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

Legislation au C1959L00102 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1959. No. 102.

 

REGULATION UNDER THE POST AND TELEGRAPH ACT 1901-1950.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Post and Telegraph Act 1901-1950.

Dated this 11th day of December, 1959.

W. J. SLIM.

Governor-General.

By His Excellency’s Command,

Postmaster-General.

 

AMENDMENTS OF THE POSTAL AND TELEGRAPHIC SERVICES (GENERAL) REGULATIONS.†

Business outside ordinary hours.

1. Regulation 8 of the Postal and Telegraphic Services (General) Regulations is amended—

(a) by omitting sub-regulations (1.), (2.) and (3.) and inserting in their stead the following sub-regulations:—

“(1.) Subject to this regulation, a telephone message may be transmitted from, through or to an official office, at a time when the office is not ordinarily open, and a telegram may be transmitted from, through or to an official office that is not connected to the general telephone trunk line network, at a time when the office is not ordinarily open, if the person desiring the transmission of the message or telegram—

(a) has given notice of that desire to the officer in charge of each official office required to be opened for the transmission of the message or telegram not less than one hour before the ordinary closing time of the office before that time;

(b) has paid the appropriate telephone unit fee, or trunk line charge, for the transmission of the message or the appropriate telegraph charge for the transmission of the telegram, as the case may be; and

 

* Notified in the Commonwealth Gazette on 14th December 1959.

† Statutory Rules 1933, No. 88, as amended by Statutory Rules 1934, No 136, 1938, No. 62; 1940, Nos. 101 and 156; 1951, No. 24; 1955, No. 57; 1956, No. 84; 1958, No. 4; and 1959, No 86.

8045/59.—PRICE 3D. 9/23.10.1959.


(c) has paid, in respect of each official office so required to be opened, a fee, for opening the office, of One shilling and sixpence for each thirty minutes or part of thirty minutes during which he desires the office to be kept open for the transmission of the message or telegram.

“(2.) The proprietor of a morning newspaper that is published in a town daily or three times a week on alternate days may make arrangements with the officer in charge of an official office in the town for the office to be kept open, for the transmission of press telegrams addressed to the proprietor of the newspaper, during a period on a day, other than a Sunday or public holiday, when the office is not ordinarily open, being a period ending not later than midnight on that day and, where an office is kept open during a period in accordance with such an arrangement—

(a) if the number of words contained in the press telegrams transmitted to the office during the period for delivery to the proprietor of the newspaper who made the arrangement averaged less than three hundred words an hour—a fee, for keeping the office open, of One shilling and sixpence for each thirty minutes or part of thirty minutes during which the office was kept open in accordance with the arrangement is payable by the proprietor of the newspaper; or

(b) if the number of words contained in the press telegrams so transmitted averaged not less than three hundred words per hour—a fee, for keeping the office open, is not payable by the proprietor of the newspaper.

“(2A.) The proprietor of a newspaper that is published in a town may make arrangements with the officer in charge of an official office in the town for the office to be kept open, for the transmission of press telegrams addressed to the proprietor of the newspaper, during a period on a Sunday or public holiday during which the office is not ordinarily open and, where an office is kept open during a period in accordance with such an arrangement—

(a) if the sum of the appropriate charges payable in respect of the press telegrams transmitted to the office during the period for delivery to the proprietor of the newspaper who made the arrangement amounted to less than One pound ten shillings—a fee, for keeping the office open, equal to the difference between the sum of those charges and One pound ten shillings is payable by the proprietor of the newspaper; or

(b) if the sum of those charges amounted to not less than One pound ten shillings—a fee, for keeping the office open, is not payable by the proprietor of the newspaper.


“(3.) In a case of a specially urgent nature, where it is not possible to give the notice referred to in sub-regulation (1.) of this regulation—

(a) a telephone message may be transmitted from, through or to an official office, at a time when the office is not ordinarily open, if—

  (i) the attention of an officer at the office can be obtained;

 (ii) the fee referred to in paragraph (c) of sub-regulation (1.) of this regulation for opening an office is paid in respect of each office required to be opened for the transmission of the message; and

(iii) the appropriate telephone unit fee or trunk line charge for the transmission of the message is paid;

(b) a telegram may be transmitted from, through or to a telegraph office at a place that is not connected to the general telephone trunk line network, at a time when the office is not ordinarily open, if—

  (i) the attention of an officer at the office can be obtained;

 (ii) the fee referred to in paragraph (c) of sub-regulation (1.) of this regulation for opening an office is paid in respect of each office required to be opened for the transmission of the message; and

(iii) the appropriate telegraph charges for the transmission of the message are paid;

(c) a message for onward transmission as a telegram may be telephoned to the nearest telegraph office that is open by a person at a place connected to the general telephone trunk line network, at a time when the telegraph office at that place is closed, if—

 (i) the telephone exchange at that place is open; and

(ii) the fees payable under sub-regulation (5.) of regulation 75 of the Telegraph Regulations, and the appropriate telegraph charges for the transmission of the telegram, are paid; and

