Postal Regulations 1927 (Amendment) (Cth)

STATUTORY RULES.

1930. No. 85.

 

REGULATIONS UNDER THE POST AND TELEGRAPH ACT 1901-1923.

I, THE DEPUTY OF THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the under-mentioned Regulations, under the Post and Telegraph Act 1901-1923, to come into operation on and from 4th August, 1930.

Dated this thirty-first day of July 1930.

Deputy of the Governor-General.

By His Excellency’s Command,

Postmaster-General.

 

Amendment of the Postal Regulations.

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

1. Regulations 1 to 33 are repealed and the following regulations inserted in their stead:—

PART I.—PRELIMINARY.

1. These Regulations may be cited as the Postal Regulations.

2. These Regulations are divided into Parts as follows:—

Part I.—Preliminary.

Part II.—First Class Mail Matter.

Part III.—Second Class Mail Matter.

Part IV.—Third Class Mail Matter.

Part V.—Packing.

Part VI.—Postage.

Part VII.—Delivery and Re-direction of Mail Matter and Treatment of Undelivered Mail Matter.

Part VIII.—Prohibited Articles.

Part IX.—Postage Stamps.

Part X.—Private Posting Boxes.

Part XI—Private Boxes.

Part XII.—Private Mail Bags.

Part XIII.—Registration.

Part XIV.—Parcels (Fourth Class Mail Matter).

Part XV.—Insurance of Parcels.

Part XVI.—Cash on Delivery Post.

Part XVII.—Money Orders.

Part XVIII.—Postal Notes.

Part XIX.—Miscellaneous.

 

3. In these Regulations, unless the contrary intention appears—

“The Act” means the Post and Telegraph Act 1901-1923 as amended from time to time.

“The Rates Act” means the Post and Telegraph Rates Act 1902-1930 as amended from time to time.

3a. An article other than a parcel containing enclosures liable to different rates of postage shall be treated as if the whole contents were in the same category as the portion to which the highest rate is applicable, and if the postage has not been fully prepaid at the rate prescribed for such portion the article shall be surcharged at such rate:

Provided that on a letter and article of the second class posted in a dual envelope in accordance with the requirements of the Postmaster-General, the postage charged shall be that applicable respectively to the letter and the second class article.

PART II.—FIRST CLASS MAIL MATTER.

4. First class mail matter shall consist of letters, letter cards, and post cards.

5. Any article of convenient shape and size which is eligible for transmission through the post may be accepted for transmission as a letter.

6. Except as is expressly permitted under the conditions relating to the several classes of mail matter, any postal article which bears or contains any communication having the nature of actual or personal correspondence or which is closed against inspection shall be transmitted by post only as a letter.

7.—(1.) A post card to be eligible for transmission at the rate prescribed for post cards shall comply with the following conditions:—

(a) It shall be posted without envelope or wrapper;

(b) The name and address of the addressee shall appear on the front;

(c) Only the back and the left half of the front shall be used for actual or personal correspondence, and nothing beyond the name and address of the addressee shall appear on the right half of the front;

(d)Any attachment shall consist of paper or other very thin substance and adhere completely to the card, and shall not be of such a nature as to alter the character of the post card. Stamps (other than those in prepayment of postage) liable to be mistaken for postage stamps may be affixed only to the back;

(e) Nothing in the nature of samples of merchandise or similar articles shall be affixed or attached;

(f) It shall be made of cardboard or paper stout enough to be easily handled in the post;

(g)Its dimensions shall be not less than 4 inches long and 2¾ inches wide, and not more than 5½ inches long and 3½ inches wide; and

(h) A reply post card shall not be closed up in any manner whatsoever.

(2.) A post card not fulfilling the prescribed condition shall be treated as a letter.

8. Cards of the varieties known as “tinselled” and beaded” and cards with “pearling” decorations shall not be transmissible through the post unless enclosed in envelopes.

PART III—SECOND CLASS MAIL MATTER.

9. Second Class Mail Matter shall comprise Commercial Papers; Printed Papers (including books, periodicals and newspapers not registered at a General Post Office); Catalogues; Patterns; Samples; and Merchandise.

 

10.—(1.) An article having the character of actual or personal correspondence or bearing or containing anything of such character or which is closed against inspection (except as is expressly permitted under the conditions relating to certain postal articles) shall not be eligible for transmission as Second Class Mail Matter; and any article which is posted contrary to the provisions of this regulation shall be treated as an insufficiently prepaid letter.

(2.) If on receiving an article which has been surcharged as an insufficiently prepaid letter owing to its being closed against inspection the addressee opens it in the presence of the postmaster and it is found to contain nothing of the nature of actual or personal correspondence, the surcharge imposed on account of its being closed against inspection may be remitted.

