Post and Telegraph Regulations (Amendment)

Overview

The Post and Telegraph Regulations 1921 were enacted under the Post and Telegraph Act 1901-1916 to address a gap in the regulations concerning the transmission of postal articles that were marked in a specific manner. The problem this legislative instrument aimed to address was the need to ensure that certain types of postal articles, which had been marked with red lines, could not be transmitted without the appropriate registration fee being paid. This regulation was made by the Governor-General in Council under the authority vested in the Governor-General by the Post and Telegraph Act 1901-1916. The policy objective was to enforce a fee for the transmission of postal articles that had been marked as specified, thereby regulating and controlling the postal service more effectively.

Scope and Application

The amended Regulation under the Post and Telegraph Act 1901-1916, introduced by Statutory Rules 1921, No. 209, applies to all individuals and entities engaged in the transmission of postal articles by post within the Commonwealth of Australia. Specifically, the regulation targets postal articles that are marked on either side with red lines drawn lengthwise and across it, imposing a requirement for prescribed registration fees before such items can be transmitted. This regulation applies nationwide, ensuring a consistent approach to the handling of designated postal articles across all states and territories. The regulation does not explicitly state exclusions or exemptions, though it is understood that other postal items not meeting the specified marking criteria remain unaffected. The regulation extends its application through the prescribed registration fee stipulation, ensuring that compliance with this requirement is necessary for the transmission of the specified postal articles.

Key Provisions

The Regulation under the Post and Telegraph Act 1901-1916, introduced via Statutory Rules 1921, No. 209, primarily introduces a new regulation, 93b, which takes effect immediately. Regulation 93b stipulates that any postal article marked on either side with red lines drawn lengthwise and across it cannot be transmitted through the postal service unless the prescribed registration fee has been paid (Regulation 93b). This amendment is intended to regulate and potentially restrict the transmission of certain marked items through the postal system, necessitating compliance with the registration fee requirement. The parties or entities governed by this Act, specifically those who seek to send postal articles marked with the specified red lines, are required to ensure the prescribed registration fee is paid before posting such items. This obligation ensures compliance with the newly introduced regulation, thereby preventing the transmission of items that do not meet the fee requirement. It is crucial for senders to be aware of the specific marking and fee criteria to avoid non-compliance. Breach of this regulation may result in civil or administrative penalties. Specifically, if a sender fails to pay the prescribed registration fee for a postal article marked with red lines as per Regulation 93b, the postal service is not obligated to transmit the item. This non-compliance could lead to the return of the item to the sender or refusal of service. The regulation does not specify maximum penalties, but non-compliance could potentially result in administrative action or fees for the returned or refused postal article.