Post and Telegraph Regulations 1913 (Amendment)

Overview

The Statutory Rules 1919 No. 281, issued under the Post and Telegraph Act 1901-1916, aim to amend the Post and Telegraph Regulations 1913, specifically addressing the registration of newspapers. Enacted by the Governor-General, acting on advice from the Federal Executive Council, these regulations were intended to ensure newspapers met certain criteria for registration, thereby facilitating their distribution through the postal system. This legislative instrument seeks to establish clear guidelines for newspaper registration, including requirements for applications and declarations to verify the nature and distribution of the publication. The overarching policy objective is to regulate the postal delivery of newspapers effectively, ensuring compliance with legislative standards and maintaining the integrity of the postal service.

Scope and Application

The Post and Telegraph Regulations 1913, as amended by Statutory Rules 1919 No. 281, apply specifically to proprietors, printers, and publishers of newspapers seeking to register their publications under the Post and Telegraph Act 1901-1916. These regulations govern the registration process for newspapers, stipulating the necessary conditions and documentation required for registration. This includes a written application with a detailed description of the newspaper, submission of the latest and two previous issues, and a registration fee of 5 shillings. Additionally, applicants must provide statutory declarations affirming that the publication is printed and sold within the Commonwealth and meets the criteria for a newspaper, as well as declarations from two independent trade professionals verifying the newspaper’s status. The regulation applies to all persons or entities within the Commonwealth involved in the publication of newspapers, aiming to ensure compliance with the postal and telegraph services' requirements. The geographic reach of these regulations is national, as they apply across all states and territories within Australia. There are no explicit exclusions or exemptions stated in this regulation, but it does emphasise that the publication must be primarily for sale and not for free distribution to a significant extent.

Key Provisions

The amended Regulation 82 under the Post and Telegraph Act 1901-1916 specifies the process for newspaper registration. As per Regulation 82(1), the proprietor, printer, or publisher of a newspaper, as defined under section 28 of the Act, may register their newspaper at the General Post Office of any State, provided they meet the conditions stipulated in the regulation. To apply for registration, an individual must submit a written application, as detailed in Regulation 82(2), which includes a description of the newspaper and information on the publication intervals. This application must be accompanied by three copies of the latest issue of the newspaper and one copy each of the two preceding issues, along with a fee of 5s, as stated in Regulation 82(3). Additionally, the application should include several statutory declarations. Regulation 82(4)(a) requires a declaration from the applicant affirming that the newspaper is printed and published within the Commonwealth for sale, not for free distribution, and that at least 75% of the copies are sold to bona fide subscribers. The applicant must also declare whether any previous registration application has been made for the same or any other title. Furthermore, the application must include two statutory declarations from independent persons in the trade, such as publishers and newsagents, who are not involved in the proprietorship or printing of the newspaper, nor subscribers to it, as outlined in Regulation 82(4)(b). These declarants must confirm that they personally recognise the publication as a newspaper in the generally accepted sense, and that it is not recognised as a magazine, review, or similar publication. The obligations imposed by Regulation 82 on the proprietors, printers, and publishers of newspapers include the necessity to provide detailed written applications for registration, accompanied by specific copies of their publications and the requisite fee. The regulation mandates that the applicant must ensure at least 75% of the newspaper copies are sold to bona fide subscribers, not distributed freely. Furthermore, the applicant must submit statutory declarations affirming that the publication is recognised as a newspaper and not as a magazine or similar publication, and they must declare whether any previous registration application has been made. Additionally, two statutory declarations from independent persons in the trade, who are not associated with the newspaper's proprietorship, printing, or subscription, must be included. These declarants must confirm the recognition of the publication as a newspaper and that it is not recognised as a magazine or similar publication. Breaches of the provisions outlined in Regulation 82 may lead to civil or criminal consequences, depending on the nature and severity of the non-compliance. While the specific offences, penalties, or consequences for breach are not explicitly stated in the regulation, it is likely that failure to adhere to the conditions for newspaper registration could result in legal action, fines, or other penalties as prescribed by the Post and Telegraph Act 1901-1916 or other relevant legislation. The precise penalties would be determined by the courts or relevant authorities in accordance with the applicable laws.