EXPLANATORY STATEMENT
STATUTORY RULE 1982 NO. 402
Issued by the Authority of the Minister for Communications.
The Postal and Telegraphic Services (General) Regulations (the Regulations) were made both under the Post and Telegraph Act 1901 and the Wireless Telegraphy Act 1905.
With the repeal of the Post and Telegraph Act 1901, the provisions of the Regulations so far as they were relevant to the operations of the Australian Telecommunications Commission and the Australian Postal Commission were picked up and incorporated in the Telecommunications (General) By-Laws, the Postal Services Regulations and the Postal By-Laws.
The purpose of the Statutory Rule is to formally repeal the Postal and Telegraphic Services (General) Regulations.
Overview
The Postal and Telegraphic Services (General) Regulations Repeal Statutory Rule 2004 (C2004L05787) was enacted to address the redundancy of the existing regulations following the repeal of the Post and Telegraph Act 1901. This Statutory Rule was issued under the authority of the Minister for Communications and is aimed at streamlining and modernising the regulatory framework for postal and telecommunications services in Australia. By repealing the outdated regulations, the Statutory Rule supports the transition to a more contemporary regulatory environment that aligns with the functions of the Australian Telecommunications Commission and the Australian Postal Commission, as reflected in the Telecommunications (General) By-Laws, the Postal Services Regulations, and the Postal By-Laws. The policy objective is to ensure that the regulatory provisions governing these services are current, efficient, and effective in supporting the delivery of modern communications services.
Scope and Application
The scope of the Statutory Rule 1982 No. 402 involves the formal repeal of the Postal and Telegraphic Services (General) Regulations, which were originally made under the Post and Telegraph Act 1901 and the Wireless Telegraphy Act 1905. This repeal specifically pertains to the provisions of these regulations that were relevant to the operations of the Australian Telecommunications Commission and the Australian Postal Commission. These provisions have been incorporated into the Telecommunications (General) By-Laws, the Postal Services Regulations, and the Postal By-Laws, thus rendering the original regulations redundant. The geographic and jurisdictional reach of this Statutory Rule is nationwide, applying to all entities operating within the Australian telecommunications and postal services sectors as defined by these new regulatory frameworks. There are no stated exclusions, exemptions, or thresholds specified in the Statutory Rule, and the application of this repeal is confined to the scope outlined without extending to any subordinate instruments.
Key Provisions
The main operative sections of the Statutory Rule 1982 No. 402 focus on the formal repeal of the Postal and Telegraphic Services (General) Regulations (sections 1 and 2). Section 1 specifies the exact regulations being repealed, while section 2 provides the date from which the repeal takes effect. This means that the specified regulations, which previously governed postal and telegraphic services under the Post and Telegraph Act 1901 and the Wireless Telegraphy Act 1905, are no longer in force.
The obligations and requirements imposed by the Statutory Rule are centred around ensuring a smooth transition of regulatory provisions from the repealed regulations to the new by-laws. The rule mandates that the provisions of the repealed regulations that pertain to the operations of the Australian Telecommunications Commission and the Australian Postal Commission be incorporated into the Telecommunications (General) By-Laws, the Postal Services Regulations, and the Postal By-Laws. This ensures continuity in regulatory oversight and operational standards, although now under different legislative instruments.
Under this Statutory Rule, there are no direct obligations or requirements placed on the entities it governs beyond the incorporation of the repealed regulations' provisions into the new by-laws and regulations. However, it implicitly requires that these entities ensure compliance with the new legislative instruments that have taken over the functions of the repealed regulations.
Regarding offences, penalties, or consequences for breach, the Statutory Rule itself does not explicitly outline any new penalties or consequences for non-compliance with the new by-laws and regulations that have replaced the repealed regulations. However, any failure to comply with the provisions now found in the Telecommunications (General) By-Laws, the Postal Services Regulations, or the Postal By-Laws could result in the usual penalties or consequences under those respective instruments. The specific penalties for breaches would depend on the detailed provisions of those by-laws and regulations.