Post and Telegraph Regulations 1913 (Amendment)

Overview

The Statutory Rules 1918 No. 327, known as the Regulations Under the Post and Telegraph Act 1901-1916, were enacted to amend the existing Post and Telegraph Regulations 1913. This legislative instrument was made under the authority of the Governor-General in Council and came into operation immediately upon its promulgation. The primary purpose of these regulations is to address the safe transportation of hazardous and controlled substances through the postal system. Specifically, the regulations introduce stricter packing requirements for articles needing special attention and delineate the conditions under which dangerous substances such as strychnine, arsenic, and morphine can be sent by post. The policy objective is to ensure the safety of postal workers and the general public by regulating the packaging and transmission of potentially harmful materials.

Scope and Application

The Regulations under the Post and Telegraph Act 1901-1916 apply to any entities or individuals involved in the transmission of articles through the postal service within the Commonwealth of Australia. Specifically, the regulations govern the packing and transmission of certain hazardous substances such as strychnine, arsenic, arsenate of soda, morphine, and cocaine, ensuring they are sent under strict conditions to safeguard public safety. The regulations mandate that these substances must be enclosed in a wooden case of a specified thickness and sent via registered packet post, with clear labelling indicating the contents as "Poison" along with the sender's name and address. The regulations extend to all postal articles regardless of whether they are sent as letters, packets, or parcels, with an exception for those on which letter rate postage is paid, which may be closed against inspection. The scope of these regulations is national, applying uniformly across all states and territories of Australia, thereby establishing a consistent standard for the handling of hazardous materials through the postal system.

Key Provisions

The main operative sections of these regulations, introduced under the Post and Telegraph Act 1901-1916, include the addition of new regulations 8a and 46a. Regulation 8a mandates that any packing requirements specified by the regulations apply to articles regardless of whether they are sent as letters, packets, or parcels, although it allows for postal articles charged at the letter rate to be closed against inspection (section 1). Regulation 46a introduces specific conditions for the transmission of certain hazardous substances, including strychnine, arsenic, arsenate of soda, morphine, and cocaine, by post (section 2). These conditions include the use of a wooden case with specific dimensions, the use of registered packet post, and the requirement for the packet to be labelled as “Poison” with the sender’s name and address (section 2(b) and (c)). The regulations impose several obligations on parties or entities involved in the transmission of postal articles. Firstly, any person sending articles that require special packing must ensure that these articles are packed according to the regulations, even if they are sent as letters, packets, or parcels (section 1). Secondly, for hazardous substances listed in regulation 46a, the sender must ensure that the substances are enclosed in a wooden case as specified, sent by registered packet post, and clearly labelled as “Poison” with the sender’s details (section 2(b) and (c)). Failure to comply with these requirements could result in the refusal of postal services for the articles in question. There are no specific offences or penalties mentioned in the regulations themselves. However, any breach of these regulations could potentially result in civil or criminal consequences under the overarching Post and Telegraph Act 1901-1916, depending on the severity and intent of the breach. The Act may provide for fines, imprisonment, or other penalties as deemed appropriate for violations of its provisions. The exact penalties would depend on the specific circumstances of the breach and any applicable laws at the time of the offence.