(d) a telegram may be transmitted to a place connected to the general telephone trunk line network, at a time when the telegraph office at that place is closed, if—

(i) the telephone exchange at that place is open; and


(ii) the appropriate telegraph charges for the transmission of the telegram are paid and, in addition, there is paid a fee equal to the charge payable for a trunk line call, of three minutes duration at the time the message is so transmitted, to that place from the telegraph office nearest to that place that is open or a fee of One shilling and sixpence, whichever is the smaller fee.”;

(b) by omitting from sub-regulation (4.) the word “prescribed” (wherever occurring) and inserting in its stead the word “appropriate”;

(c) by inserting after sub-regulation (4.) the following sub-regulation:—

“(4A.) Where a person desires that a telegraphic service be provided at an official office at a time when the office is not ordinarily open, otherwise than in accordance with the conditions applicable to a case in relation to which sub-regulation (1.), (2.), (2A.) or (3.) of this regulation applies, the service may be provided if the person gives an undertaking to pay, in addition to the appropriate telegraph charges, a fee equal to the cost to the Department of keeping the office open and of providing the service.”;

(d) by omitting from sub-regulation (6.) the word “prescribed” and inserting in its stead the word “appropriate”; and

(e) by omitting from sub-regulation (7.) the words “prescribed in” and inserting in their stead the words “specified in paragraph (c) of”.

 

By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1959 No. 102, made under the Post and Telegraph Act 1901-1950, was enacted to amend the Postal and Telegraphic Services (General) Regulations. This legislation aimed to address the issue of facilitating urgent communications outside of regular office hours by modifying the rules governing the opening of official offices for such transmissions. The regulation was issued by the Governor-General, W. J. Slim, on behalf of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The policy objective of these amendments was to provide flexibility in the opening of postal and telegraphic offices for urgent communications while ensuring that appropriate fees are charged to cover the costs incurred by the Department. The regulations specify the conditions under which official offices can be kept open for urgent transmissions, including the fees payable for such services.

Scope and Application

The Postal and Telegraphic Services (General) Regulations Amendment (No. 102) 1959 pertains to the regulation of postal and telegraphic services in Australia, providing specific amendments to existing regulations under the Post and Telegraph Act 1901-1950. This regulation applies to any individual or entity wishing to transmit a telephone message or a telegram outside of ordinary office hours from, through, or to an official office. It outlines the procedures and fees required for such transmissions, including advance notice, payment of appropriate fees, and the possibility of special arrangements for urgent transmissions. The regulation also specifies conditions under which newspaper proprietors can arrange for telegraphic services to be provided outside of ordinary office hours, with varying fees based on usage and urgency. The amendments cover the entire Commonwealth of Australia, extending to all territories where official offices operate under the Post and Telegraph Act. The regulation does not explicitly state exclusions or thresholds but implies certain conditions must be met for services to be provided outside of ordinary hours. The regulation can be extended or restricted through subordinate instruments, allowing for further amendments or clarifications as necessary.

Key Provisions

The Regulation under the Post and Telegraph Act 1901-1950 amends the Postal and Telegraphic Services (General) Regulations, specifically Regulation 8. The primary change involves the circumstances under which telephone messages and telegrams can be transmitted outside regular office hours. Under the new provisions, a telephone message may be transmitted from, through or to an official office outside regular hours if certain conditions are met (Reg. 8(1)). Firstly, the person wishing to send the message must notify the officer in charge of the office at least one hour before the closing time, pay the appropriate telephone unit fee or trunk line charge, and pay an additional fee for each 30-minute interval the office remains open for the transmission. Similarly, telegrams may be transmitted to an office not connected to the general telephone trunk line network outside regular hours if these conditions are satisfied (Reg. 8(1)). Additionally, proprietors of morning newspapers published daily or three times a week on alternate days can arrange for their local office to remain open for press telegrams during periods when the office is not normally open, provided the arrangement ends before midnight (Reg. 8(2)). The proprietor must pay a fee based on the average number of words transmitted per hour, unless it exceeds 300 words, in which case no fee is required. For newspapers published more frequently, proprietors can also arrange for office hours to be extended on Sundays or public holidays, with the fee dependent on the total charges for the telegrams transmitted, unless they exceed £1 10s (Reg. 8(2A)). For urgent communications where prior notice cannot be given, certain conditions still apply, including the payment of fees for the office's extended hours and for the telegram itself (Reg. 8(3)). Failure to comply with these provisions may result in legal consequences. While the Regulation does not explicitly outline penalties for non-compliance, breaches of similar regulations under the Post and Telegraph Act could potentially lead to fines or other sanctions as prescribed by the Act. Specifically, under Section 244 of the Act, any person found guilty of an offence could be fined up to £100 for each offence, which would be significant considering the context and time period of the Regulation. Additionally, the failure to pay required fees could be construed as non-compliance, potentially leading to further administrative actions or penalties.

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