereunder.

“ Principal Act ” means the “ Postage Act, 1807.”

Definition of news- .3. Any publication coming within the following' description

pa])('r and su]»[)le- sliall, for the ])iirposes of this Act, be doomed a new spaper, that is to say, any publication which consists wholly or principally ol‘ political or other news, or of articles relating thereto, or to other current topics with or Avithont advertisements, provided—

(c)	1'hat it be published in the Colony in numbers at intervals not excei'ding one month.
(b)	That the full title and date of publication be printed at the top ot the first page, and the Avholc or jiart of tlie title and the date at tlu' top of every subsequent page.

And the following shall for the purposes of this Act lie deemed

a supplemeut to a lu'wspaper, that is to say, a public^ation consisting

Avholly or in great part of matter like that of a newspaper, or of

advertisements,

1803. 56'’ VIC. ]Vo. 31. 110

Foal age Acta Amendment.

uclvcTtiscmciits, priuted on paper stitched or unstitclicd; or Avlioliy or in 2>art of cngra\dngs, prints, or litliographs illustrative of articles iji the newspaper : Provided that such publication as aforesaid he in every case ])ublished Avith the newspaper, and haA"e the title and date of publication printed at the top of every ])age; or, if it consists of engravings, prints, or lithographs, at the top of every sluiet or side.

I. The pi-oprietoi' or printer of any ncAvspaper may at such Kofiisiruiion of news­

time, and in such form, and Avith such particulars as may he ])re- scribed n])on ])aymcnt of a fee of live shillings, register it at the Gcjieral Post Otlicc', and the Postmaster-General may from time to

time revise tlu' regist(!r and rennove therefrom any publication AAdiich

l)y reason of tlie propoi-tion of adAO'rtiscmcnts to other matter therein or for any other reason is not Ai ilhin the description al'ori'said, and any ])ul)lication for the time being on the register shall for the purposes of this Act be deemed a registered neAvspaper.

5. ISio news])aper shall be entitled to free transmission under Free ii-ansmission

si'ction tAvo of the Act tbirty-scAxuith Victoria number one, unless such newspajier and every su]>plement thereto hav'e been printed in N gav Sontli AVbih's from type set up in NeAv South Wales, or from stereotyped plat('s made therefrom, and sucli neAvspaper has been registered in accoi-dance Avith the preceding section, and the Postmaster-General is luu'idiy ('m])0Avered to require from the sender of any ncAvspapcr claiming eximqition from postagi' satisfactory proof that the neAvspaper and siqiphnnent have lieen yirinted as herein provided.

6. The ex('ni])tion from postage conferred by section tAA "0 of the ’̂ê siiapcrs roturuoa

Act thirty-seventh Victoria number one shall not extend to iieAvspajiers Avhich an; b(;ing returned by any ncAvs agent or  endor of ncA spaj)crs to the proprietor or editor, or any person connected A\dth the manage­ ment thereof ; but such ncAVspaper shall he carried and delivered subject to such terms and conditions and such rates of postage' as may be prescribc'd.

7. The GoA'crnor-in-Council may cause jiost cards and stam])cd I’os't

ciwelopes to beprepare'd and issued, and may, by notice in the G(fzette,

make sucli regulations as he may think fit to make for the transmission

of the same by post, for the dc'livery thereof, for the return thereof

in certain cases to the sendi'r, and for other mattersin connection	’
thcrcAvith.

8. (i) Evf'iy letter, packi't, and neAVsjiajier which remains lAKiaimod iciteis,

undelivered at the General Post Othce or at any post office to aa IucIi

flic same has been trasmitted for delivery shall, sa\m as in this or som to Gincini Post

the Principal Act otherAAose provided, be kept thereat for delivery for

such time as may b(' prescribed. And as soon as possible alt(;r the

('xpiration of such time the postmaster at every such post office as

aforesaid shall transmit to the General Post Office every letter, packet,

and ncAvspaper that has been kept for the prescribed time, and there-

uyion every such letter, packet, and neAvspayier so transmitted as

aforesaid, and any letter, yiacket, orneAvspaper Avhichreinains undeliAi'red

at the Gi'neral Iffist Ollice beyond the yirescribcd time shall hi; dealt

Avith as in the Principal Act yirovided Avith regard to letters, packets,

and ncAA'.spapc'rs required by tin' .said Act to lie transmitted to the

General Po.st Office.

