STATUTORY RULES.
1937. No. 48.
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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 mate the following Regulations under the Post and Telegraph Act 1901-1934.
Dated this eleventh day of May, 1937.
Governor-General.
By His Excellency’s Command,
Postmaster-General.
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Amendment of the Postal Regulations.†
1. Regulation 6 of the Postal Regulations is amended by omitting the words “surcharged at such rate” and inserting the words “dealt with as an insufficiently prepaid postal article” in their stead.
2. Regulation 12 of the Postal Regulations is amended by omitting the words “transmitted by post only” and inserting the word “classified” in their stead.
3. Regulation 16 of the Postal Regulations is amended—
(a) by omitting from sub-regulation (1.) the words “prepaid letter” and inserting the words “prepaid postal article” in their stead.
(b) by omitting sub-regulation (2.) and inserting the following sub-regulation in its stead:—
(2.) “In the case of an article exceeding two ounces in weight which has been surcharged owing to its being closed against inspection, if the addressee opens it in the presence of the Postmaster and it is found not to contain anything rendering the article liable to surcharge, the surcharge imposed on account of its being closed against inspection may be remitted.”
4. Regulation 27 of the Postal Regulations is amended—
(a) by omitting from sub-regulation (1.) the words “prepaid letter” and inserting the words “prepaid postal article” in their stead.
* 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, and 1937 Nos. 13, 35 and 37.
2115.—6/29.4.1937.—Price 3d.
(b) by omitting sub-regulation (2.) and inserting the following sub-regulation in its stead:—
(2.) “If on receiving an article which has been surcharged owing to its being closed against inspection the addressee opens it in the presence of the Postmaster and it is found not to contain anything rendering the article liable to surcharge, the surcharge imposed on account of its being closed against inspection may be remitted.”
5. Regulation 63 of the Postal Regulations is amended by omitting sub-regulation (4.) and inserting the following sub-regulation in its stead:—
(4.) “Wholly unpaid postal articles, except newspapers, and postal articles bearing postage at a rate lower than that prescribed for the class to which they belong by reason of their nature or the nature of any enclosure or endorsement they contain or bear, posted in the Commonwealth for delivery therein or transmission to Papua, Lord Howe Island, Norfolk Island, New Guinea (formerly German New Guinea) and Nauru, shall, except in the cases where the Postmaster-General has allowed payment of the postage payable to be made by the addressee instead of by the sender, or where there is an evident attempt to defraud, be transmitted to the office of destination surcharged double the deficiency in postage, provided that the amount of surcharge imposed on an article posted as second or third class matter or which is sealed against inspection, and not prepaid at letter rate shall not exceed the amount of the surcharge which would have been payable had the article originally been regarded as an irregularly posted parcel and transferred to the Parcel Post. Wholly unpaid newspapers shall be forwarded to the Dead Letter Office.”
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1937 No. 48, enacted under the authority of the Post and Telegraph Act 1901-1934, represent amendments to the Postal Regulations with the aim of streamlining and clarifying the procedures related to insufficiently prepaid postal articles, the classification of items, and the remittance of surcharges. This legislative instrument was introduced to address discrepancies and ambiguities in the existing regulations, ensuring that the processes governing the handling of postal items are more coherent and efficient. The amendments were made by the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council, thereby solidifying the regulatory framework intended to govern postal services more effectively.
Scope and Application
The Postal Regulations under the Post and Telegraph Act 1901-1934 govern the handling of postal articles within the Commonwealth of Australia and its territories, including Papua, Lord Howe Island, Norfolk Island, New Guinea (formerly German New Guinea), and Nauru. These regulations primarily apply to individuals and entities involved in the posting of articles, including private citizens, businesses, and government bodies. They cover a range of conduct and transactions involving the mailing of items, including the handling of insufficiently prepaid articles, the classification of mail, and the imposition of surcharges for certain types of mail. The regulations also address the remission of surcharges under specific conditions, such as when an article closed against inspection is opened in the presence of a Postmaster and found not to contain any prohibited items. Exemptions and special provisions are included for wholly unpaid postal articles and newspapers, with certain surcharges and handling protocols specified. The application of these regulations can be extended or modified through subordinate instruments, allowing for adjustments and updates to meet changing postal needs and practices.
Key Provisions
The Regulations under the Post and Telegraph Act 1901-1934, specifically Statutory Rules 1937 No. 48, detail several amendments to the Postal Regulations. Regulation 6 has been amended to replace the term "surcharged at such rate" with "dealt with as an insufficiently prepaid postal article," thereby altering how insufficiently prepaid articles are handled (Reg. 6). Regulation 12 has been revised to change the term "transmitted by post only" to "classified," indicating a change in the classification process for postal articles (Reg. 12). Regulation 16 has been modified to replace "prepaid letter" with "prepaid postal article" in sub-regulation (1), broadening the scope of prepaid items beyond just letters (Reg. 16(1)). Additionally, sub-regulation (2) has been updated to allow for the remission of surcharges imposed on articles closed against inspection if opened in the presence of the Postmaster and found to contain no prohibited items (Reg. 16(2)).
These amendments impose several obligations on the parties involved. Postal service providers must now handle insufficiently prepaid postal articles according to the updated regulation (Reg. 6). They are also required to classify postal articles as per the new stipulations (Reg. 12). Furthermore, they must apply the new definition of prepaid postal articles and follow the process for remitting surcharges on closed articles, contingent on inspection and the presence of the Postmaster (Reg. 16). The changes also necessitate that wholly unpaid postal articles, except newspapers, and those with insufficient postage be surcharged double the deficiency unless certain exceptions apply (Reg. 63(4)).
The Regulations do not explicitly detail offences, penalties, or consequences for non-compliance within the provided text. However, the implications of not adhering to these new provisions could include improper handling of postal articles, incorrect classification, and inappropriate application of surcharges, potentially leading to service disruptions or financial discrepancies within the postal service. Enforcement of compliance would likely be managed through internal postal service policies and oversight mechanisms.