The Telephone Act 1881 (SA)

ANNO QUADRAGESIMO QU.4ItTO ET QUADRAGESIMO

QUlNTO

No. 207.

An Act to provide for the establishment of Lines of Telephonic and Telegraphic Communication, and for other purposes.

[Assented to, November 18th, 1881.)

HEREAS it is desirable to provide for the construction, main- P.t.:mble.

W tenance, and regulation of lines of telephonic and telegraphic communication-Be it therefore Enacted by the Governor of the Province 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:

into an agreement with any person, upon such terms and conditions and

1. This Act shall be called and may be cited as The Telephone short titie and

Act, 1881," and shall be read with and construed as part of construction.

" Act No. 6 of 1857.''

2. The Superintendent of Telegraphs, or any person from time to Consbction of Ens of telephonic or kle-

time authorised in that behalf by the Governor, inay construct, gmphic commu~nion- maintain, or enter into any contract for the construction and main- :p,",,"ythe Govero- tenance of lincs of tc.lcphonic or telegraphic communication, and

the Governor or the Snperintendent of Telegraphs, and his officers, clerks, and servants shall, so far as is consistent with this Act, havc the like powers respectively so far as relates to the superin- tendence, construction, establishment, maintenance, and protection of such lines of telephonic cominu~licntion as they may have under any

laws for the time bei~ig	in force in reference to lines of cornrnunica-
tion by electric telegraph.

3. The Superintendcnt of Telegraphs may from time to time enter Agreament may be made for construction

44' & 45" VICTORIX, No. 207. -l___-_l__l__~l_-_ _ ---- I__

The Telqphone Act.-1881.

as ho may think fit, to construct or maintain lines of telephonic or

telegraphic communication for such person in any district or places named in such agreement. Every line of telephonic or telegraphic communication shall be usad exclusively for the business or privatts

affairs of such person or of any other person approved by the

Superintendent of Telegraphs.

4, Every person entering into such agreement s h d pay to the

Superintendent of Telegraphs, in advance, such periodical rents or charges as shall be named in such agreement: Provided, however, that such rents and charges shall be in accordance with a scale to be fixed from time ta time by the Governor.

Power to pmbibit and

pm& w e of tele- 5, The Superintendent of Telegraphs may, in such manner as

phonic or telegraphic	may be conwnient, and without being subject to pay compensation
tines.	to any person, prohibit and prevent the use of any line of telephonic or telegraphic communication by any person who makes use or permits the use of such line for other purposes than his own busi- ness or private affairs, or the rents or charges in respect of which
h e have not been paid to the Superintendent of Telegraphs.

Application of pro- 6. The provisions of Act No. 6 of 1857, to regulate the construc-

~ ~ O D B of Act No. G

of 1867 to telephooic	tion and management of electric telegraph, shall apply to all lines of
line&	telephonic communication to be constructed under the provisioris of this Act as fully and effectually for all purposes whatsoever (including the dealing with and punishment of offenders) as if such lines were lines of commuaication by electric telegraph within the m~aning of the said Act, either by express reference therein or by implication.

P d t s for emion

and maintenance of 7, Any person who shall set up, mckntx+in, or use in or on any

lineB of t&grsPhio or lands of the Crown, except on lands leased by the person desiring to

telephaniceommuni- wt up, maintain, or use the same, or in or on any public road, cation by private

persona.

street, or highway any line of private telegraphic or telephonic corn-

munication, or who shall wilfully use any such line heretofore set

up and neglect to comply with any notice from the Superintendent

of Telegraphs to pay such charges in respect of any such line hereto- fore sct up as may from time to time bc fixed by the Governor, shall on conviction of any such offence forfeit and pay a sum not exceeding Five Pounds for every day during which any such

line shall be or continue to be so set up, maintained, or used contrary

p m t o m m o v e

private he%.

to the provisions of this Act; and the Superintendent of Telegraphs

may at any time authorise any person to take absolute possession of,

cut down, or destroy the whole or any part of any such line.

Begulations.

& The Governor may froq time to time make regulations pre- scribing the terms and conditions on which lims of telephonic or telegraphic communication will be constructed and maintained, or on which the exclusive use of any line of telegraphic or telephonic communication may be granted or let to any person for his own business or private affairs only, and generally for the purpose of

carrying

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The Telephone Act.--1881,

carrying out the objects of this Act. Copies of all such regulations shall be published in the Govmment Guzette, and laid before both Houses of Parliament within fourteen day8 from the (late thereof, if

Parliament shall be then sitting, and if not sitting, then within

fourteen days after the next meeting of Parliament.

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

this Bill.

WM. F. DRUMMOND JERVOIS, Governor.

\

Adelaide : By authority, E. 80maa,