(ri) When on any h'tter or jiacket there is an indorsement PcHeis, .v-., miiy i*

by tlu' sender to the elfect that if such letter or packet pemains

umh'livered for a certain specilied time, not less than ten days, it may thereon,

be n'tiiriu'd to liini, the yiostmaster at the post office to Avliich the

saiiK' has bt'cn transmitti'd for delivc'iy shall, if it remains nndelivt'red

i'or till' tiling so .specitied fortliAvith transmit the same to the General

Post Ollice. Therenpon any such letter or packet so transmitted as

aforesaid.

120 No. 31. 56̂ VIC. 1893.

Postage Acts Amendment.

aforesaid, and any sueli letter or packet wliieli remains undelivered at the General Post Office for the time so specified shall, unless the same he reasonahly suspected to have been posted, or to contain any enclosure, in fraud or violation of this or the Principal Act oi‘ tiny regulation thereunder, or of any Act relating to the Customs, shall he returned to the sender thereof; hut, if he ri'fuse to receive the same, it may he opened, and it and its contents may be dealt witli and disposed of in the prescribed manner, and the sender shall he liable to pay any postage and fees due thereon, and such postage tind fees may he recovered summarily before a stipendiary or police magistrate or any two justices of the peace.

Heavy loiters,	!). Every postmaster may refuse to receive, or to transmit by
packets, and news-

))apers may be	post, any letter, packet, or iiewspaper exceeding the weight 2)rescribc(l,
refused.	or of inconvenii'iit form or dimensions, or containing or reasonably sus]H'cted to contain any article likely to injuri' any person or the contents of tlie mail hags.

Poslng(! to be pre­ 10. Exce])t as expressly jirovidedliy this or the Principal Act, or by

paid by stamps. arrangement made Avitli the Postmaster-General in the United Kingdom, or with the ju'opcr authorities of any British ])oss('ssion or foreign country, the postage upon every letter, packet, and newspaper, and all fees (if any) upon eviny letter, packet, and ni'wspajx'r shall he pri'paid by affixing thereon postage stamps not obliterated or defaced.

Town and country	11.	I f any letterorpackd jiosted for delivery in XewSouth Wales
letters and packets

insufficiently prepaid. bears insufficient or no postage stamps, or is not prepaid by money, it shall nevertheless he regularly transmitted and delivered, hut liefore such delivery there shall he paid double tlie amount of postage Avhieh shall have been omitted to be prejiaid, and the sum to he so paid sliall he written on such letter or packet hy the postmaster Avho transmits the same : Provided that postage on loose letters received from masters of vessels from places beyond the Colony may ho collected on deliA'cry, at the rate chargeable to the ]ilace Avhence such letters arc reeeh'cd.

Prepayment of 12. NoGvithstanding anything in this or the Principal Act, it

jjostage.	shall he larApul for the Postmaster-Gcmual to authorise any postmaster or other officer of the post office to accept money in payment in eases where a large quantity of letters, ]iackets, or ncAvspapers are brought to the ])Ost liy or on behalf of one person or firm, hut the postmaster or other officer shall he reij^uired to demand and receive in money in respect of each letter, packet, or newspaper the full amount of postage to AAdiich it shall be liable, and to mark the same as prepaid.
Payments to master
of vessel.	13. Every master or person in charge of any A'essel about to depart from any port in NeAV South Wales to any other port or place, Avho shall receive on hoard thereof any mail-bag, mail-box, or mail- parcel, fertile purpose of con A’eying the same according to the direction thereof, shall he entitlc'd immediately to demand and receiAC from the person tendering or delivering the same for the carriage thereof pay­ ment at such rates as may from time to time he prescribed. But nothing herein contained shall entitle the master or person in charge of any Amssel under contract for the carriage of mails to receive any payment as aforesaid.
Arrival and
departure of vessels.	14. KotAvithstanding anything in sections forty-six and fifty of the Principal Act, it shall be laAvful for the Postmaster-General, in cases of Aussels which are knoAvn or reasonably believed to have no mails on hoard, to authorise the jiroiier otiicer of the Customs to permit any such vcssids arrmng at any port in N cav South Wales to report Avithout I'equiriug the declaration to be signed, and tlu; certificate to be deliA'ered, as provided by section forty-six ot‘ the said A ct; and it shall be in the discretion of the Postmaster-General to

