Post and Telegraph Regulations 1913 (Amendment)

Overview

The Statutory Rules of 1918, No. 30, under the Post and Telegraph Act 1901–1916, represent an amendment to the Post and Telegraph Regulations of 1913. Enacted by the Governor-General in Council, this legislative instrument seeks to address the need for clear guidelines on search fees for telegrams that require tracing within the postal and telegraph services. The objective is to ensure that fees are charged appropriately based on the information provided and the extent of the search required, thereby providing a transparent and fair process for customers. This amendment, made by the Commonwealth of Australia, specifies that if sufficient particulars are provided to trace a telegram, the fee is set at one shilling. However, if these particulars are lacking, the fee increases to two shillings and sixpence, or one shilling for each day's telegrams examined, whichever is greater. This regulation aims to streamline the fee structure while maintaining accountability and efficiency in the postal and telegraph services.

Scope and Application

The amended Regulation under the Post and Telegraph Act 1901–1916 applies to entities involved in the transmission and handling of telegrams, particularly those who are responsible for conducting searches for telegrams. It sets out the fees for such searches, distinguishing between instances where sufficient particulars are provided to facilitate an efficient search, and instances where they are not. The fees outlined are applicable to each office involved in the search, with the regulation specifying One shilling when sufficient information is provided, and Two shillings and sixpence, or One shilling for each day's telegrams examined if the information is inadequate, whichever amount is higher. This regulation applies nationally across the Commonwealth of Australia, governing the practices of all post and telegraph offices. There are no stated exclusions or exemptions within the regulation itself, though broader exceptions might be found in the overarching Post and Telegraph Act 1901–1916 or other related legislation. The regulation is a direct amendment of the Post and Telegraph Regulations, 1913, and any further extensions or restrictions of its application would likely be detailed in subsequent amendments or subordinate instruments.

Key Provisions

The main operative sections of this statutory regulation (Regulation 375) pertain to the fees associated with searching for telegrams. Section 375 outlines that if sufficient details are provided to facilitate the tracing of a telegram, the search fee will be one shilling. However, if the necessary particulars are not provided, the fee increases to two shillings and sixpence, or alternatively, one shilling for each day's telegrams examined, whichever amount is higher. Importantly, these fees apply to each office where the business is to be examined. The obligations imposed by this regulation on the parties involved are primarily financial. The sender of a telegram who requires a search must either provide sufficient details to enable an efficient search, thereby incurring a lower fee, or face the higher fees if such details are not provided. The postal service, on the other hand, is obligated to perform the search as requested and charge the appropriate fees based on the information provided and the effort required. In terms of breaches and potential penalties, the regulation itself does not explicitly state any criminal or civil penalties for non-compliance with the fee structure. However, it is implicit that failure to pay the correct fee when a search is conducted could lead to disputes or legal actions regarding the charges. The regulation sets out clear financial obligations and consequences for not providing adequate information, thereby ensuring that the postal service can recover its costs in performing these searches. While the regulation does not detail specific penalties for non-payment or other breaches, the enforcement of the fees is intended to ensure compliance. Any disputes over the fees charged could potentially be resolved through the courts, but the regulation does not outline any specific legal or criminal repercussions for non-payment or incorrect fee application. The primary focus is on ensuring that the postal service is compensated appropriately for the effort and resources expended in conducting telegram searches.