11. The sender of an unregistered postal article in respect of which postage at letter rate is paid shall, if the article is made up in such a manner that it might be mistaken for an article of the second class, endorse the article on the address side with the words “Letter Post” and mark it by drawing lines across the front and back, in colour other than red, in the following manner:—

On the front—

On the back—

 

12. Postal articles classified as Second Class Mail Matter shall not exceed 2 feet in length, or 1 foot in depth or breadth, or if in the form of a roll, 2 ft. 6in. in length and 4 inches in diameter, or be of inconvenient form.

13. Repealed.

14. The following articles shall not be accepted for transmission as Second Class Mail Matter, viz., cheques, money orders and postal notes (except in bankers’ packets), unobliterated adhesive postage stamps (except when affixed to an enclosed post card or envelope), coin, bank notes (other than cancelled notes, bank note forms, and such notes as are specifically allowed to be sent as commercial papers), bullion, gold, and perishable substances, such as game, fish, flesh, fruit, and vegetables; notices or information relating to lotteries, schemes of chance (not including art unions), unlawful games, fraudulent, obscene, indecent, or immoral businesses or undertakings, and other matters coming within the provisions of section 57 of the Act.

15. Articles eligible to be transmitted as Commercial Papers shall consist of formal commercial or business papers and such like documents not having the character of actual or personal correspondence, and not exceeding 5 lb. in weight.

16. Articles eligible to be transmitted as Printed Papers shall consist of printed matter and shall include catalogues and unregistered books, periodicals, and newspapers. Except in the case of circulars, printed papers shall not be in the form of actual or personal correspondence. To be eligible for transmission at the rate of postage prescribed for Second Class Mail Matter packages of Printed Papers shall not exceed 5 lb. in weight, or when sent in bulk (except in the case of printed matter such as books, pamphlets, leaflets of a literary character, such as tracts, time tables, periodical publications, price lists, or catalogues) 1 lb. in weight.

17. Articles eligible to be transmitted as Patterns, Samples, or Merchandise shall consist of manufactured articles and substances, raw material, seeds, patterns, samples, specimens, and the like, sent in packages not exceeding 1 lb. in weight.

PART IV.—THIRD CLASS MAIL MATTER.

18. Third Class Mail Matter shall comprise books, periodicals, and newspapers registered at a General Post Office for transmission as such.

19.—(1.) An article bearing or containing anything of the character of actual or personal correspondence, or which is closed against inspection, shall not be eligible for transmission as Third Class Mail Matter, and any article which is posted contrary to the provisions of this Regulation shall be treated as an insufficiently prepaid letter.

(2.) If on receiving an article which has been surcharged as an insufficiently prepaid letter owing to its being closed against inspection the addressee opens it in the presence of the postmaster, and it is found to contain nothing of a nature of actual or personal correspondence, the surcharge imposed on account of its being closed against inspection may be remitted.

20. Postal articles classified as Third Class Mail Matter shall not exceed 2 feet in length or 1 foot in depth or breadth, or, if in the form of a roll, 2 ft. 6 in in length and 4 inches in diameter.

21.—(1.) Books transmissible as Third Class Mail Matter shall consist of printed or printed and illustrated publications of a literary or educational character, written by one or more Australian authors and printed in Australia. They shall be in book form, and be registered at a General Post Office for transmission through the post as a book. Provided that the condition as to registration shall not apply to a book printed prior to 1st July, 1922.

(2.) To be eligible for transmission at the rate of postage prescribed for Third Class Mail Matter, packages of books shall not exceed 5 lb. in weight.

(3.) A publication which is not in book form nor of the character specified in the conditions governing the classification of books, or is published for the purpose of advertisement, shall not be eligible for transmission at the rate of postage prescribed for Third Class Mail Matter.

22. In order to be in book form a publication shall consist of printed or printed and illustrated pages fastened together by stitching or stapling, and bound in covers of paper, cardboard, cloth, leather, or other ordinary binding material.

23. A book may contain on the cover or on pages of the book advertisements relating to the book itself or to books written by the same author or published by the same publisher. In addition, other advertisements may appear on the permanent cover, but not on any of the pages of the book.

24.—(1.) Periodicals transmissible as Third Class Mail Matter shall consist of magazines, reviews and other similar publications registered at a General Post Office for transmission through the post as a periodical.

(2.) To be eligible for transmission at the rate of postage prescribed for Third Class Matter packages of periodicals shall not exceed 5 lb. in weight.

(3.) To be eligible for transmission at the rate of postage prescribed for periodicals posted by the proprietors thereof or by news-vendors or agents, packages of periodicals shall not exceed 28lb. in weight.

