POST AND TELEGRAPH.
No. 12 of 1901.
An Act relating to the Postal and Telegraphic Services of the Commonwealth.
[Assented to 16th November, 1901.]
BE it enacted by the King’s Most Excellent Majesty the Senate and the House of Representatives of the Commonwealth of Australia as follows:—
Short title and commencement.
1. This Act may be cited as the Post and Telegraph Act 1901, and shall commence on the first day of December One thousand nine hundred and one.
State Acts to cease to apply.
First Schedule.
2. The State Acts specified in the First Schedule to this Act shall cease to apply to the postal and telegraphic services of the Commonwealth.
But the regulations in force in any State under any of the said State Acts shall as regards that State continue in force until revoked in whole or in part by the Governor-General, and rates and charges in force in any State under any of the said State Acts shall continue in force as regards that State and be applied in the same manner as if the said State Acts were not affected by this Act.
Part I. — General.
Interpretation of terms.
Qd. P. & T. Act 1891 s. 4.
N.Z. P. O. Act 1900 s. 2.
3. In this Act unless the context otherwise indicates—
“Postmaster-General” means the Minister of State for the Commonwealth charged with the administration of this Act.
“Construct” includes erect lay down and place.
“Customs Act” means any Act or Acts relating to the Customs in force within the Commonwealth and all orders and regulations made under any such Act or Acts.
“Department” means the Department of the Postmaster-General.
“Electric authority” means any State Government railway authority local authority tramway authority or person generating using or supplying electricity.
“Electricity” includes electric current electrical energy or any like agency.
“Electric line” includes all means used for the purpose of conveying transmitting transforming or distributing electricity and any casing coating covering tube tunnel pipe pillar pole post frame bracket or insulator enclosing surrounding or supporting the same or any part thereof or any apparatus connected therewith.
“General Post Office” means the head office of the Department in each State.
Compare N.S.W. Act 1900.
S.A. No. 680.
Qd. 56.
Vict. No. 20.
Tas. 64 Vict. No. 26.
Vict. No. 1643.
“Indecent or obscene matter” includes any drawing or picture or advertisement or any printed or written matter in the nature of an advertisement if it relates to venereal or contagious diseases affecting the generative organs or functions or to nervous debility or other complaint or infirmity arising from or relating to sexual impotence or intercourse or sexual abuse or to pregnancy or to any irregularity or obstruction of the female system or to the treatment of any complaint or condition peculiar to females or…
Overview
The Post and Telegraph Act 1901 was enacted to unify and standardise postal and telegraphic services across Australia, thereby replacing the various state-level postal and telegraphic laws. The Act was assented to on 16 November 1901 and commenced on 1 December 1901. It was introduced by the newly formed Commonwealth of Australia to address the need for a cohesive national approach to postal and telegraphic services, replacing the previously fragmented state-level regulations. The enacting body was the Parliament of Australia, specifically the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. The primary policy objective of the Act was to ensure efficient, reliable, and uniform postal and telegraphic services throughout the newly federated nation.
Scope and Application
The Post and Telegraph Act 1901 applies to the postal and telegraphic services of the Commonwealth, superseding any corresponding State Acts specified in the First Schedule. It establishes the Department of the Postmaster-General to control these services and vests the administration and control in the Postmaster-General. The Act regulates various aspects of postal and telegraphic services, including the appointment of officers, handling of postal articles, the carriage of mails, postage, the registration and delivery of mail, and the conduct of officers. It also addresses the registration of newspapers, transmission of mails by ships, the issuance and payment of money orders and postal notes, the erection and maintenance of telegraph lines, and penalties for various offences. The Act extends to the whole Commonwealth and is enforced by subordinate regulations.
Key Provisions
- The Post and Telegraph Act 1901 establishes the framework for postal and telegraphic services within the Commonwealth of Australia. The Act commences on 1 December 1901 and specifies that State Acts related to postal and telegraphic services are no longer applicable. The Department of the Postmaster-General is given control over these services, with the Postmaster-General administering the Act and the Department. The Act outlines the duties and powers of various officers, including the Postmaster-General, Deputy Postmaster-General, and other departmental staff, who must take declarations before exercising their duties. It mandates the retirement of telegraph messengers at age 18 and outlines rules for the classification and handling of postal articles, including letters, packets, and parcels. The Act details the procedures for prepayment of postage, registration of articles, and the handling of unclaimed or undelivered mail. It also specifies the penalties for various breaches, such as sending explosives, obstructing the delivery of mail, or tampering with postal equipment. The Act grants the Postmaster-General exclusive rights to telegraph lines and provides for the construction and maintenance of these lines, including provisions for crossing roads and private properties. It also establishes regulations for the issuance and management of money orders and postal notes, as well as the transmission of telegrams. The Act includes provisions for the protection of telegraph lines from injurious effects by electric lines or works, outlining the responsibilities and penalties for non-compliance. Legal proceedings for penalties and disputes are also addressed, including the limitation of actions against the Postmaster-General and officers of the Department.
- Area of Law
- Postal Law
- Telecommunications Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Regulatory Standards
- Reporting & Disclosure Obligations
- Enforcement Powers
- Prohibited Conduct
- Repeal & Amendment
