Post and Telegraph Regulations 1913 (Amendment) (Provisional)

Overview

The Statutory Rules 1914, No. 70, amend the Post and Telegraph Regulation 1913 under the Post and Telegraph Act 1901-1913. This legislative instrument addresses the need for immediate changes to the items that can be sent via packet post. The urgency of these changes is such that they come into effect immediately as a Provisional Regulation. The Governor-General, acting on the advice of the Federal Executive Council, certifies these amendments, highlighting the importance of updating postal regulations without delay. The policy objective is to refine and restrict the types of articles that can be sent through packet post, ensuring safety and compliance with existing postal laws. The amended Regulation explicitly states that certain items, such as cheques, money orders, and perishable substances, are not to be sent by packet post. Additionally, it prohibits the transmission of items that could be harmful or illegal, such as fraudulent or obscene materials. Exceptions are made for art union tickets, which can still be sent via packet post. This regulation aims to maintain the integrity and security of the postal system by controlling the types of articles that can be mailed.

Scope and Application

The Provisional Regulation under the Post and Telegraph Act 1901-13 applies to the national level within the Commonwealth of Australia, focusing on the regulation of items that can be sent through packet post services. This regulation specifically addresses the types of articles that are prohibited from being sent via this service, such as cheques, money orders, postal notes (except those in bankers' packets), unobliterated adhesive postage stamps, coin, bank-notes, bullion, gold, and perishable substances like game, fish, flesh, fruit, and vegetables, as well as any items that could potentially harm individuals or mail contents. Furthermore, it bans the transmission of notices or information concerning lotteries, schemes of chance, unlawful games, and fraudulent, obscene, indecent, or immoral businesses, in line with the provisions of section 57 of the Post and Telegraph Act 1901-1912. Articles that do not comply with packet regulations or contain prohibited materials are also excluded. However, art union tickets are specifically exempted from these restrictions. This Provisional Regulation is effective immediately and operates as a temporary measure until further legislative action is taken.

Key Provisions

The key provision of this statutory rule, as stated in Regulation 60, is the list of items that cannot be sent via packet post (Regulation 60(1)). This includes cheques, money orders, postal notes (except in bankers' packets), unobliterated adhesive postage stamps, coin, banknotes, bullion, gold, and perishable substances such as game, fish, flesh, fruit, vegetables, and any matter or thing likely to cause injury to persons or mail-bags (Regulation 60(1)(a)-(h)). It also prohibits the transmission of notices or information relating to lotteries, schemes of chance, unlawful games, fraudulent, obscene, indecent, or immoral businesses or undertakings, and other matters covered by section 57 of the Post and Telegraph Act 1901-1912 (Regulation 60(1)(i)). Additionally, any articles not made up in accordance with the relevant regulations relating to packets, or bearing or containing anything not allowed under such regulations, are prohibited (Regulation 60(1)(j)). However, it should be noted that art union tickets are an exception to this prohibition (Regulation 60(2)). The Act imposes obligations on individuals and entities to ensure that the prohibited items listed in Regulation 60 are not sent via packet post. This includes individuals and businesses sending mail or packages, as well as postal service providers responsible for handling and transporting mail. The Act also imposes a requirement on postal service providers to inspect and check mail or packages to ensure compliance with the regulations and to prevent the transmission of prohibited items. Failure to comply with these obligations may result in penalties or legal consequences. Breach of the provisions of Regulation 60 may result in civil or criminal penalties. For example, sending prohibited items via packet post may result in fines, imprisonment, or both, depending on the severity of the breach and the circumstances of the case. The maximum penalties for breaches of the Post and Telegraph Act 1901-1912 are set out in section 102 of the Act, which provides for fines of up to $12,000 for individuals and $60,000 for bodies corporate, as well as imprisonment for up to two years. In addition, postal service providers who fail to comply with their obligations under the Act may be subject to fines or other penalties, as well as potential legal action from affected parties. In summary, Regulation 60 of the Post and Telegraph Act 1901-1912 sets out a list of prohibited items that cannot be sent via packet post, with exceptions for art union tickets. The Act imposes obligations on individuals and entities to ensure compliance with the regulations, as well as on postal service providers to inspect and check mail or packages. Breach of the provisions of Regulation 60 may result in civil or criminal penalties, including fines and imprisonment. The maximum penalties for breaches of the Act are set out in section 102 of the Act, which provides for substantial fines and imprisonment for serious offences.