STATUTORY RULES.
1958. No. 4.
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 9th day of January, 1958.
W. J. Slim
Governor-General.
By His Excellency’s Command,
Postmaster-General.
Amendment of the Postal and Telegraphic Services (General) Regulations.†
After regulation 6a of the Postal and Telegraphic Services (General) Regulations the following regulations are inserted:—
Carriage of postal articles across roads, footways, &c.
“6b.—(1.) Notwithstanding the provisions of a law of a State or Territory of the Commonwealth, an officer or servant of the Department may, in connexion with—
(a) the collection of postal articles from a post office or from a letter pillar or a box erected for the reception of postal articles; or
(b) the delivery of postal articles to a post office,
carry or place postal articles upon a public street, public road, public footway (whether forming part of a public street, public road or public place or not) or other public place.
Officers, &c., not to disobey certain directions given by policemen.
“6c. The last two preceding regulations do not authorize an officer or servant of the Department to disobey a direction given to him by a member of the police force of a State or Territory of the Commonwealth, being a direction which, but for those regulations, the officer or servant would be required by a law of the State or Territory to obey.”.
* Notified in the Commonwealth Gazette on 16th January, 1958.
† 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; and 1956, No. 84.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.
6703/57.—Price 3d. 9/25.11.1957.
Overview
The Statutory Rules 1958, No. 4, enacted under the Post and Telegraph Act 1901-1950, address the need to clarify and streamline postal services' operational procedures within Australia. This regulation, made by the Governor-General in accordance with the advice of the Federal Executive Council, aims to resolve potential conflicts between state and federal regulations concerning the postal service's operations. The specific problem it addresses includes ensuring that postal service officers and servants can carry out their duties without legal impediments posed by state or territory laws, particularly when collecting or delivering postal articles on public roads and footways. The overarching policy objective is to facilitate efficient and uninterrupted postal services across the country.
Scope and Application
The Statutory Rules 1958, No. 4, made under the Post and Telegraph Act 1901-1950, provide specific amendments to the Postal and Telegraphic Services (General) Regulations. This regulation applies to officers and servants of the Department, allowing them to carry or place postal articles on public streets, roads, footways, and other public places during the collection and delivery of mail, despite any state or territory laws to the contrary. The regulation extends to the Commonwealth, thereby having a national reach. However, officers and servants of the Department are required to follow directions given by members of the police force of a state or territory, which they would be obligated to follow under state or territory law. This regulation does not introduce any exclusions or exemptions and does not establish any thresholds for its application. The scope of the regulation is further defined and potentially extended through subordinate instruments, which may provide additional details or clarifications on the conduct allowed under these provisions.
Key Provisions
The main operative sections of this statutory rule are 6b and 6c of the Postal and Telegraphic Services (General) Regulations. Section 6b(1) permits officers or servants of the Department to carry or place postal articles on public streets, roads, footways, or other public places during the collection or delivery of these articles, regardless of state or territory laws. This is intended to facilitate the efficient operation of postal services without hindrance from local regulations. Section 6c ensures that these officers or servants must still obey lawful directions from police officers, thereby balancing the need for postal service operations with public safety and order.
These regulations impose certain obligations on the officers and servants of the Department. They must adhere to the rules set out in the regulations, particularly the provisions regarding the carriage and delivery of postal articles across public spaces. Despite the broad permissions granted, they are not allowed to ignore lawful police directions, which means they must comply with any instructions given by police officers that would ordinarily be binding under state or territory laws.
Failure to comply with these provisions could lead to legal consequences. While the statutory rule does not explicitly state penalties for breaches, non-compliance with police directions could result in legal action under state or territory laws. Additionally, disregarding the primary provisions of the regulation could lead to administrative penalties or sanctions under the Post and Telegraph Act 1901-1950. It is important for officers and servants of the Department to be fully aware of both their permissions and limitations under this regulation to avoid any potential legal issues.