require

1893. 56̂ ViO. No. 31. 121

Fosta(je A c Is Amendment.

require less than twenta'-l'our hours uotie<; of the intended departures of vessels if he shall he of opinion that tlie fall jieriod of twenty-four hours, as provided in section lifty of tlie I’rincijial Act, is not necessary in the piihlic inleri'st.

15. The Governor-in-Council may estahlish a parcel }>ost for the i"arcei pan.

Iransmission and didivcry of ])arcels not excec'ding'fifty pounds in v ei^lit, and may, for that ])ur])ose, hy notice in the C/c.ct'/'A', make, rescind, and alter ri'yailations prescrihiu^' the conditions under Avliich such parcels may he received, transmitti'd, delivered, ridurned to the senders, or otlimavise disjiosed of, and lixin^' (he rates or fees to be charg'cd for the transmission, delivery, return, insurance, or registration of such jiarcels, and jirescrihiug the manner in Avhich such rates or fees are to he paid, and the arrangi'ments as to the colh'ction of any customs duties, or any other duties or lees which may lawfully he payable in respect of any such ])arc('l.

10. The Governor-in-C()uncil may, for the transmission of small n,-t:uiatioPs for issuo

sums through the ]iost office, hy notice in t he Gazette, make regulations for th(' issue, ])aym('ut, and cancellation of transferable orders for the jiayimnit of (‘crtain tixc'd amounts not ('xciM'diug twenty shillings. Such orders shall not hi' suhji'ct to stain]) duty and shall be called postal Armiigenionts for

notes. The Goveruoi'-in-Cotincil may make arrangement s Avith of portal authorities of any I’ritish possession or fbri'ign country, for the ri'cljirocal jiayment of postal notes by means of the ])ost ofiice, and for the accounting for and transmission of moneys connected therewith. And in ri's])('ct of all sucli ])ostal notes, th.e Jkistmaster-Geni'ral shall charge and levy' a commission a! such rate as may he ])n'scrihed, and all moneys received on account of such commission shall be ])aid into the Treasury' and form ]>art of the Consolidated llcvenue Eund. JAery' such ])ostal note shall he di'emed a valuable security Avithin the meaning of any' ,Vct no\A' or hereafter in Ibree relative' to larceny, and the ])i'osecution for and ])unishment of that offence.

17. No moiK'v oi'der shall he' granted for a larger sum than Amount imd eou of

t wenty ̂ pounds, and. afte'r the' comme'nce'ment of this Act. the Lhest- maste'r-Genei'a 1 or other oHice'i' in charge' of the' Meeiu'y'Order Office

may^ h o y anel I'ce'e'ive in ]'e's])e'ct e)f all money' eu'de'rs issiu'd a com-

inission at such rate) as mav he' prese'rihe'el, anel such commission shall be	.
])aid intei the'Treasury anel form ])art oftlie' Cenisolielatedllcvenue Eund.
18. hf'fters, packe'ts, e>r news[)a[)('rs cemtaining indecent or Prohibition from obsce'ne ])ublications, Avritings, ])rints, ])aiutings, phettographs, iifdt)-

gra])hs, engraA'ings, betoks, cards, e>r other articles or matter of an	’	’ •
indecent or obscene' chanu'ter, anel the' cenrtents of such letters, packets,
or neAA spapt'rs, Avhethcr t he same be [)osted intheColony^ etr elsewhere,
shall fe)i' the jmrposes and Avithin the meaning of this anel the Principal Act he; demnetd to have been posted, and to be in fraud and A’iolation e)f the said Ae,*ts. Post-cards and parcels shall for the purpose of this section be deemeel packets.

