STATUTORY RULES
1946. No. 173.
REGULATIONS UNDER THE OVERSEAS TELECOMMUNICATIONS ACT 1946.*
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 Overseas Telecommunications Act 1946.
Dated this twenty-ninth day of November, 1946.
HENRY
Governor-General.
By His Royal Highness’s Command,
N. E. McKENNA
for Postmaster-General.
Overseas Telecommunications (Staff) Regulations.
Citation.
1. These Regulations may be cited as the Overseas Telecommunications (Staff) Regulations.
Definitions
2. In these Regulations, unless the contrary intention appears—
“officer” means officer of the Commission;
“the Act” means the Overseas Telecommunications Act 1946;
“the General Manager” means the general manager appointed under section eighteen of the Act;
“the Commission” means the Overseas Telecommunications Commission (Australia) established under the Act.
Medical examinations.
3. The medical examination referred to in paragraph (b) of sub-section (3.) of section eighteen of the Act shall be an examination by a legally qualified medical practitioner approved by the Commission.
Oath or affirmation of allegiance.
4. The oath or affirmation of allegiance referred to in paragraph (c) of sub-section (3.) of section eighteen of the Act shall be in accordance with the form in the Schedule to these Regulations and may be administered by any member of the Commission, the General Manager or any officer or person included in any class of officers or persons thereto authorized in writing by the Commission.
* Notified in the Commonwealth Gazette on 2nd December, 1946.
7265.—Price 3d.
Appointment of persons who do not possess prescribed qualifications.
5. The following positions and classes of positions shall be prescribed positions or classes of positions, as the case may be, for the purposes of the proviso to sub-section (3.) of section eighteen of the Act:—
(a) The position of General Manager;
(b) Positions occupied by senior executive officers (including the officers at the Head Office of the Commission who are in charge of the Engineering, Service, Personnel or Accounts Branch);
(c) Any position to which an officer of the Public Service of the Commonwealth or of a State is appointed;
(d) Positions of cleaner, liftman, watchman, motor driver, telephonist and other positions the work of which is of a non-clerical nature.
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THE SCHEDULE.
OATH.
I, A.B., do swear that I will be faithful and bear true allegiance to the King, and will loyally as in duty bound uphold the Constitution of the Commonwealth of Australia established under the Crown of the United Kingdom.
So help me, God!
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AFFIRMATION.
I, A.B., do solemnly and sincerely affirm and declare that I will be faithful and bear true allegiance to the King, and will loyally as in duty bound uphold the Constitution of the Commonwealth of Australia established under the Crown of the United Kingdom.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Overseas Telecommunications (Staff) Regulations 1946 were enacted to provide detailed guidelines under the Overseas Telecommunications Act 1946, establishing procedures and requirements for the medical examinations and oaths or affirmations of allegiance necessary for the staff of the Overseas Telecommunications Commission (Australia). These regulations were made by the Governor-General in Council, reflecting the legislative authority granted by the Commonwealth of Australia. The primary objective of these regulations is to ensure that the staff of the Commission, including senior executive officers and other personnel, are adequately vetted and committed to their duties, thus maintaining the integrity and efficiency of the telecommunications services provided by the Commission.
Scope and Application
The Overseas Telecommunications (Staff) Regulations, made under the authority of the Overseas Telecommunications Act 1946, primarily apply to the staff of the Overseas Telecommunications Commission (Australia), particularly those in prescribed positions. These include the General Manager, senior executive officers, and other staff such as cleaners, liftmen, watchmen, motor drivers, and telephonists, who engage in non-clerical tasks. The Regulations specify requirements such as medical examinations conducted by approved medical practitioners and the administration of oaths or affirmations of allegiance, ensuring that all staff members demonstrate their loyalty to the Commonwealth and its constitution. These Regulations are applicable within the Commonwealth jurisdiction and extend their application through subordinate instruments to ensure compliance with the provisions of the Act.
Key Provisions
The Overseas Telecommunications (Staff) Regulations (1946) establish the procedural framework for the medical examinations and oaths required for specific staff within the Overseas Telecommunications Commission (Australia). According to section 3, any medical examination for staff must be conducted by a legally qualified medical practitioner approved by the Commission. Furthermore, section 4 specifies that the oath or affirmation of allegiance must be administered in accordance with the forms detailed in the Schedule of these Regulations, which can be taken by the General Manager, any member of the Commission, or any officer or person authorized in writing by the Commission.
These regulations impose specific obligations on certain staff members. As outlined in section 5, particular positions within the Commission, such as the General Manager, senior executive officers, and other specific roles, require individuals to undergo a medical examination and swear an oath or make an affirmation of allegiance. The positions listed include those in charge of Engineering, Service, Personnel, or Accounts Branch at the Head Office, as well as roles such as cleaner, liftman, watchman, motor driver, and telephonist, among others with non-clerical responsibilities.
Non-compliance with the requirements set out in these Regulations can lead to serious consequences. While the specific legal consequences for breach are not detailed in the text provided, it is reasonable to infer that failure to adhere to the mandated medical examinations and oaths or affirmations of allegiance could result in disciplinary action or other legal repercussions under the authority of the Overseas Telecommunications Act 1946. The precise penalties or consequences, however, would need to be referred to within the main Act or subsequent amendments.