STATUTORY RULES.
1943. No. 237.
REGULATIONS UNDER THE POST AND TELEGRAPH ACT 1901-1934.*
I, THE GOVERNOR-GENERAL 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 sixteenth day of September, 1943.
Governor-General.
By His Excellency’s Command,
Postmaster-General.
Amendments of the Postal Regulations.†
Re-direction of postal articles.
1. Regulation 97 of the Postal Regulations is amended—
(a) by omitting sub-regulation (3.); and
(b) by omitting paragraph (a) of sub-regulation (5.) and inserting in its stead the following paragraph:—
“(a) the postage originally paid would not have been sufficient if the article had been originally addressed to its new destination,”.
Fees and compensation in respect of article other than C.O.D. parcels.
2. Regulation 163 of the Postal Regulations is amended by adding at the end thereof the following proviso:—
“Provided that, in the case of an article addressed to any member of His Majesty’s Forces or of the Forces of any foreign Power allied or associated with His Majesty in any war in which His Majesty is engaged, the registration fee shall be three pence and the maximum amount of compensation shall be Two pounds.”.
Compensation payable for loss, damage or rifling of sealed articles and for loss of unsealed articles.
3. Regulation 165 of the Postal Regulations is amended—
(a) by omitting from sub-regulation (2.) the word “or” (last occurring); and
* Notified in the Commonwealth Gazette on , 1943.
† Statutory Rules 1935, No. 3, as amended by Statutory Rules 1935. Nos. 53, 70, 80 and 95; 1936, Nos. 50 and 113; 1937, Nos. 13, 35, 37 and 48; 1938, Nos. 2, 55, 94 and 100; 1939, Nos. 44, 57 and 66; 1940, Nos. 1 and 232; 1942, Nos. 5, 313, 439 and 554; and 1943, Nos. 57 and 94.
4542.—Price 3d. 25/22.7.1943.
(b) by adding, at the end of that sub-regulation, the following paragraph:—
“or (h) in respect of the loss of, or damage to, an article addressed to or posted by a member of the Forces of the United States of America occurring while the article is in the hands of the United States Naval or Army Postal Services.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules of 1943, Number 237, titled "Regulations Under the Post and Telegraph Act 1901-1934," was enacted to address the evolving requirements of postal services during wartime. The Governor-General, in accordance with the advice of the Federal Executive Council, established these regulations to amend existing postal regulations, reflecting the demands of the global conflict and the need for efficient communication with military personnel. These amendments introduced adjustments to the re-direction of postal articles, fees for registration and compensation, and the scope of compensation for loss, damage, or theft of postal items, particularly those sent to members of allied forces. This legislative instrument underscores the policy objective of ensuring the postal service's continued functionality and reliability in support of the war effort.
Scope and Application
The Regulations under the Post and Telegraph Act 1901-1934, specifically Statutory Rules 1943 No. 237, apply to the postal services within the Commonwealth of Australia, regulating the procedures and fees associated with postal services during the period of World War II. These regulations affect individuals and entities sending or receiving postal articles, with particular provisions for articles addressed to members of His Majesty's Forces, allied foreign forces, and members of the United States Armed Forces. The regulations also amend existing Postal Regulations to address redirection of postal articles, fees for registered articles, and compensation for loss, damage, or rifling of sealed articles and loss of unsealed articles. The provisions include specific amendments to the existing regulations and include provisions that extend the application through subordinate instruments.
Key Provisions
The main operative sections of these regulations include amendments to the Postal Regulations, specifically targeting re-direction of postal articles, fees and compensation for certain articles, and compensation for loss, damage or rifling of sealed articles and for loss of unsealed articles (Regulations 1, 2, and 3). Regulation 97(a) removes sub-regulation (3) and replaces a paragraph in sub-regulation (5) to clarify circumstances where additional postage is required for re-directed postal articles. Regulation 163 adds a proviso concerning the registration fee and compensation for articles addressed to members of His Majesty’s Forces or allied forces, setting the registration fee at three pence and the maximum compensation at Two pounds. Regulation 165(a) modifies sub-regulation (2) by removing the last occurrence of the word “or,” and (b) adds a new paragraph to sub-regulation (2) to include compensation for loss or damage to articles handled by United States Naval or Army Postal Services when addressed to or posted by members of the United States Forces.
These regulations impose specific obligations and requirements on postal service users and administrators. Users must ensure that adequate postage is paid for re-directed articles, particularly in cases where the original postage was insufficient for the new destination. For articles addressed to members of His Majesty’s Forces or allied forces, the regulation sets a fixed registration fee and maximum compensation amount, which must be adhered to by postal service providers. Additionally, the regulation extends compensation provisions to include articles handled by United States Naval or Army Postal Services, ensuring that specific conditions and limits apply in such cases.
The regulations also outline consequences for breaches, although specific offences, penalties, or legal consequences are not explicitly detailed within the text provided. Typically, under Australian administrative law, breaches of statutory regulations may result in fines, administrative penalties, or other enforcement actions as prescribed by the relevant legislation or determined by a court or administrative tribunal. The maximum penalties, if applicable, would depend on the specific nature of the breach and the provisions of the broader legislative framework governing postal services and regulation enforcement.