STATUTORY RULES
1936. No. 50.
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REGULATIONS UNDER THE POST AND TELEGRAPH ACT 1901-1934.*
I, THE GOVERNOR-GENERERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Post and Telegraph Act 1901-1934.
Dated this fifteen day of April, 1936.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
Postmaster-General.
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Amendment of the Postal Regulations.†
Packing of postal articles.
1. Regulation 52 of the Postal Regulations is repealed.
2. Regulation 89 of the Postal Regulations is omitted and the following regulation inserted in its stead:—
Postal articles “in dispute”.
“89.—(1.) When any member of a firm or partnership or of a dissolved firm or partnership, or any person who claims to be entitled to receive the correspondence of a firm or partnership or of a dissolved firm or partnership, or of a society, association, union, institution or other body and who satisfies the Postmaster that he has reasonable grounds for such claim gives notice to the Postmaster not to deliver to any person other than himself any postal article addressed to the firm or partnership, or the society, association, union, institution or other body, the postmaster (unless he is satisfied as to who is entitled to delivery) may refuse to deliver all such postal articles until an agreement is arrived at between the persons interested as to delivery, or until the right of one or other of the parties concerned to receive such postal articles has been determined by a competent authority.
(2.) In default of any such agreement or in the absence of any such determination, the postmaster shall mark the postal articles” In Dispute,” and shall send them to the Dead Letter Office unless they bear requests for their return if not delivered within a certain time, in which case they shall, at the expiration of the time named on the postal article, be returned to the sender.
* Notified in the Commonwealth Gazette on .
† Statutory Rules 1935 No. 3 as amended by Statutory Rules Nos. 53, 70, 80, and 95.
1606.—6/27.3.1936.—Price 3d.
(3.) A postal article shall not be sent to the Dead Letter Office in accordance with this regulation until the expiration of 30 days from the date of the receipt of the above-mentioned notice.”
3. Regulation 99 of the Postal Regulations is amended by omitting sub-regulation (2.) and inserting the following sub-regulation in its stead:—
Re-direction of postal articles.
“(2.) A redirection order shall be acted upon for a term of six months as a maximum:
Provided that where the Deputy Director is satisfied that the circumstances justify an extension of the term he may make such arrangements as will meet the necessities of the case.”
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1936 No. 50, made under the Post and Telegraph Act 1901-1934, addresses the need for updated regulations concerning the packing and delivery of postal articles, particularly in scenarios where there is a dispute over the rightful recipient. Enacted by the Governor-General, with advice from the Federal Executive Council, these regulations were introduced to ensure orderly and secure delivery processes amidst claims of entitlement. The policy objective is to prevent unauthorised delivery of postal articles by allowing interested parties to notify the Postmaster of disputes, thereby requiring the Postmaster to hold the articles until the rightful recipient is determined or an agreement is reached among the parties. These regulations also provide a clear procedure for handling disputed articles, including the option for their return to the sender if marked with specific instructions.
Scope and Application
The Regulations under the Post and Telegraph Act 1901-1934 provide specific provisions concerning the packing of postal articles and the redirection of such articles, applying to all postal articles within the Commonwealth of Australia. These regulations are applicable to individuals and entities, including members of firms or partnerships, dissolved firms or partnerships, and societies or other bodies, who claim entitlement to receive correspondence. The regulations empower postmasters to refuse delivery of postal articles when there is a dispute over the rightful recipient and to direct such articles to the Dead Letter Office if an agreement or competent authority determination is not reached within 30 days. Furthermore, the regulations allow for the redirection of postal articles for a maximum term of six months, with the potential for extensions based on the circumstances. These regulations extend throughout the Commonwealth, ensuring uniformity in postal practices across Australia.
Key Provisions
The key provisions of these regulations under the Post and Telegraph Act 1901-1934 revolve around the handling of postal articles in situations of dispute and redirection. Firstly, regulation 89 outlines the procedure when a member of a firm or partnership, or someone claiming to be entitled to receive correspondence on behalf of such a body, requests the Postmaster not to deliver postal articles to anyone else. This can occur when there is a dispute about who is entitled to receive the correspondence. In such cases, the Postmaster may refuse delivery until an agreement is reached or a competent authority determines the rightful recipient (reg. 89(1)). If no agreement or determination is reached within 30 days, the postal articles are to be marked "In Dispute" and sent to the Dead Letter Office, unless a return request is present, in which case they are returned to the sender after the specified period (reg. 89(2) and (3)). Secondly, regulation 99 details the duration of redirection orders for postal articles. These orders can be in effect for up to six months, but the Deputy Director can extend this term if necessary (reg. 99(2)).
The regulations impose specific obligations on the Postmaster and other relevant parties. The Postmaster must adhere to the directives provided by claimants who have reasonable grounds to believe they are entitled to receive disputed correspondence. If a claimant requests that no other party should receive the postal articles, the Postmaster must comply and either hold the articles or send them to the Dead Letter Office if an agreement is not reached within the stipulated timeframe (reg. 89(1) and (3)). Additionally, the Deputy Director has the authority to extend the term of redirection orders if the circumstances warrant it, ensuring flexibility in managing postal redirections (reg. 99(2)).
Breach of these regulations can lead to certain consequences. The primary consequence for non-compliance with the handling of disputed postal articles is the potential for those articles to be sent to the Dead Letter Office, which could result in loss or delay in delivery. The regulations do not explicitly state any specific penalties for such breaches; however, they imply that adherence to the outlined procedures is critical to avoid these outcomes. For redirection orders, exceeding the six-month term without proper extension by the Deputy Director could lead to administrative issues or service disruptions. Again, the regulations do not outline specific penalties but underscore the importance of following the prescribed processes.