Postal and Telegraphic Services (General) Regulations 1933 (Amendment)

Overview

The Statutory Rules 1938 No. 62, made under the Post and Telegraph Act 1901-1934 and the Wireless Telegraphy Act 1905-1936, was introduced to address the need for stricter regulations regarding the protection of telegraph lines and other property of the Postmaster-General from interference and damage. Enacted by the Administrator of the Government of the Commonwealth of Australia on 22 June 1938, with the advice of the Federal Executive Council, the regulation aims to provide a clear framework for preventing unauthorised interference with postal and telegraphic services. The policy objective is to ensure that any work or actions that could potentially interfere with or damage the telegraph lines or other property of the Postmaster-General are conducted in a manner that avoids such interference, with appropriate notifications and adherence to prescribed guidelines to protect these vital communication assets.

Scope and Application

The regulation under the Post and Telegraph Act 1901-1934 and the Wireless Telegraphy Act 1905-1936 targets any person who is not an officer or an authorised agent of the Postmaster-General, prohibiting them from removing or interfering with any telegraph line or other property of the Postmaster-General. This applies to any individual or entity not authorised by the Postmaster-General who may need to perform work or activities that could potentially impact the telegraph lines or property. The regulation extends across the Commonwealth of Australia, imposing obligations and penalties on those who fail to comply with the notice requirements and precautions to avoid interference with the Postmaster-General’s property. Notably, this regulation does not explicitly exclude any specific industries or types of conduct but generally applies to any unauthorised interference. Additionally, the regulation allows for the recovery of expenses incurred by the Postmaster-General due to necessary actions to protect, repair, or restore telegraph lines and property. Any contraventions of this regulation may result in a penalty, unless the offence is covered under another provision of the Act.

Key Provisions

The primary operative sections of this regulation concern the protection of telegraph lines and other property of the Postmaster-General. Specifically, section 9(1) mandates that no person, except an officer or authorised agent of the Postmaster-General, shall remove or interfere with any telegraph line or other property of the Postmaster-General. Section 9(2) further stipulates that any person intending to perform work or an act that may involve the removal or interference with such property must notify the Deputy Director, Posts and Telegraphs, or their authorised representative in the relevant state, at least 48 hours before commencing the work or act. Section 9(3) outlines that this notice must be in writing and reach the Deputy Director or their authorised representative within the stipulated timeframe. These provisions impose several obligations on the parties or entities governed by the Act. Firstly, any individual or entity planning to execute work or perform an act that could interfere with telegraph lines or other property of the Postmaster-General must provide written notification to the Deputy Director or their authorised representative at least 48 hours in advance. Secondly, individuals or entities must take all reasonable care and use proper means to avoid injury or interference with the telegraph lines or property of the Postmaster-General. Additionally, they must comply with any reasonable requirements set by the Deputy Director or their authorised representatives regarding the method of performing the work to prevent any interference. Failure to adhere to these provisions results in potential criminal and civil consequences. Specifically, section 9(5) states that any person contravening or failing to comply with any provision of this regulation is guilty of an offence. Unless the act or omission constitutes an offence under the Act for which another penalty is prescribed, the offender is liable to a penalty of not less than ten shillings and not more than ten pounds. Additionally, section 9(5) allows for the recovery of any expenses incurred by the Postmaster-General in protecting the telegraph lines or property, making good any damage, or removing and restoring the telegraph lines or property, to be pursued in a court of competent jurisdiction.