Postal Regulations 1935 (Amendment)

Overview

The Statutory Rules of 1959, No. 26, made under the Post and Telegraph Act 1901-1950, were introduced to address gaps in the management and regulation of postal services, particularly in relation to the payment of postage. Enacted by the Governor-General, W. J. Slim, with the advice of the Federal Executive Council, these regulations sought to streamline the process of postage payment by allowing authorised entities other than the sender to pay for postage under certain conditions. This legislative instrument aimed to ensure that the cost of providing postal services could be effectively managed and recovered through specified surcharges. The regulations also included provisions to prevent misuse of the system, such as posting articles with inscriptions that falsely claim postage will be paid by someone other than the sender. The overarching policy objective was to maintain the efficiency and integrity of the postal service while providing flexibility in the payment process.

Scope and Application

This Statutory Rule, made under the Post and Telegraph Act 1901-1950, pertains specifically to the regulation of postal services within the Commonwealth of Australia. It replaces Regulation 60 of the Postal Regulations, enabling the Postmaster-General to authorize the payment of postage on postal articles by someone other than the sender, subject to certain conditions. These conditions may include the imposition of a surcharge on the postage amount, either a fixed rate or a percentage of the postage, to cover the costs associated with providing such a service. The regulation also explicitly prohibits the posting of articles with inscriptions indicating that the postage will be paid by someone other than the sender unless authorised by the Postmaster-General. Breach of this prohibition carries a penalty of five pounds. The regulation applies broadly to any person or entity involved in sending postal articles within Australia, including departments of state and Commonwealth authorities, thereby ensuring compliance with the prescribed conditions for alternative payment of postage.

Key Provisions

The main operative sections of this regulation (Regulation 60) provide that the Postmaster-General can authorise the payment of postage on postal articles by someone other than the sender, subject to certain conditions (s. 60(1)). The conditions can include a surcharge of either half a penny per article or a fifth of the postage amount (s. 60(2)). If the postage is to be paid by a department or authority of the Commonwealth, the Postmaster-General can specify the method of ascertaining the postage amount (s. 60(3)). Additionally, a sender cannot post an article with an inscription indicating that the postage will be paid by someone other than the intended recipient unless the Postmaster-General has allowed such payment under this regulation (s. 60(4) and (5)). The regulation imposes specific obligations on parties involved in the posting of articles. The Postmaster-General must establish and communicate the conditions under which postage can be paid by someone other than the sender. Senders of postal articles must ensure that any claim that postage will be paid by another person complies with the conditions set by the Postmaster-General. Failure to adhere to these conditions can result in penalties. Furthermore, the regulation mandates that no article can be posted with an inscription indicating that the postage will be paid by another person unless the Postmaster-General has explicitly allowed this under the regulation. Violations of the regulation can lead to significant consequences. The penalty for knowingly posting an article with an inscription stating that the postage will be paid by someone other than the sender, without the Postmaster-General's approval, is a fine of five pounds (s. 60(5)). This penalty underscores the importance of compliance with the conditions set forth by the Postmaster-General regarding the payment of postage by a third party. The strict enforcement of these provisions aims to ensure the smooth operation of postal services and the financial integrity of the postal system.