Telephone Regulations (Amendment) (Cth)

STATUTORY RULES.

1965. No. 14

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REGULATIONS UNDER THE POST AND TELEGRAPH ACT 1901-1961.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Post and Telegraph Act 1901-1961.

Dated this twenty-eighth day of January, 1965

 

DE L’ISLE

Governor-General.

By His Excellency’s Command,

 

Alan Hulme

Postmaster-General.

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Amendments of the Telephone Regulations 

Commencement.

1. These Regulations shall be deemed to have come into operation on the first day of October, 1964.

Rate of rental.

2.—(1.) Regulation 29 of the Telephone Regulations is amended—

(a) by adding at the end of sub-regulation (1.) the following definitions:—

“‘member of the Forces’ means a member of the Forces as defined in any provision of the Repatriation Act 1920-1964, the Repatriation (Far East Strategic Reserve) Act 1956-1964 or the Repatriation (Special Overseas Service) Act 1962-1964 or a member of the Interim Forces as defined in the Interim Forces Benefits Act 1947-1964;

“‘pensioner’ means a person who is in receipt of, or is entitled to—

(a) an age or invalid pension under Part III. of the Social Services Act 1947-1964 or a widow’s pension under Part IV. of that Act;

(b)a service pension, or a pension in respect of total and permanent incapacity, under the Repatriation Act 1920-1964 or a pension under the Native Members of the Forces Benefits Act 1957 that corresponds with such a pension; or

 

* Notified in the Commonwealth Gazette on 4 February, 1965

  Statutory Rules 1927, No. 145, as amended to date. For previous amendments of the Telephone Regulations see footnote   to Statutory Rules 1965, No. 11 and see also Statutory Rules 1965, No. 11.

15430/64—Price 9d 10/15.12.1964.

 

(c) a pension in respect of total and permanent incapacity under the Repatriation (Far East Strategic Reserve) Act 1956-1964 or under the Repatriation (Special Overseas Service) Act 1962-1964.

but does not include a war widow pensioner;

“‘person eligible for reduced rental’ means a person who—

(a)is a pensioner (other than a pensioner who is permanently blind) and lives alone or lives with another person who, or with other persons each of whom, is a prescribed person;

(b) is a war widow pensioner; or

(c) is permanently blind;

“‘prescribed person’ means a person—

(a) who is a pensioner;

(b) who is a war widow pensioner;

(c) who is permanently blind; or

(d)whose annual rate of income does not exceed an amount per annum equal to the sum of the amount specified in paragraph (a) of sub-section (1a.) of section 28 of the Social Services Act 1947-1964 and the amount specified in sub-section (2.) of that section;

“‘war widow pensioner’ means a person who is in receipt of, or is entitled to—

(a) a pension, in accordance with Table A in the Third Schedule to the Repatriation Act 19201964, that is payable under that Act, the Repatriation (Far East Strategic Reserve) Act 1956-1964 or the Repatriation (Special Overseas Service) Act 1962-1964 by reason of the person being the widow of a deceased member of the Forces or having been recognized as the wife of a deceased member of the Forces, though not legally married to him; or

(b) a pension under the Native Members of the Forces Benefits Act 1957 that corresponds with such a pension”;

(b) by omitting from sub-regulation (2.) the words “the next succeeding sub-regulation” and inserting in their stead the words “this regulation”; and

(c) by adding at the end thereof the following sub-regulations:—

“(4.) Where the subscriber to, or an applicant for, a telephone service that is installed, or is to be installed, in premises in which he is ordinarily resident is a person eligible for reduced rental, he may make application to an officer of the Department, in such form as the Director-General determines, for reduced rental in respect of the service or proposed service.

“(5.) The application of a person referred to in paragraph (a) of the definition of ‘person eligible for reduced rental’ in sub-regulation (1.) of this regulation shall include—

(a) a statement that he lives alone;

(b)a statement that he lives with another person who is a prescribed person; or

(c) a statement that he lives with other persons each of whom is a prescribed person.

“(6.) Where a person who is not a pensioner makes application under sub-regulation (4.) of this regulation on the ground that he is permanently blind, an officer of the Department may require the person to furnish to the officer a certificate of a duly qualified medical practitioner that the person is permanently blind, and the application shall be deemed not to have been made until the certificate has been so furnished.

“(7.) Where a person eligible for reduced rental has made application under sub-regulation (4.) of this regulation in respect of a telephone service or a proposed telephone service, the rental payable by him for the service in respect of the period commencing at the time when the application is made or the service is installed (whichever last occurs) and ending at the time when—

(a) he ceases to be the subscriber to the service;

(b) he ceases to be a person eligible for reduced rental; or

(c)he ceases to be ordinarily resident in the premises in which the service is installed,

shall be at an annual rate equal to two-thirds of the annual rate that, but for this sub-regulation, would be payable for the service.

“(8.)An officer of the Department may, in special circumstances, direct that an application under sub-regulation (4.) of this regulation shall be treated as if it had been made at a time earlier than the time when it was made, being a time not earlier than three months before the time when it was made.

“(9.) A person shall not knowingly make a false or misleading statement in an application under sub-regulation (4.) of this regulation.

Penalty: Twenty-five pounds.

“(10.) If a person who has made application under sub-regulation (4.) of this regulation in respect of a telephone service or a proposed telephone service—

(a) ceases to be a person eligible for reduced rental; or

(b)ceases to be ordinarily resident in the premises in which the service is installed,

he shall, within fourteen days after so ceasing, give notice in writing to the Director-General, or to a Director, that he has so ceased.

Penalty: Twenty-five pounds.”.

(2.) Where—

(a) before the first day of October, 1965, a person makes application for reduced rental in respect of a telephone service under sub-regulation (4.) of regulation 29 of the Telephone Regulations as amended by these Regulations; and

(b)the person has, since the first day of October, 1964, or a date later than that date, been continuously—

(i) the subscriber to the telephone service;

(ii) a person eligible for reduced rental; and

(iii) ordinarily resident in the premises in which the service is installed.

the application shall be treated as if it had been made on the first day of October, 1964, or on that later date, as the case may be.

3. Regulation 39 of the Telephone Regulations is amended by adding Rentals, at the end thereof the following sub-regulation:—

“(2.) Where—

(a) a person has paid in advance rental for a period in respect of a telephone service or apparatus; and

(b) the amount paid in advance is greater than, or is less than, the amount of rental payable for that period.”.

the person is entitled to repayment of, or is liable to pay to the Commonwealth, as the case may be, an amount equal to the difference between the amount paid in advance and the amount of rental so payable.”.

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By Authority: A. J. Arthur. Commonwealth Government Printer, Canberra.