Postal Regulations 1935 (Amendment)

Legislation au C1937L00035 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1937. No. 35.

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REGULATIONS UNDER THE POST AND TELEGRAPH ACT 1901-1934.*

I, THE DEPUTY OF 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 the Ninth day of April, 1937.

Deputy of the Governor-General.

By His Excellency’s Command,

Postmaster-General.

Amendment of the Postal Regulations.†

Franking machine impressions: refunds.

1. Regulation 76 of the Postal Regulations is omitted and the following Regulation inserted in its stead:—

“76.—(1.) The Postmaster-General or an officer authorized in that behalf may, upon application in writing by the user, make a refund of the amount representing the value of defective impressions, impressions made in error, or impressions placed on articles which for adequate reasons were not transmitted through the post, but a deduction of five per centum of the face value of the impressions shall be made.

(2.) Refund shall be made only when the following conditions are complied with:—

(a) The application for refund must be made in writing and be signed by the user or by a responsible person acting on his behalf.

(b) The application must be presented at the time of the first setting of the meter after the date of the impression in respect of which a refund is claimed.

(c) If the impression was actually placed on an article intended for transmission by post, the entire envelope, cover, wrapper or label must be presented with the application for refund.

(d) If the impression was made on an impression slip which for any reason was not affixed to the article intended for transmission by post, the entire impression slip must be presented with the application for refund.

(3.) In cases where the denomination of the franking impression is illegible, refund shall be made only in respect of the amount of the lowest denomination of impression which the applicant’s machine is capable of making.”

 

* Notified in the Commonwealth Gazette on

† Statutory Rules 1935 No. 3 as amended by Statutory Rules 1935 Nos. 53, 70, 80 and 95; 1936 Nos. 50 and 113; 1937 No. 13.

1299.— 6/17.3.1937.—Price


Purpose for which franking machines may be used.

2. Regulation 77 of the Postal Regulations is omitted and the following Regulation inserted in its stead:—

“77. Subject to these Regulations a franking machine may be used for:—

(a) Making impressions indicating the value of the postage and fees prepaid on postal articles except parcels for places beyond the Commonwealth;

(b) Making impressions indicating the date of the posting of the articles upon which the value of the postage and fees is impressed by the machine, and the post office at which such articles are posted; and

(c) Impressing upon postal articles such additional matter as the Postmaster-General approves.”

Postage on parcels must be prepaid.

3. Regulation 187 of the Postal Regulations is omitted and the following Regulation inserted in its stead:—

“187.—(1.) Except in cases where authority is given under Regulation 60 for payment of the postage to be made by the addressee, the postage on a parcel shall be fully prepaid:—

(a) by means of adhesive postage stamps affixed either on the cover of the parcel close to the address or on a label supplied by the department to be affixed to the parcel;

(b) by means of franking machine impressions made in accordance with the regulations relating to the use of franking machines.

(2.) The franking machine impressions appearing on any one parcel shall not exceed five in number.

(3.) A combination of franking machine impressions and postage stamps for the prepayment of the postage on any one parcel shall not be permitted.

(4.) In cases where the covering of a parcel is of material to which stamps and labels will not readily adhere, or the covering or contents of the parcel might be damaged by the pressure of an obliterating stamp, or the article for transmission is posted without a cover, the postage stamps or franking machine impressions may be placed on a tie-on label which is securely attached to the parcel.

(5.) Except in cases where the sender has established a parcel post deposit account at the Post Office of posting, postage stamps in prepayment of the postage on a parcel shall be affixed to the parcel by the sender or by the person handing in the parcel for transmission.”

Date of operation.

4. These Regulations shall come into operation on the 1st May, 1937.

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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1937 No. 35, enacted by the Deputy of the Governor-General in accordance with the advice of the Federal Executive Council, establish regulations under the Post and Telegraph Act 1901-1934 to address issues related to the use of franking machines and the refund of defective or erroneous impressions. The objective of these regulations is to provide a systematic process for refunds of postage value due to defective impressions, errors in franking, or when postage impressions are placed on items not transmitted via post. The regulations set out specific conditions and procedures for such refunds, including the requirement for written applications, presentation of relevant materials with the application, and deductions applicable to the refund amount. Additionally, the regulations clarify the permissible uses of franking machines and the conditions under which postage must be prepaid on parcels, aiming to ensure compliance with postal regulations and facilitate efficient postal services. These regulations came into effect on 1 May 1937.

Scope and Application

The Regulations under the Post and Telegraph Act 1901-1934, which came into operation on 1st May 1937, apply to all users of franking machines in Australia, including individuals, businesses, and entities that utilise franking machines for prepaying postage on mail and parcels. These Regulations govern the use of franking machines to ensure proper postage is paid, and they outline procedures for refunds of defective or erroneous impressions, subject to specific conditions. The application of these Regulations extends across the Commonwealth, ensuring uniformity in the operation of franking machines and the prepayment of postage. Certain exclusions and limitations apply, such as the restriction on the number of franking machine impressions allowed on a single parcel and the prohibition of combining franking machine impressions with postage stamps for parcel postage. Furthermore, the Regulations are subject to amendment and extension through subordinate instruments, allowing for updates to address changes in postal services or technological advancements.

Key Provisions

The Statutory Rules of 1937, No. 35, made under the Post and Telegraph Act 1901-1934, introduce specific regulations concerning franking machine impressions, the use of franking machines, and the prepayment of postage on parcels. Regulation 76 details the conditions under which refunds for defective impressions, erroneous impressions, or impressions on non-transmitted articles can be issued, subject to a 5% deduction from the face value (Reg. 76(1)-(3)). Regulation 77 outlines the permissible uses of franking machines, including indicating postage and fees on postal articles, marking the date and post office of posting, and including additional approved matter (Reg. 77). Regulation 187 mandates that postage on parcels must be fully prepaid, either via adhesive stamps or franking machine impressions, with specific restrictions on the number and combination of these prepayments (Reg. 187(1)-(5)). These regulations impose several obligations on the parties involved. Users of franking machines must comply with the conditions set forth in Regulation 76 when applying for refunds, such as submitting written applications, presenting the relevant envelope or impression slip, and adhering to the timeline for making the application (Reg. 76(2)). Franking machine users must ensure that their machines are used only for the purposes specified in Regulation 77, which includes adhering to the limits on the number of impressions per parcel and avoiding combinations of stamps and impressions (Reg. 77). Additionally, parcel senders must ensure that postage is prepaid in accordance with Regulation 187, using either stamps or franking impressions, and following the prescribed methods of affixation (Reg. 187(1)-(5)). Failure to comply with these regulations can result in various consequences. Although specific offences and penalties are not detailed within the text provided, breaches of these regulations could potentially lead to administrative actions, financial penalties, or other sanctions as determined by the Postmaster-General or relevant authorities. The omission of explicit penalties in the provided text suggests that enforcement mechanisms and penalties might be defined in other parts of the Post and Telegraph Act or in subsequent regulations.

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