STATUTORY RULES.
1925. No. 42.
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REGULATIONS UNDER THE POST AND TELEGRAPH ACT 1901-1923.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the undermentioned amended Regulations under the Post and Telegraph Act 1901-1923, to come into operation on and from 1st March, 1925.
Dated this fourth day of March, 1925.
FORSTER,
Governor-General.
By His Excellency’s Command,
W. G. GIBSON,
Postmaster-General.
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Amendments of the Post and Telegraph Regulations.
(Statutory Rules 1913, No. 348, as amended to this date.)
1. Regulation 247 is omitted, and the following regulation inserted in its stead:—
Parcels containing any of the following articles will not be insured against damage, but they may be insured against loss only, on payment of fees on the same scale as those fixed for insurance of other articles against loss or damage, viz. liquids, semi-liquids, perishable articles such as eggs, butter, fruit, flowers, confectionery, &c, fragile articles such as glassware, millinery, &c. Under no circumstances shall compensation be paid for damage to a parcel containing any of the above-mentioned articles, and compensation shall be paid only in the event of the loss of the entire parcel.
2. Regulation 251 is amended by omitting the words “Ceylon, India, or Germany,” and inserting, in their stead the words “any other place to which insured parcels may be sent.”
3. Regulation 252 is amended by omitting the words “India, or Germany”, and inserting in their stead the words “other place from which insured parcels may be received”.
4. Regulation 255 is amended by omitting sub-regulation (2) and inserting the following sub-regulation in its stead:—
(2) An application for compensation shall not be entertained unless it is made within twelve months from date of posting of an insured parcel addressed to or via the United Kingdom, or to any other place to which insured parcels may be sent. The application may be made to the Postal Administration of either the country of origin or of delivery, but the certificate of posting and insurance must be produced when required.
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Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.
Overview
The Statutory Rules of 1925, No. 42, consist of amended Regulations under the Post and Telegraph Act 1901-1923, which were introduced to refine and update the existing postal regulations in Australia. Enacted by the Governor-General with the advice of the Federal Executive Council, these regulations aim to address the evolving needs of postal services by clarifying insurance policies for parcels, updating the geographical scope of parcel delivery, and setting a specific timeframe for claiming compensation for lost or damaged parcels. The overarching policy objective is to ensure that the postal service operates efficiently and fairly, protecting both the interests of the postal administration and those of the public who rely on these services.
Scope and Application
The Post and Telegraph Regulations 1925, as amended, apply to all parcels being sent through the Australian postal system, particularly those that require insurance. The regulations pertain to the terms and conditions under which parcels can be insured against loss, but not against damage, for a specified list of articles. This legislative instrument governs the conduct of the postal service in relation to the insurance of parcels and compensation claims. The amendments extend the geographic scope of the regulations to include any place to which insured parcels may be sent, thereby removing prior restrictions related to specific countries like Ceylon, India, or Germany. Additionally, the regulations set a timeframe for submitting compensation claims, which must be made within twelve months from the date of posting. The application for compensation can be made to the Postal Administration of either the country of origin or the country of delivery, provided that the certificate of posting and insurance is presented. This legislation operates within the Commonwealth jurisdiction and applies across Australia, with the possibility of further specification or extension through subordinate instruments.
Key Provisions
The amended Regulations under the Post and Telegraph Act 1901-1923, coming into force on 1st March 1925, introduce specific provisions regarding the insurance of parcels against damage or loss. Regulation 247, for example, stipulates that parcels containing certain articles, such as liquids, perishable items, and fragile goods, cannot be insured against damage but may be insured against loss. These parcels will be insured on the same fee scale as other items, and compensation will only be provided in the case of total loss of the parcel, not for damage (Reg. 247). Additionally, Regulations 251 and 252 have been updated to broaden the scope of locations to which and from which insured parcels can be sent, removing previous restrictions to Ceylon, India, or Germany, and allowing for insured parcels to be sent to or received from any place (Regs. 251 and 252). Furthermore, Regulation 255 has been amended to require that any application for compensation for an insured parcel must be submitted within twelve months from the date of posting, with the application needing to be made to the postal administration of either the origin or delivery country (Reg. 255).
The amended Regulations impose several obligations on parties involved in the sending of insured parcels. Senders must ensure that parcels containing specified articles are only insured against loss, not damage, and must pay the requisite fees. They must also retain the certificate of posting and insurance and make any compensation application within twelve months of posting the parcel (Reg. 255). Postal administrations are required to adhere to the new provisions regarding the types of articles that can be insured and the timeframes for compensation claims (Reg. 247). Furthermore, both postal administrations of origin and delivery are obligated to entertain compensation applications if the required certificate is produced (Reg. 255).
Failure to comply with the provisions of the amended Regulations can result in civil consequences. For instance, if a sender does not adhere to the requirements for insuring parcels against loss and not damage, or if they fail to apply for compensation within the stipulated twelve months, they may not be entitled to compensation for loss or damage to their parcel (Reg. 247, Reg. 255). Additionally, if the certificate of posting and insurance is not produced when required, the postal administration may not be obligated to entertain the compensation application (Reg. 255). The Regulations do not explicitly state any criminal penalties for breaches but imply that non-compliance with the compensation application process and timeframes could result in the denial of compensation claims.