Post and Telegraph Act 1923

Legislation au C1923A00017 Not in force Act

Legislation content

POST AND TELEGRAPH.

 

No. 17 of 1923.

An Act to amend the Post and Telegraph Act 1901-1916.

[Assented to 1st September, 1923.]

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 citation.

1.—(1.) This Act may be cited as the Post and Telegraph Act 1923.

(2.) The Post and Telegraph Act 1901-1916 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Post and Telegraph Act 1901-1923.

2. Section forty-six of the Principal Act is repealed and the following section inserted in its stead:—

Undelivered postal articles.

“46.—(1.) Every postal article which remains undelivered at any post-office to which it has been transmitted for delivery shall, save as in this Act otherwise provided, be kept thereat for delivery for such time as is prescribed.

“(2.) As soon as possible after the expiration of the prescribed time the postmaster at every such post-office shall transmit to the General Post Office or to such other post-office as the Postmaster-General directs every postal article that has been kept for the prescribed time, and which is transmissible at a rate of not less than One penny for two ounces, and thereupon every such postal article so transmitted and any postal article which remains undelivered at the General Post Office or at such other post-office as the Postmaster-General directs beyond the prescribed time shall be dealt with as in this Act provided.

“(3.) Every postal article (other than a newspaper) which is transmissible at a rate of less than One penny for two ounces and which remains undelivered at any post office to which it has been transmitted for delivery shall, at such post offices as the Postmaster-General directs, be dealt with in such manner as is prescribed.

“(4.) Notwithstanding anything contained in this Act, when any letter or packet bears an indorsement by the sender to the effect that if it remains undelivered for a certain specified time not less than seven days it may be returned to him, the postmaster at the post office to which the letter or packet has been transmitted for delivery shall, as soon as possible after the time so specified,


transmit it to the indorsed address, and, if it be refused at the specified address, it shall be deemed to be undelivered and unclaimed and dealt with accordingly.

“(5.) Where a postal article (other than a newspaper) posted in the Commonwealth for delivery therein which—

(a) bears on the front of the cover the name and address of the sender, and

(b) does not bear the indorsement referred to in the last preceding sub-section,

remains undelivered, for such time as is prescribed, at the post office to which it has been transmitted for delivery, the postmaster at that post office shall, as soon as possible after the expiration of the time so prescribed, transmit it to the sender at the address specified, and if it be refused at such address it shall be deemed to be undelivered and unclaimed and dealt with accordingly.

“(6.) Every newspaper which remains undelivered at any post office to which it has been transmitted for delivery shall, upon payment within the prescribed time of the rate of postage applicable to printed papers, be returned to the sender, and, upon the expiration of such prescribed time, every undelivered newspaper, for the return of which such rate of postage has not been paid, shall be dealt with in such manner as is prescribed.”.

Disposal of dead letters.

3. Section forty-eight of the Principal Act is amended—

(a) by inserting, after the words “General Post Office” (first and second occurring), the words “or at a post office directed by the Postmaster-General in pursuance of section forty-six of this Act”;

(b) by omitting the words “to the proper authorities” and inserting in their stead the words “in accordance with the request of the proper authorities”; and

(c) by omitting the words “or if originally posted in another State be returned to the General Post Office of that State”.

Opened postal articles, how dealt with.

4. Section fifty of the Principal Act is amended—

(a) by inserting therein after the words “Deputy Postmaster-General” the words “,and the postmaster at every post office directed by the Postmaster-General in pursuance of section forty-six of this Act,”:

(b) by inserting therein, after the words “liable to pay” (first occurring), the word “double”; and

(c) by adding at the end thereof the words “and on refusal to pay such postage shall be liable to a penalty not less than Two pounds and not exceeding Five pounds”.

5. Section fifty-one of the Principal Act is repealed and the following section inserted in its stead:—

Opened letters and packets containing anything of value, how dealt with.

“51.—(1.) Every undelivered letter or packet which is opened under the provisions of this Act and found to contain any valuable


or saleable enclosure shall be dealt with in accordance with the provisions of this section:—

(a) A memorandum of the contents of the letter or packet shall be made and preserved;

(b) If the whereabouts of the person to whom the letter or packet is addressed are known, the letter or packet shall be forwarded by registered post to him;

(c) If the whereabouts of the person to whom the letter or packet is addressed are not known, the letter or packet shall be returned by registered post to the writer or sender thereof, if his whereabouts are known, and if they are not known, the letter or packet shall be destroyed and its contents forfeited.

“(2.) It shall be a condition of the forwarding or returning of any letter or packet under this section that the person to whom it is forwarded or returned shall, at the time of the delivery of the letter or packet, pay to the Postmaster-General the cost of the registration of such letter or packet.

“(3.) Notwithstanding anything contained in this section, if the contents of any letter or packet have been posted, or are in fraud or violation of this Act, or any Act relating to the Customs, or of any regulation or order made under the authority of this Act, or with intent to evade payment of the postage properly chargeable on the letter or packet, such letter or packet shall be destroyed and its contents forfeited:

Provided that the Postmaster-General may, if he thinks fit, direct that the letter or packet be restored to the writer or sender thereof.

“(4.) The contents of any letter or packet forfeited in pursuance of this section shall be dealt with in the following manner:—

(a) If it is money or a security or order for money payable to bearer, it shall be paid into the Consolidated Revenue Fund;

(b) If it is not money or a security or order for money payable to bearer, it shall be destroyed, sold or converted into money or otherwise disposed of in such manner as the Postmaster-General directs.

“(5.) The proceeds of the sale of the contents of any letter or packet under this section shall be paid into the Consolidated Revenue Fund.”.

