Post and Telegraph Regulations 1913 (Amendment)

Overview

The Statutory Rules 1920 No. 166, titled "Regulation under the Post and Telegraph Act 1901-1916", was enacted to address the need for more stringent control over the import of goods into Australia through postal services. This legislative instrument was made by the Governor-General in Council, acting under the authority delegated by the Commonwealth Parliament. The primary objective of these regulations was to facilitate the enforcement of customs laws by allowing Customs officers to inspect mail suspected of containing dutiable or prohibited goods. This measure aimed to prevent the illegal importation of goods and to ensure that appropriate duties were collected on taxable items. The regulation mandates that any letter received from abroad or posted within Australia, suspected of containing dutiable or prohibited articles, must be opened for examination by a Customs officer before it can be delivered to the addressee, thereby strengthening the regulatory framework governing postal services and customs enforcement.

Scope and Application

The Post and Telegraph Regulations, 1920, as amended, apply to any letters received from places beyond the Commonwealth or posted within the Commonwealth, which are suspected of containing articles subject to Customs duty or prohibited imports. These regulations fall within the jurisdiction of the Commonwealth and are administered by the Postmaster-General. Letters that meet the criteria specified in the regulation must be opened for examination by a Customs officer, and if prohibited articles are found, they will be handed over to Customs for appropriate action. If Customs duty is payable on any articles found within the letters, it must be settled before the letter is delivered to the addressee. The regulation does not specify exclusions, exemptions, or thresholds but leaves room for further interpretation or application through subordinate instruments that may be issued under the authority of the Post and Telegraph Act 1901-1916.

Key Provisions

The Regulation under the Post and Telegraph Act 1901-1916, specifically section 154, outlines the procedures for handling letters suspected of containing prohibited items or goods liable for Customs duty. According to subsection (1), any letter received from overseas or posted within Australia that is suspected of containing such articles must be opened by the addressee or their representative in the presence of a Customs officer for inspection. Subsection (2) mandates that if Customs duty is payable on any article found within the letter, it must be paid before the letter is delivered to the addressee. In the event that a prohibited article is discovered, as outlined in subsection (3), the letter must be handed over to the Customs officer to be dealt with in accordance with the law. The Regulation imposes several obligations on both the postal service and the addressees of letters. The postal service is responsible for identifying letters that may contain prohibited items or articles liable for Customs duty and ensuring they are opened and examined by Customs officers. Addressees or their representatives are required to comply with the Customs officers’ examination of the letters they receive and to pay any Customs duty that may be assessed on the articles found within the letters. Failure to comply with these obligations could result in legal consequences. Breach of the Regulation may result in both civil and criminal consequences. For instance, if an individual fails to pay the Customs duty on an article found in their letter, they may be subject to fines or legal action to recover the unpaid duty. Additionally, the importation of prohibited articles is a serious offence that can lead to criminal charges. The specific penalties for breaches are not detailed within this Regulation but would be outlined in the relevant Customs legislation. Generally, penalties for Customs violations can include fines and imprisonment, depending on the severity of the breach.