Postal Regulations 1935 (Amendment)

Legislation au C1956L00067 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1956. No. 67.

 

REGULATIONS UNDER THE POST AND TELEGRAPH ACT 1901-1950.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Post and Telegraph Act 1901-1950.

Dated this twentysixth day of September, 1956.

J. Northcott

Administrator.

By His Excellency’s Command,

(Sgd) C. W. Davidson

Postmaster-General.

 

Amendments of the Postal Regulations.†

Commencement.

1. Except as otherwise provided, these Regulations shall come into operation on the first day of October, 1956.

Parts.

2. Regulation 2 of the Postal Regulations is amended by inserting after the words—

“Part XIII.—Registered Post.”

the words—

“Part XIIIa.—Certified Mail.”.

Prepayment of postage in cash.

3. Regulation 59 of the Postal Regulations is amended—

(a) by inserting in sub-regulation (1.), after the words “(other than parcels)”, the words “, and on large quantities of postal articles accepted for transmission as certified mail,”; and

(b) by omitting from sub-regulation (2.) the words “and registration fee (if any)” and inserting in their stead the words “, registration fees (if any) and fees (if any) payable under Part XIIIa. of these Regulations”.

Fees.

4.—(1.) Regulation 131 of the Postal Regulations is amended—

(a) by omitting from paragraph (a) of sub-regulation (1.) the figures “6 0 0”, “4 0 0” and “2 0 0” and inserting in their stead the figures “8 0 0”, “6 0 0” and “3 0 0”, respectively; and

* Notified in the Commonwealth Gazette on , 1956.

† Statutory Rules 1935. No. 3, as amended to date. For previous amendments of the Postal Regulations see footnote † to Statutory Rules 1956, No. 31.

5322/56.—Price 5d. 10/17.9.1956.


(b) by omitting from paragraph (b) of sub-regulation (1.) the figures “2 0 0”, “1 10 0” and “15 0” and inserting in their stead the figures “3 0 0”, “2 0 0” and “1 0 0”, respectively.

(2.) The amendments of the Postal Regulations effected by the last preceding sub-regulation apply in relation to—

(a) a private mail box the tenancy of which commences on or after the first day of October, 1956; and

(b) the renewal of the tenancy of a private mail box where the tenancy or the last renewal of the tenancy, as the case may be, expires or has expired on or after that date.

Preparation of articles for registered post.

5. Regulation 162 of the Postal Regulations is amended by omitting from sub-regulation (4.) the word “Ninepence” and inserting in its stead the words “One shilling and threepence”.

Fees and compensation in respect of articles other than C.O.D. parcels.

6.—(1.) Regulation 163 of the Postal Regulations is amended by omitting the table and inserting in its stead the following table:—

 

Registration fee.

Maximum amount of compensation.

s.

d.

£

1

3......................................

5

1

6......................................

10

1

9......................................

20

2

0......................................

30

2

3......................................

40

2

6......................................

50

(2.) Regulation 163 of the Postal Regulations is amended by omitting from the proviso the word “Ninepence” and inserting in its stead the words “One shilling and threepence”.

Fees and compensation in respect of C.O.D. parcels.

7. Regulation 164 of the Postal Regulations is amended by omitting from sub-regulation (1.) the word “Ninepence” and inserting in its stead the words “One shilling and threepence”.

Fee for registration of article sent to place beyond Commonwealth.

8. Regulation 171 of the Postal Regulations is amended by omitting the word “Ninepence” and inserting in its stead the words “One shilling and threepence”.

Acknowledgment of receipt.

9. Regulation 174 of the Postal Regulations is amended by omitting the word “Sixpence” (wherever occurring) and inserting in its stead the word “Ninepence”.

10. After regulation 176 of the Postal Regulations the following Part is inserted:—

Part XIIIa.Certified Mail.

Postal articles may be transmitted as certified mail.

“176a.—(1.) Subject to this Part, a postal article, other than a postal article addressed to a country outside the Commonwealth, shall, upon presentation at a post office and payment of a fee of Sixpence in addition to the postage and any other fees payable in respect of the transmission of the article, be accepted for transmission as certified mail.


“(2.) Except where the postage on a postal article is paid in cash in accordance with regulation 59 of these Regulations, the fee specified in the last preceding sub-regulation shall be pre-paid in postage stamps affixed to the postal article or by means of franking machine impressions.

Postal articles which are not acceptable for transmission as certified mail.

176b.—(1.) A postal article shall not be accepted for transmission as certified mail unless—

(a) it is acceptable for transmission as a letter;

(b) it is enclosed in a cover that is so fastened that the article, or part of the article, cannot be removed from the cover without causing visible damage to the outside of the cover; and

(c) a form provided by the Department for the purpose is completed and attached to the postal article in accordance with the directions contained on the form.

“(2.) A postal article is not eligible for transmission as certified mail if it contains money, jewellery or other valuable articles.

Effect of transmission of postal articles as certified mail.

“176c. Where a postal article is accepted for transmission as certified mail—

(a) a receipt shall be given to the sender of the postal article; and

(b) a record of the delivery of the postal article shall be kept at the post office from which delivery is effected for a period of twelve months after delivery has been effected.

Compensation not payable for loss of articles.

176d. Compensation is not payable by the Commonwealth in respect of—

(a) the loss or rifling of, or any damage to, a postal article transmitted as certified mail; or

(b) any loss or damage suffered by any person by reason of the act or omission of any other person in relation to such a postal article.