Works on lands, &c.

6. Section eighty-five of the Principal Act is amended—

(a) by adding, at the end of sub-section (1.), the following proviso:—

“Provided further that where any wire or cord is erected, along a road or commonly used wagon track, as close to the fence as practicable, it may, except at places where traffic is required to pass under the wire or cord, be less than twelve feet but not less than eight feet from the surface.”;


(b) by inserting in sub-section (2.), after the words “erection upon”, the words “or laying under”; and

(c) by inserting in sub-section (2.), after the words “telegraph line”, the words whether erected or laid before or after the commencement of this Act,”.

7. After section eighty-five of the Principal Act, the following section is inserted:—

Removal of line consequent upon opening, of new roads.

“85a. Where subsequently to the erection of a telegraph line, whether erected before or after the commencement of this Act, it becomes necessary, owing to the subdivision of any land, to remove the line or any pole, the cost of such removal shall be borne by the person responsible for the subdivision of the land.”.

 

Overview

The Post and Telegraph Act 1923, enacted by the Parliament of the Commonwealth of Australia, was introduced to amend the existing Post and Telegraph Act 1901-1916, addressing various issues related to postal services and telegraph communications. The 1923 Act aimed to refine the handling of undelivered postal articles, including the procedures for dead letters and opened postal articles, and to update the provisions concerning the physical infrastructure, such as telegraph lines, required for these services. The policy objective was to ensure a more efficient and organised management of postal operations and to address specific logistical challenges faced by postal authorities in delivering correspondence and managing undelivered articles. Under this Act, undelivered postal articles were to be managed with new timelines and procedures for their retention and disposal, while the handling of opened postal articles containing valuables was also formalised. The Act further specified the conditions under which telegraph lines could be erected or laid, including adjustments to minimum distances from fences and roadways, and introduced provisions for the financial responsibility of land subdivision in cases where telegraph lines needed to be relocated. These amendments were intended to streamline postal operations and address practical concerns in the administration of postal and telegraph services across Australia.

Scope and Application

The Post and Telegraph Act 1923 applies to the Commonwealth of Australia and governs the administration of postal services and telegraphs within its jurisdiction. The Act amends the Post and Telegraph Act 1901-1916, updating and replacing certain provisions to reflect changes in postal practices and the management of undelivered articles. The legislation applies to postal articles, including letters and packets, that remain undelivered at post offices. It outlines procedures for the retention and disposal of these items, including the forwarding of undelivered newspapers, letters, and packets to their senders or recipients, depending on the circumstances. The Act also addresses the handling of opened postal articles, particularly those containing valuable or saleable items, stipulating that these must be dealt with according to specific provisions that may involve forwarding, returning, or forfeiture of the contents. Additionally, the Act regulates the placement and maintenance of telegraph lines and wires on public lands, including adjustments to the minimum height requirements for these installations. It further mandates that the costs associated with relocating telegraph lines due to land subdivision are to be borne by the responsible party. Overall, the Act provides a comprehensive framework for managing postal services and telegraph infrastructure within Australia.

Key Provisions

The Post and Telegraph Act 1923 amends the earlier Post and Telegraph Act 1901-1916, introducing new provisions regarding the handling of undelivered postal articles, the disposal of opened postal articles, and the management of works on lands. Section 46 outlines the procedure for dealing with undelivered postal articles, stipulating that such articles must be retained at the post office for a prescribed period before being sent to the General Post Office or another designated post office, unless specified otherwise in the Act. Newspapers and other items with lower postage rates are also addressed in this section, with provisions for their return or disposal. Section 48 modifies the handling of dead letters, directing that they be dealt with in accordance with requests from the appropriate authorities. Section 50 imposes a double postage fee on postal articles opened under the Act, with additional penalties for refusal to pay. Opened letters or packets found to contain valuable or saleable items must be dealt with according to the provisions of Section 51, which includes forwarding the item to the addressee, returning it to the sender, or forfeiting and disposing of the contents if the addressee cannot be located or if the item is found to be in violation of the Act. Section 85a addresses the costs associated with the removal of telegraph lines due to land subdivision, placing this responsibility on the party responsible for the subdivision. The Act imposes specific obligations on postmasters and the Postmaster-General concerning the handling of undelivered postal articles, opened postal articles, and the management of telegraph lines. Postmasters are required to ensure that undelivered articles are retained for a specified period and then transmitted to the General Post Office or another designated post office, unless specific instructions from the sender are provided. They must also handle opened postal articles in accordance with the Act's provisions, including making a memorandum of the contents and forwarding or returning the item as appropriate. The Postmaster-General has the authority to direct the disposal of forfeited contents and to impose penalties on those who refuse to pay double postage for opened articles. Additionally, the Act mandates that the costs of removing telegraph lines due to land subdivision be borne by the party responsible for the subdivision. Violations of the Act's provisions may result in civil or criminal consequences. For example, refusal to pay double postage for an opened postal article may incur a penalty ranging from Two pounds to Five pounds, as outlined in Section 50. Additionally, Section 51 specifies that opened letters or packets containing valuable or saleable items that have been posted in violation of the Act or with intent to evade postage may be destroyed, and their contents forfeited. The proceeds from the sale of forfeited contents must be paid into the Consolidated Revenue Fund, while other forfeited items are to be destroyed, sold, or disposed of as directed by the Postmaster-General.

Legal classification tags

Area of Law
Postal Services
Telecommunications
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Undelivered Postal Articles
Disposal of Dead Letters
Opened Postal Articles
Works on Lands

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.