Post and Telegraph Regulations 1913 (Amendment)

Legislation au C1914L00124 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1914. No. 124.

REGULATION UNDER THE POST AND TELEGRAPH ACT 1901-1913.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Post and Telegraph Act 1901-1913, namely—

Post and Telegraph Regulations, 1913

(Statutory Rules 1913, No. 348).

Regulation 6aProduction of Documents in Legal Proceedings, to come into operation forthwith.

Dated this 31st day of August, One thousand nine hundred and fourteen.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

AGAR WYNNE.

______________

After Regulation 6 the following heading and regulation are inserted:—

Production of Documents in Legal Proceedings.

6a. (1) If any person who is a party in any legal proceedings between private litigants or the solicitor of such person desires the production of an official document as evidence in the proceedings, the person or his solicitor may make application on Form A or Form B set out hereunder, whichever is appropriate to the circumstances, to the Deputy Postmaster-General in whose custody the document is, for the production of the document—

Form A.

In the Court

at 

19    No.   

Plaintiff,

and

Defendant.

Whereas an action is now pending in the  Court of  at  in the State of                            in which                            is plaintiff and                                          is defendant. And whereas it is necessary for the purposes of justice and for the due determination of the matters in dispute between (a)                            and (b)                            that the documents more particularly described in the Schedule

(a) Plaintiff, (b) Defendant.


hereunder written should be produced and shown forth on the hearing of the above action.

NOW therefore I as (c)     have the honour to request, and do hereby request, that for the reasons aforesaid and for the assistance of the said Court, you, as the Deputy Postmaster-General of the State                            of                                                        will be pleased to cause the said documents to be produced and shown forth on my behalf at the sittings of the said Court to be holden at                            on                            the                            day of                            19              at the hour of                            o’clock in the                            noon, and so from day to day until the above action is tried.

Dated the day of 19

Plaintiff or

Defendant.

To the Deputy Postmaster-General of

the State of

SCHEDULE.

Full Particulars of Documents required.

Date.

 

 

(e) Plaintiff or Defendant.

Form B.

In the Court

at 

19    No.   

Plaintiff,

and

Defendant.

Whereas an action is now pending in the Court of at in the State of  in which                                          is plaintiff and                                          is defendant. And whereas it has been represented to me as Solicitor for the above-named (a)                            that it is necessary for the purposes of justice and for the due determination of the matters in dispute between the parties that the documents more particularly described in the Schedule hereunder written should be produced and shown forth on the hearing of the above action.

NOW therefore I as such Solicitor as aforesaid have the honour to request, and do hereby request, that for the reasons aforesaid and for the assistance of the said Court, you, as the Deputy Postmaster-General of the State of              will be pleased to cause the said documents to be produced and shown forth on behalf of (a)                            at the sittings of the said Court to be holden at              on              the              day of              19              ,

(a) Plaintiff or Defendant.


at the hour of o’clock in the noon, and so from day to day until the above action is tried.

Dated the day of 19 .

Solicitor

and Solicitor for the (a)

To the Deputy Postmaster-General

of the State of

SCHEDULE.

Full Particulars of the Documents required.

Date.

 

 

(a) Plaintiff or Defendant.

(2) If there be no objection on the part of the Department to comply with the application, a notice to that effect shall be forwarded to the person making the application, who shall thereupon pay to the Deputy Postmaster-General—

(a) a fee of one guinea;

(b) a sum sufficient to meet any travelling expenses necessary for the officer searching for or producing the document."

_____________________________

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

C.7527.—Price 3d.

 

Overview

The Post and Telegraph Regulations, 1913, were enacted under the Post and Telegraph Act 1901-1913 and introduced to address the procedural requirements for the production of official documents in legal proceedings. These regulations were made by the Governor-General in Council, which is the enacting body, and they were designed to provide a formal process for private litigants or their solicitors to obtain necessary documents held by the postal service. The policy objective of these regulations is to facilitate the due administration of justice by ensuring that relevant documents are made available in a timely manner for court proceedings, thereby supporting the fair resolution of disputes. The regulations specify the forms and processes for making applications to the Deputy Postmaster-General for the production of documents and outline the fees and expenses associated with this service.

Scope and Application

This statutory rule, numbered 124 and published under the Post and Telegraph Act 1901-1913, establishes a regulation concerning the production of documents in legal proceedings. Specifically, it pertains to individuals or their solicitors who require the production of an official document as evidence in court. The regulation outlines the application process, which involves making a request to the Deputy Postmaster-General in whose custody the document is, using either Form A or Form B, depending on the circumstances. The regulation applies to any person involved in private legal proceedings in the Commonwealth of Australia and extends to all states, as it references the Deputy Postmaster-General of the State. The regulation also specifies the fees that must be paid by the applicant to cover the cost of producing the document and any necessary travel expenses. The regulation is part of a broader legislative framework governing postal services and does not explicitly mention exclusions or exemptions, although the applicability of the regulation may be influenced by other statutory provisions or common law principles.

Key Provisions

The key operative section of this legislation is Regulation 6a, which outlines the process for the production of official documents in legal proceedings (Reg. 6a(1)). A party in private legal proceedings, or their solicitor, may apply to the Deputy Postmaster-General for the production of an official document as evidence. The application must be made using either Form A if the party is directly requesting the document, or Form B if the request is being made by a solicitor on behalf of the party. The application must detail the specific documents required and the date and time they are needed for the court hearing. If there is no objection from the Department, a notice to this effect will be sent to the applicant, who must then pay a fee of one guinea and any travel expenses incurred in locating or producing the document (Reg. 6a(2)). The obligations imposed by this regulation are primarily on the parties or their solicitors who wish to use official documents in their legal proceedings. They must make a formal application to the Deputy Postmaster-General using the correct form and provide full particulars of the documents required. If the Department does not object to the application, the applicant must then pay the prescribed fee and any associated travel expenses. The Deputy Postmaster-General is required to either produce the documents as requested or notify the applicant if the Department objects to the production of the documents. Failure to comply with the requirements of this regulation could result in civil or criminal consequences, although the specific penalties are not detailed in the text. Generally, in Australian legal proceedings, failure to comply with court orders or regulations can result in sanctions such as fines, contempt of court charges, or other legal penalties. The exact nature and severity of the penalties would depend on the specific circumstances of the breach and the discretion of the court.

Legal classification tags

Area of Law
Civil Litigation & Procedure
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.