Post and Telegraph Regulations 1913 (Amendment)

Overview

The Statutory Rules 1920 No. 38 represents a regulation made under the Post and Telegraph Act 1901–1916 by the Governor-General, acting on the advice of the Federal Executive Council. This regulation, which came into effect from 1 January 1920 for the United States of America and 12 January 1920 for the Philippine Islands, was designed to amend the Post and Telegraph Regulations 1913. Specifically, it revised the rates of commission applicable to these territories, substituting the previous rates for the Philippine Islands with new rates for the United States of America, including Hawaii, and reaffirming the rates for the Philippine Islands. This legislative instrument aimed to address the need for updated postal and telegraphic communication rates between Australia and these specified territories.

Scope and Application

The regulation under the Post and Telegraph Act 1901–1916, Statutory Rules 1920 No. 38, pertains to the amendment of the Post and Telegraph Regulations 1913, specifically addressing the rates of commission for postal transactions with the United States of America and the Philippine Islands. This legislation applies to individuals and entities involved in postal services, including those responsible for the transportation and delivery of mail between the Commonwealth of Australia and these specified regions. The regulation modifies the existing rates of commission applicable to the transmission of mail, providing distinct rates based on the amount of the transaction. Notably, the regulation delineates that it comes into effect on different dates for the United States of America and the Philippine Islands, with the former taking effect from 1st January 1920 and the latter from 12th January 1920. The regulation does not explicitly mention any exclusions, exemptions, or thresholds beyond those outlined for the commission rates. Furthermore, the regulation implies that further modifications or clarifications may be enacted through subordinate instruments as necessary.

Key Provisions

The main operative sections of this statutory regulation, which amends the Post and Telegraph Regulations 1913, involve the alteration of the rates of commission for the United States of America, including Hawaii or the Sandwich Islands, and the Philippine Islands. Specifically, Regulation 276 is amended by removing the entry for the "Philippine Islands" from the table of rates of commission and replacing it with a new entry that sets out different rates based on the amount of the transaction (Reg. 276). For amounts not exceeding one pound, the regulation specifies a commission of sixpence for every two shillings or fraction of two shillings, with a minimum rate of four shillings and sixpence (Reg. 276(a)). For amounts exceeding one pound, the commission is set at four shillings and sixpence for each pound, and for any amount less than a pound, the commission is sixpence for every two shillings or fraction thereof (Reg. 276(b)). The obligations and requirements imposed by this regulation pertain to the calculation and collection of commissions for postal and telegraph services between the specified territories and the Commonwealth of Australia. Service providers must adhere to the new rates outlined in Regulation 276 for transactions involving the United States of America, including Hawaii or the Sandwich Islands, and the Philippine Islands. These rates must be applied correctly to ensure that the appropriate commission is charged and collected based on the amount of the transaction. Failure to comply with the provisions of this regulation may result in civil or criminal consequences. While the regulation itself does not explicitly state penalties for non-compliance, breaches of similar regulations typically result in fines or other sanctions under the Post and Telegraph Act 1901–1916. The exact penalties would depend on the nature and severity of the breach, and could potentially include fines or other legal actions as determined by the relevant authorities. The maximum penalties for breaches of the Post and Telegraph Act could be significant, reflecting the importance of accurate and compliant handling of postal and telegraph services.