Post and Telegraph Regulations 1913 (Amendment)

Overview

The Statutory Rules 1917, No. 111, which amended the Post and Telegraph Regulations 1913, were introduced to address issues related to the management of postal articles, particularly concerning demurrage charges. This legislative instrument was enacted by the Governor-General in Council, acting on advice from the Federal Executive Council, and came into effect immediately. The regulation sought to establish a structured and transparent process for charging demurrage on parcels and other postal articles that remained undelivered for a specified period, thereby ensuring that the postal service could manage its resources efficiently while providing clarity to addressees regarding the costs associated with delayed delivery. This amendment aimed to streamline postal operations and provide a clear policy framework for handling postal articles that had not been claimed by their addressees within the stipulated timeframe.

Scope and Application

The amended regulation, as stipulated in Statutory Rules 1917, No. 111, under the Post and Telegraph Act 1901-1916, introduces new provisions for charging demurrage on postal articles. This regulation applies to any parcel or postal article for which Customs duty is payable, provided it remains undelivered for more than forty-eight hours after the addressee has been notified of its arrival. The regulation outlines that demurrage will be charged at a rate of two pence for every twenty-four hours or fraction thereof that the article remains undelivered beyond the initial forty-eight hours, with Sundays and public holidays excluded from this period. However, if the notification cannot reach the addressee within the standard twenty-four hours due to the ordinary course of mail circulation, an additional twenty-four-hour period without demurrage charge is allowed for each delayed hour. The regulation also specifies that no parcel or article on which demurrage is chargeable will be delivered until all due demurrage has been paid, and exempts parcels addressed to persons on board ship from demurrage charges. Furthermore, any demurrage charge for undeliverable parcels returned to the country of origin is to be cancelled. This regulation applies nationally, extending the reach of the Commonwealth's postal services governance throughout Australia.

Key Provisions

The amended Regulation 234 under the Post and Telegraph Act 1901-1916 addresses the charging of demurrage on parcels or postal articles. Section (1) specifies that demurrage is applicable if a parcel remains undelivered for more than forty-eight hours after notifying the addressee of its arrival, with a charge of two pence for every twenty-four hours or part thereof beyond the initial forty-eight hours. However, if the notification cannot reach the addressee within twenty-four hours due to the ordinary mail circulation, an additional twenty-four hours are allowed without charge for each extra day the notification is delayed. Section (2) mandates that the notification must specify the date from which demurrage will commence. Section (3) stipulates that no parcel subject to demurrage can be delivered until all due demurrage is paid. Section (4) exempts parcels addressed to persons on board ship from demurrage charges. Finally, section (5) states that demurrage charges are cancelled for parcels returned as undeliverable to their country of origin. Under this amended regulation, postal authorities have the responsibility to notify addressees of the arrival of their parcels and to charge demurrage if the parcel remains uncollected beyond the specified period. The authorities must also ensure that the parcels are not delivered until all demurrage is paid, except in cases where the parcels are addressed to persons on board ship or are returned as undeliverable. Additionally, postal authorities are obligated to indicate the date from which demurrage will be charged in the notification sent to the addressee. Breaching the provisions of this regulation can lead to civil consequences for non-compliance. For instance, parcels that remain uncollected beyond the stipulated period and attract demurrage charges must not be delivered until all due demurrage is paid. Failure to adhere to this requirement could result in the postal authority being liable for any losses or damages incurred by the addressee due to the delay. Furthermore, the regulation does not specify any criminal penalties for non-compliance, suggesting that the primary enforcement mechanism is civil in nature.