 

24a. Persons who post periodicals at the rate of postage prescribed for postings by proprietors of periodicals and news-vendors or agents may be called upon to satisfy the Department that the conditions prescribed by the Rates Act to secure that rate are complied with. For this purpose they may be required to produce forthwith such documentary evidence as the Postmaster or other departmental officer considers necessary.

24b. The publisher of a registered periodical shall print on the outside of the front cover (or page where the periodical has no cover) of each copy issued the words “Registered at the General Post Office,.................for transmission by post as a periodical.”

24c.—(1.) A publication which is printed upon paper and issued as a supplement to a periodical and which—

(a)consists in substantial part of reading matter other than advertisements, or of engravings, prints or lithographs, and is enclosed in each copy of the relevant issue of the periodical;

(b) is enclosed in each posted copy of the periodical with which it is issued;

(c) has the date of publication and title of the periodical with which it is issued printed at the top of each page, or when in the form of an engraving, print or lithograph at the top of each sheet; and

(d) does not exceed the periodical itself in size or weight,

shall be deemed to be a supplement and to be a part of that periodical.

(2.) A publication designed primarily for advertising purposes shall not be deemed to be a supplement to a periodical within the meaning of this Regulation.

24d. The publisher, printer, or proprietor of a registered periodical shall notify the Deputy Postmaster-General of any proposed change in the form, title, frequency of issue, or proprietorship of such periodical; and a copy of the first issue of the periodical under the changed form, title, frequency of issue, or proprietorship shall be immediately furnished to the Deputy Postmaster-General.

25.—(1.) Newspapers transmissible as Third Class Mail Matter shall consist of publications coming within the prescribed definition of a newspaper and registered at a General Post Office for transmission through the post as a newspaper.

(2.) To be eligible for transmission at the rate of postage prescribed for Third Class Matter packages of newspapers shall not exceed 5 lb. in weight.

(3.) To be eligible for transmission at the rate of postage prescribed for newspapers posted by the proprietors thereof or by news-vendors or agents, packages of newspapers shall not exceed 28 lb. in weight.

26. Persons who post newspapers at the rate of postage prescribed for postings by newspaper proprietors and news-vendors or agents, may be called upon to satisfy the Department that the conditions prescribed by the Rates Act to secure that rate are complied with. For this purpose they may be required to produce forthwith such documentary evidence as the postmaster or other departmental officer considers necessary.

26a. A supplement to a newspaper shall not exceed in size or weight the newspaper with which it is issued.

26b. The publisher of a registered newspaper shall print on the first page of each copy issued the words, “Registered at the General Post Office,...............for transmission by post as a newspaper".

26c. The publisher, printer, or proprietor of a registered newspaper shall notify the Deputy Postmaster-General of any proposed change in the form, title, frequency of issue, or proprietorship of such newspaper; and a copy of the first issue of the newspaper under the changed form, title, frequency of issue, or proprietorship shall be immediately furnished to the Deputy Postmaster-General.

27. A publication which is not in book form nor of the character specified in the conditions governing the transmission of books, or is published for the purpose of advertisement, shall not be eligible for registration as a book.

27a.—(1.) A printed or printed and illustrated publication of a literary or educational character written by one or more Australian authors, and printed in Australia, may be registered as a book, subject to the following conditions:—

(a)Application for registration must be made by the printer or publisher of the book before it is issued to the public or to booksellers for sale or distribution.

(b)The application for registration shall be made in the form required by the Department to a Deputy Postmaster-General, and shall be accompanied by a copy of the relative publication in proof or complete form, bearing the imprint referred to in paragraph (c) of this Regulation.

(c) The publication shall bear an imprint on the title leaf showing that the publication was wholly set up and printed in Australia, the year of publication, and the name and address of the printer.

(2.) When registration is granted, the words “Registered at the General Post Office,..................., for transmission, through the post as a book” shall be printed or stamped on the title leaf of the publication.

28.—(1.) For the purposes of this Regulation, a publication shall be deemed to be a periodical if it is printed and published within the Commonwealth for bona fide sale at the advertised price, and is a publication which:—

(a) is originated and published for the dissemination of information of public interest, or is devoted to literature, the sciences, arts, or religious, technical, or practical subjects;

(b) is regularly published in numbers at intervals not exceeding three calendar months;

(c) has the full title and date of publication printed on the cover and at the top of each page, and has each page consecutively numbered; and

(d)is formed of printed paper sheets without board, cloth, leather, or other substantial binding.

(2.) The provisions of this regulation in regard to sale, and the provisions of paragraphs (b) and (c) of sub-regulation (1) shall not apply to school magazines or to periodical publications consisting in substantial part of articles on scientific, technical, or educational subjects issued by Australian scientific, technical, or educational institutions or societies.