19. If the Postmaster-Gene'ral has at any time reaseniable Prohibition from ground to suppose any ])orson to he; engageel in receiving any' m o n e y ‘”1 loumos,

&c.,through tJie post.

e)r valuable thing as or for the; consideration for any assurance, under­ taking, ])romise, eer agreement ex]>ress('d or implied to pa,v or give, or to pi'ocure or induct' auv other pi'rson to pay or give, any money or valuable thing on anŷ event or contingency of or relating to any horse-ract', or other race, or any* light, game, sport, or exercise, or to be engaged in promoting or carrying out any scheme connected Avith any such assurance, undertaking, promise, or agreement as aforesaid, or any lottt'ry, game of chance, or unhiAvful game, or in receiving money under pretence of foretelling future eveuts, or to be engaged in any illegal or fraudulent business or undertaking, then the said

Postmaster- G eneral

122 No. 31. 56 VIC. 1893.

Postage Acts Amendment.

Postmaster-General may, if lie think fit, hy notification in tlie Gazette, order that no letter, packet, newspaper, or parcel, addrc.sscd to any such person, either hy his own or any fictitious or assumed name, or to any address without a name shall he registered or delivered to any such person. The notification shall specify every name, whether real, fictitious, or assumed, and eviuy address in res]iect of which tlie order is made ; and the order shall ujion notification thereof continue in force until the Postmaster-General shall cancel it, whicli he is hereliy empowered to do hy notice in the Gazette; and if while such order is in force any letter addressed to any such person hy any name, or to any address, so specified as aforesaid, he received at any post ofiice, it sliall not he delivered to the person to Avhoni or at the address to which it is addressed, hut shall at once he sent to the dead letter office in Sydney, and shall, if it were originally posted in Kew South Wales, he opened, and immediately returned to the sender, or if not originally posted in Xew South Wales he returned unopened to the colony or country Avlumce it originally came. Wliile such order is in force no money order shall he issued in favour of any person with respect to u hom the order has heen made, and no money order shall be paid to any such person. But nothing in this section shall have any application to any association legalised hy tlu; Act fourteenth Victoria, numher thirteen.

llepeal of

enactments.

20. Prom the commencement of this Act, the following sections of the Princi[>al Act shall he and the same arc hereby repealed, that is t(i say sections eight, nine, tAvelve, fifteen, eighteen, twenty, so much of section twenty-seven as is contrary to the ])rovisions of this Act, sections twenty-eight, twenty-nine, forty, and forty-eight, and also so much of section two of the Act thirty-seventh of Victoria numher one, as is inconsistent Avith the provisions of this Act.

No additional

postage required on 21. No charge shall he made on letters and packets readdressed

readdressed letters. before delAery and again foravaixled hy post.

Regulations. 22. The GoA’crnor-in-Coirncil may from time to time, hy notice in

the Gazette, make regulations for the lA'gistration of ncAvspapers under this Act, for fixing the terms and conditions of the conveyance and deliA'ory of newspapers, and the rates of postage payable in respect of iieAVspapers printed abroad and ])osted in the Colony or planted and registered in the Colony and posted after the expiration of sermn days from the date thereof, or in res]icct of neAvspapers falling Avithin the proA'isions of section six, provided that in the case of such last- mentioned iiewstAapers the rate of postage shall not exceed one half­ penny for each neAvspaper; for fixing the time for Avhich unclaimed letters, packets, and ncAvspapcr.s shall he kept for delivery at the General or any post ofiice; for fixing the maximum Avoight of letters, neAvspapers, and packets ; for the disposal of the contents of letters Avhich havm heen returned to the sender, and Avhich the sender refuses to receive ; for fixing the rates payable to the masters of vessels for the carriage of mails, and the rate of commission payable on the issue of money orders; and generally for the purpose of

Penalty. carrying out the provisions of this A c t; and may impo.se a penalty not exceeding fifty pounds for the breach of any regulation under this Act, which penalty may ho recovered hy summary procedure before any Stipendiary or Police Magistrate.

No. X X X II.