STATUTORY RULES.
1914. No. 66.
REGULATION UNDER THE POST AND TELEGRAPH ACT
1901-1913.
THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following amended Regulation under the Post and Telegraph Act 1901-1913 to come into operation forthwith.
Amendment of the Post and Telegraph Regulations 1913.
(Statutory Rules 1913, No. 348.)
Dated this 2nd day of June, One thousand nine hundred and fourteen.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
AGAR WYNNE.
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The Post and Telegraph Regulations 1913 are amended—
1. By repealing Regulation 339, and inserting the following Regulation in its stead:—
339. (1) The cost of a reply may be prepaid, and a reply-form shall then be delivered to the addressee, who shall be at liberty to send a telegram of the value prepaid, from any telegraph office within the Commonwealth. A reply-form need not necessarily be used for a reply, but may be used to prepay or partly prepay any single telegram for transmission to any place within the Commonwealth, within three months from the date of issue.
(2) A telegram containing in the text thereof the words “Reply paid,” or the indication “R.P.” (either of which must be paid for by the sender as part of the telegram), shall not be accepted for transmission unless an amount in prepayment of the desired reply has actually been lodged by the sender of such telegram.
(3) If the sender of the reply telegram refuses to pay any excess upon the amount prepaid, the excess words can only be sent in accordance with the provisions of Regulation 338.
(4) If the addressee of a “reply paid” telegram refuses or fails to use the reply-form, the amount paid for the reply shall, if the unused reply-form remains in the possession of the Department, or is produced by the sender, be refunded to the
C.2897.—Price 3d.
sender of the original telegram at the expiration of three months from its date of issue, or at an earlier date if an application for refund is made by the sender.
(5) In cases where the words “reply paid” are inserted in the original telegram, the prepaid reply shall be sent at the same rate (that is, ordinary or urgent) as the original telegram. The sender of the reply paid telegram may, however, require that the reply be sent at either rate, by inserting the words “reply paid ordinary” or “reply paid urgent,” as the case may be, in the original telegram, and prepaying the proper charges.
and
2. By repealing Regulation 345.
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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Post and Telegraph Regulations 1914, enacted by the Governor-General in Council, serve to amend the Post and Telegraph Regulations of 1913. This legislative instrument addresses the need for updated and precise regulations governing the cost and procedure of reply-paid telegrams within the Commonwealth, ensuring efficient communication services. The primary policy objective is to streamline the process of prepaid replies, providing clear guidelines for both senders and recipients, and ensuring that the cost and method of reply are explicitly stated and prepaid.
This regulation was established by the Federal Executive Council under the authority of the Post and Telegraph Act 1901-1913, aiming to provide a more structured framework for the use of reply-paid telegrams, thereby enhancing the reliability and clarity of telegraphic communications.
Scope and Application
The amended Post and Telegraph Regulations 1913, made under the Post and Telegraph Act 1901-1913, apply to any individual or entity wishing to send or receive telegrams within the Commonwealth of Australia, encompassing all states and territories. The regulations govern the conduct and transactions related to the payment of reply telegrams, ensuring that any telegram marked with "Reply paid" or "R.P." must have a prepayment for the reply, with specific provisions for refunds if the reply-form is unused after three months. Additionally, the regulations specify how reply telegrams are to be sent, either at the same rate as the original telegram or at an alternative rate as indicated by the sender. The amendment primarily affects individuals, businesses, and other entities engaged in telegraphic communication within Australia, ensuring a clear and regulated process for reply telegrams. This amendment does not introduce new exclusions or exemptions but provides a detailed structure for managing reply telegrams, thus affecting all persons and entities using the telegraph services in the Commonwealth.
Key Provisions
The amended Post and Telegraph Regulations 1913 introduce significant changes to the provisions regarding reply-paid telegrams. Regulation 339 (1) allows for the prepayment of the cost of a reply, enabling the addressee to send a telegram of the prepaid value from any telegraph office within the Commonwealth. A reply-form can be used to prepay or partly prepay any single telegram, with the prepaid telegram being usable within three months from the date of issue. Regulation 339 (2) mandates that a telegram containing the words “Reply paid,” or the indication “R.P.” must have the appropriate prepayment lodged by the sender, and will not be accepted otherwise. Regulation 339 (3) specifies that if the sender of a reply telegram refuses to pay any excess, the excess words can only be sent under the provisions of Regulation 338. Regulation 339 (4) outlines the refund process for unused reply-forms, where the amount paid for the reply will be refunded to the sender if the addressee fails to use the reply-form and the form is either in the possession of the Department or produced by the sender. Finally, Regulation 339 (5) allows the sender to specify the rate (ordinary or urgent) for the prepaid reply, either by default or by inserting specific words in the original telegram and prepaying the appropriate charges.
These regulations impose specific obligations on both the sender and the addressee of telegrams. For the sender, it is essential to ensure that the prepayment is made and the correct indications are included if they wish to specify the rate of the reply telegram. The sender must also be prepared to pay any excess charges if the reply exceeds the prepaid amount. For the addressee, the key obligation is to use the reply-form provided if they wish to utilise the prepaid amount for their reply. Failure to use the reply-form results in a refund to the sender, as stipulated in Regulation 339 (4). Additionally, the Department has the responsibility to manage the refund process if an unused reply-form is produced by the sender.
The amended regulations do not explicitly mention offences, penalties, or civil/criminal consequences for breach. However, non-compliance with the prepayment requirement (Regulation 339 (2)) could potentially result in the telegram not being accepted for transmission, thereby preventing the intended communication. Additionally, if the sender refuses to pay any excess upon the amount prepaid, the excess words can only be sent under the provisions of Regulation 338, which might incur additional charges or complications. Failure to adhere to the refund process (Regulation 339 (4)) could result in disputes between the sender and the Department regarding the return of prepaid amounts. While specific penalties are not outlined in the regulations, non-compliance could lead to operational inefficiencies and potential disputes over prepaid services.