POST AND TELEGRAPH RATES
(DEFENCE FORCES) (No. 2).
No. 94 of 1940.
An Act to amend the Post and Telegraph Rates (Defence Forces) Act 1939-1940.
[Assented to 17th December, 1940.]
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 Rates (Defence Forces) Act (No. 2) 1940.
(2.) Section one of the Post and Telegraph Rates (Defence Forces) Act 1940 is amended by omitting sub-section (3.).
(3.) The Postal Rates (Defence Forces) Act 1939, as amended by the Post and Telegraph Rates (Defence Forces) Act 1940, is in this Act referred to as the Principal Act.
(4.) The Principal Act, as amended by this Act, may be cited as the Post and Telegraph Rates (Defence Forces) Act 1939-1940.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Definitions.
3. Section four of the Principal Act is amended by adding at the end thereof the following definition:—
“‘representative of an organization’ means a representative, at any camp, barracks, garrison, training school or other place at which members of the Forces are serving or in training, appointed by any organization which has been authorized by the Minister of State for Defence Co-ordination to provide philanthropic, welfare or medical services for members of the Forces.”.
Rates of postage and rates for telegrams.
4. Sections five and five a of the Principal Act are amended by inserting, after the word “Forces” (wherever occurring), the words “or representative of an organization”.
The Schedule.
5. The Schedule to the Principal Act is amended by omitting the words “MAILS AND TELEGRAMS TO AND FROM MEMBERS OF THE FORCES.”.
Overview
The Post and Telegraph Rates (Defence Forces) (No. 2) Act 1940 was enacted by the Commonwealth Parliament to amend the Post and Telegraph Rates (Defence Forces) Act 1939-1940. The legislation was introduced to address the need to provide specific postal and telegraphic services to representatives of organisations authorised to provide welfare services to members of the Defence Forces. The policy objective was to ensure that these representatives could communicate effectively with the members they serve, thereby enhancing the overall welfare support system for the Defence Forces. The Act received Royal Assent on 17th December, 1940, and came into operation on the same day. It amends the Principal Act by expanding the definition of who qualifies for reduced postage and telegram rates to include representatives of organisations authorised to provide services to members of the Forces.
Scope and Application
The Post and Telegraph Rates (Defence Forces) Act (No. 2) 1940 applies to the regulation of postage and telegram rates specifically for members of the Australian Defence Forces and representatives of organisations authorised by the Minister for Defence Co-ordination to provide services for these members. The act extends its provisions to encompass any communications, whether mails or telegrams, to and from members of the Forces or their appointed representatives, thereby ensuring that the rates are set to facilitate efficient and effective communication within the Defence Forces and with their support services. This Act operates on a national level within the Commonwealth of Australia and its amendments are effective immediately upon receiving Royal Assent. It does not specify exclusions or exemptions but focuses on amending the existing Principal Act to ensure clarity and comprehensiveness in its application to the Defence Forces and related entities. The Act allows for further modifications and clarifications through subordinate instruments, thereby providing a flexible framework to address any evolving needs in communication rates for the Defence Forces.
Key Provisions
The Post and Telegraph Rates (Defence Forces) Act (No. 2) 1940 modifies the Post and Telegraph Rates (Defence Forces) Act 1939-1940. Under section 1, sub-section (3) of the original Act is omitted, while section 4 is amended to include the definition of ‘representative of an organization’ as someone appointed by an authorized organization to provide welfare services to members of the Defence Forces. This definition is critical for understanding who is eligible for the special postal and telegraph rates outlined in the Act. Sections 5 and 5a are further amended in section 4 to ensure that these benefits extend to representatives of organizations, in addition to members of the Forces themselves.
The obligations imposed by this Act primarily concern the provision of special postal and telegraph rates for Defence Forces members and their representatives. Organizations authorized to provide services to these members must appoint representatives who can benefit from these reduced rates. Furthermore, the Defence Forces and the relevant authorized organizations must ensure that the communications facilitated by these rates are used for legitimate purposes aligned with the Act’s objectives of supporting Defence Forces members and their welfare.
The Act also outlines consequences for breaches of its provisions. While the Act itself does not specify particular offences or penalties, the broader legislative framework under which it operates may impose sanctions for misuse of postal and telegraph services. Typically, misuse could result in penalties under general postal and communications laws, which may include fines or other civil penalties. It is crucial for entities and individuals governed by this Act to adhere strictly to its terms to avoid any potential legal repercussions.