(3.) A publication designed primarily for advertising purposes, or for free circulation, or for circulation at nominal rates, shall not be deemed to be a periodical within the meaning of this Regulation.

28a. The proprietor, printer, or publisher of a periodical publication may, subject to the following conditions, apply to have it registered as a periodical at the General Post Office of any State:—

(a) The application for registration shall be made in writing, and shall contain a description of the periodical to be registered, and show at what interval the periodical is published.

(b)Three copies of the latest issue of the periodical, and one copy of the last preceding issue, shall accompany the application.

(c) A statutory declaration by the applicant declaring—

(i) that the periodical is printed and published within the Commonwealth for bona fide sale at the advertised price, and is not designed primarily for advertising purposes or for free circulation, or circulation at nominal rates;

(ii) that at least 75 per centum of the copies issued are sold to bona fide purchasers, or to bona fide subscribers; and

(iii) whether or not any previous application has been made for registration of the periodical under the same or any other title;

shall accompany the application.

 

29. If upon receipt of the application the Deputy Postmaster-General is satisfied that the publication is a periodical within the meaning of these Regulations, and that the requirements of the Regulations have been complied with, he may register it accordingly, and any publication for the time being on the register of periodicals shall be deemed a periodical registered at a General Post Office:

Provided that no publication which contains profane, blasphemous, indecent, obscene, immoral or seditious matter shall be registered in accordance with this Regulation.

30. If in the opinion of the Postmaster-General any posted copy of a registered periodical contains profane, blasphemous, indecent, obscene, immoral or seditious matter, or if in the opinion of the Postmaster-General a registered periodical has ceased to conform to the definition of a periodical contained in these Regulations, he may, by notice, call upon the proprietor, printer, or publisher of the periodical to show cause within the time specified in the notice why the periodical should not be removed from the register, and if within that time sufficient cause has not, in the opinion of the Postmaster-General, been shown, he may direct the Deputy Postmaster-General to remove the periodical from the register, and upon such removal the periodical shall be deemed not to be registered.

31. The Deputy Postmaster-General of the State in which the periodical is registered may at any time call upon the proprietor, printer, or publisher of a periodical to furnish evidence by statutory declaration as to the total percentage of copies issued which are sold to bona fide purchasers or to bona fide subscribers, and any other particulars which are in his opinion necessary to show whether in respect of the periodical the requirements of these Regulations are being complied with.

32.—(1.) The proprietor, printer, or publisher of any newspaper, as defined by section 28 of the Act, may have it registered at the General Post Office of any State subject to the conditions set out in this regulation.

(2.) The application for registration shall be made in writing, and shall contain a description of the newspaper to be registered, and show at what intervals the newspaper is published.

(3.) Three copies of the latest issue of the newspaper and one copy of each of the two last preceding issues shall be forwarded with the application, together with a fee of Five shillings.

(4.) The following statutory declarations shall be forwarded with the application:—

(a) A statutory declaration by the applicant declaring—

(i) that the publication is printed and published within the Commonwealth for sale, and not for free distribution to any great extent;

(ii) that at least 75 per centum of the copies issued are sold to bona fide purchasers or to bona fide subscribers who have ordered the paper; and

(iii) whether or not any previous application has been made for registration of the publication under the same or any other title; and

(b)two statutory declarations by independent persons in the trade (such as publishers or newsagents) who are not in any way interested in the proprietorship or printing of, and are not subscribers to, the publication, declaring—

(i) that the declarant personally knows and recognizes the publication as a newspaper in the generally accepted sense;

(ii) that to the best of his knowledge and belief the publication is known and recognized by purchasers thereof as a newspaper in the generally accepted sense;

(iii) that the publication is not, to the best of his knowledge and belief, recognized as a magazine, review, or other similar publication; and

(iv) that he is neither the proprietor nor the printer of, nor a subscriber to, the said publication, and is not in any way interested in the proprietorship or printing thereof.

 

33. The Deputy Postmaster-General of any State may, when revising the register, as provided by section 29 of the Act, call upon the proprietor, printer, or publisher of any newspaper appearing therein to furnish evidence by statutory declaration as to the total percentage of copies issued which are sold to bona fide purchasers or to bona fide subscribers, and any other particulars which are, in his opinion, necessary to enable him to determine whether the newspaper should be removed from the register or not.

2. Sub-regulation (7) of Regulation 42 is repealed and the following sub-regulation inserted in its stead:—

(7) This regulation shall not apply to—

(a)registered newspapers or registered periodicals posted by proprietors or publishers thereof or news-vendors, who may post such newspapers or periodicals at hours other than those prescribed, and may post at one time a quantity of newspapers or periodicals on which the amount of postage payable is less than One pound;

(b)mail matter posted by authorized users of franking machines under the regulations relating to franking machines.

 

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