Postal Regulations 1927 (Amendment) (Cth)

STATUTORY RULES.

1929. No. 124.

 

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 following amended Regulations under the Post and Telegraph Act 1901-1923 to come into operation forthwith.

Dated this nineteenth day of November, 1929.

STONEHAVEN

Governor-General.

By His Excellency’s Command,

J. A. LYONS

Postmaster-General.

 

Amendment of the Postal Regulations.

(Statutory Rules 1927, No. 144, as amended to this date.)

1. Regulations 43 to 60 (both inclusive) are omitted and the following regulations inserted in their stead:—

Franking machines.

43. In regulations 43 to 60 (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.

“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.

Postmaster-General may authorize selling or letting on hire.

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

Requisite attachments.

45. Any franking machine which may be sold, let on hire or used in pursuance of these Regulations shall have attached to or connected with it—

(a)a meter capable of being set at a figure indicating the value of the impressions paid for in advance at the time of the setting and which will accurately record the value of the impressions made by the machine;

 

(b) a device which will automatically operate so as to effectually prevent the use of the machine being continued after impressions to the total value paid for have been made and

shall be of such dimensions and weight as to enable it to be conveniently conveyed to the post office by the user for the purpose of having the meter re-set from time to time.

Application for authority to vend.

46. (1) Application for the authority of the Postmaster-General to vend franking machines shall be made in writing.

(2) The applicant shall—

(a) submit for inspection by the Postmaster-General a sample of 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 sell or let on hire only franking machines conforming in all respects with the sample 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, or alternatively with an approved guarantee company as surety, 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.

Application to sell or let on hire.

47. Application for the authority of the Postmaster-General to sell or let on hire any franking machine shall be made in waiting 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 machine in such detail as may be required by the Postmaster-General.

Dies.

48. 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 to be set before delivery.

49. 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 postage meter at a figure indicating the amount prepaid by the user and has sealed the machine or meter.

Impression to be paid for before meter set.

50. No meter shall be set for the purpose of recording the 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.

Withdrawal or machine for repair.

51. (1) No person to whom a franking machine or meter is tendered 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 he has obtained the authority of an authorized officer.

Application for licence to use.

52. (1) An application for a licence to use a franking machine shall be made in writing, and shall contain a description of the machine in such detail as may be required by the Postmaster-General.

(2) Upon an application under this regulation being accepted, the applicant shall give security by bond with two sureties, or alternatively with an approved guarantee company as surety, 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 the postage meter to accurately record the value of the impressions made by the machine.

Licence to use.

53. (1) The Postmaster-General 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 shall be signed on behalf of the Postmaster-General by an authorized officer.

Revocation of licence.

54. (1) The Postmaster-General may forthwith revoke any licence if—

(a) the licensee commits any breach of those Regulations or of the conditions of the licence;

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

(c) 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.

Refunds.

55. (1) The Postmaster-General or on officer authorized in that behalf may, upon application in writing by the user, make a refund of the amount representing the value of defective impressions, impressions made in error or impressions made on envelopes, covers, wrappers or labels which for adequate reason were not transmitted through the post, but a deduction of five per centum of the face value of the impressions shall be made.

(2) The application for refund shall be made at or before the time of the first setting of the meter after the date of the impression, and the envelopes, covers, wrappers or labels bearing the impressions in respect of which refund is claimed shall accompany the application.

(3) Refund shall be made only when the entire envelopes, covers, wrappers, or labels are produced and only when they bear evidence of the franking impression having been made thereon. In cases where the denomination of the franking impression is illegible, refund shall be made only in respect of the amount of the lowest denomination of impression which the applicant’s machine is capable of making.

Franking machine impressions to indicate postage paid and postmark.

56. Subject to these Regulations a franking machine may be used for—

(a) 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:

(b)postmarking postal articles upon which the value of the postage is impressed by the machine; and

(c) impressing upon postal articles such additional matter as the Postmaster-General approves.

Articles impressed by franking machine irregularly posted.

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

Penalty for breach of conditions of licence.

58. Any person who commits a breach of any condition of a licence granted under these Regulations shall be guilty of an offence. Penalty: Fifty pounds.

Penalty for breach of Regulations.

59. Any person who commits any breach of regulation 49 or regulation 51 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 franking machine the meter attached to or connected with which is not set and sealed by an authorized officer,

shall be guilty of an offence. Penalty: Fifty pounds.

Notice.

60. 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.

2. Regulation 74 is repealed and the following regulation inserted in its stead:—

74. (1) An application to the Postmaster-General for the redirection of a postal article shall be complied with only in cases where the addressee has actually changed his address permanently or temporarily and in the latter case only when the redirection cannot be undertaken by a person at the address at which the addressee resided or carried on business prior to his temporary removal therefrom.

(2) An application for the redirection of any postal article addressed to an address at which the applicant has not previously resided or carried on business shall not be complied with. Unless delivery of such postal article can be made to the addressee or his agent at the address to which it isdirected, it shall be forwarded to the Dead Letter Office for return to the sender.

(3) A charge shall not be made for the redirection of a prepaid postal article (other than a parcel) whether redirected by a postal official, or by an agent of the addressee after delivery, if—

(a) the postage originally paid would have been sufficient if the postal article had originally been addressed to its new destination;

(b) the article redirected by an agent of the addressee is reposted not later than the day (any Sunday or public holiday excepted) after being left at the original address, and does not appear to have been opened or tampered with.

 

(4) If the postage originally prepaid on the redirected article is not sufficient for its transmission from the place of origin to the new destination, the deficient postage shall be collected on delivery at the new destination.

(5.) Fresh postage shall be charged for the redirection of an article when—

(a) the article has not been reposted within the prescribed period; or

(b) the article has the appearance of having been opened or tampered with.

 

By Authority: H. J. Green, Government Printer, Canberra.