Acknowledgment of receipt.

176e.—(1.) Where the sender of a postal article transmitted as certified mail—

(a) pays a fee of Ninepence in addition to any other postage and fees payable in respect of the transmission of the article;

(b) completes and attaches to the postal article a form provided by the Department for the purpose in accordance with the directions contained on the form,

the postal article shall not be delivered—

(c) except to a person to whom it may be delivered under the next succeeding regulation; and

(d) unless the person signs, on that form, an acknowledgement of the receipt of the postal article.

“(2.) Where an acknowledgement is so signed on the form, the form shall be returned to the sender.


Persons to whom certified mail may be delivered.

176f.—(1.) Subject to the next succeeding sub-regulation, a postal article transmitted as certified mail shall not be delivered to a person other than—

(a) the addressee;

(b) a person who is reasonably believed by the person delivering the article to be a member of the household of the addressee;

(c) a person authorized by the addressee, in writing, to take delivery of postal articles transmitted as certified mail for delivery to the addressee;

(d) a person appointed by the addressee, by power of attorney, to be the attorney of the addressee;

(e) in the case of a postal article transmitted as certified mail for delivery to a public institution, club, hotel, lodging-house or business—the proprietor or manager of the institution, club, hotel, lodging-house or business or a person authorized by the proprietor or manager, in writing, to take delivery of postal articles transmitted as certified mail to the public institution, club, hotel, lodging-house or business; or

(f) in the case of a postal article transmitted as certified mail and addressed to a person care of another person—to that other person,

and shall not be so delivered unless the person signs an acknowledgement of the receipt of the postal article.

“(2) Where a postal article transmitted as certified mail is addressed to a person whose mail is usually dispatched in a private mail-bag or a free mail-bag, the article shall be deemed to have been delivered to the addressee if it is dispatched from the office at which that mail-bag is made up in that private mail-bag or free mail-bag.

“(3.) An authorization shall be deemed not to be an authorization for the purpose of paragraph (c) or paragraph (e) of sub-regulation (1.) of this regulation unless the authorization—

(a) is signed by the person giving the authorization;

(b) states the date on which it was so signed, the address of the addressee of the postal articles in relation to which it is given and the name of the person authorized to take delivery of the postal articles;

(c) is signed by that last-mentioned person; and

(d) is delivered to the postmaster at the post office from which postal articles are delivered to the person by whom, or on whose behalf, the authorization is given.

Inquiry as to delivery of certified mail.

176g.—(1.) Where the sender of a postal article transmitted as certified mail—

(a) makes, within twelve months after the date of posting of the postal article, application in writing for information as to the delivery of the postal article;

(b) furnishes with the application the receipt issued in respect of the postal article; and


(c) lodges with the application a fee of Ninepence,

information as to the delivery of the postal article shall be furnished to the sender.

“(2.) Where the sender of a postal article transmitted as certified mail has made application under the last preceding sub-regulation and the postal article has, through the fault of the Department, not been delivered, the fee lodged under the last preceding sub-regulation shall be refunded to the sender.”.

Commission.

11. Regulation 180 of the Postal Regulations is amended—

(a) by omitting the word “Ninepence” and inserting in its stead the words “One shilling and threepence”; and

(b) by omitting from the table the figures “1 6”, “1 9”, “2 0”, “2 3” and “0 4” and inserting in their stead the figures “2 0”, “2 3”, “2 6”, “2 9” and “0 6”, respectively.

Certificate of posting.

12. Regulation 195 of the Postal Regulations is repealed.

Acknowledgment of delivery.

13. Regulation 196 of the Postal Regulations is amended by omitting the word “Sixpence” and inserting in its stead the word “Ninepence”.

Bullion, jewellery and other valuables.

14. Regulation 197 of the Postal Regulations is amended by omitting the words “One shilling and sixpence” (wherever occurring) and inserting in their stead the words “Two shillings and sixpence”.

Compensation payable where fee paid before commencement of these Regulations.

15. Where the fee prescribed by regulation 163 or regulation 164 of the Postal Regulations was paid before the date of commencement of these Regulations, the amount of compensation payable in respect of the loss, damage or rifling of any postal article or parcel, as the case may be, shall be the amount of compensation prescribed by the Postal Regulations as in force at the time at which the fee was paid.

 

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1956, No. 67, Regulations under the Post and Telegraph Act 1901-1950, were enacted to update and refine the regulatory framework governing postal services in Australia. These regulations address the need for modernising the existing postal regulations, ensuring they align with contemporary postal practices and requirements. Enacted by the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, the primary policy objective of these regulations is to facilitate efficient postal services, including the introduction of new categories such as certified mail, and to adjust fees to reflect changes in economic conditions. The regulations also aim to provide clearer guidelines on the prepayment of postage, the handling of certified mail, and the associated fees, ensuring that postal services remain accessible and reliable for the public.

Scope and Application

The Regulations under the Post and Telegraph Act 1901-1950 apply to the operations of the postal service within the Commonwealth of Australia. They govern various aspects of postal services including the prepayment of postage, the fees for different postal services, and the conditions under which postal articles can be transmitted as certified mail. The amendments introduced by these Regulations take effect from 1 October 1956 and apply to new tenancies of private mail boxes commencing on or after that date, as well as to the renewal of existing tenancies that expire on or after 1 October 1956. The Regulations update the fees for various postal services and introduce new provisions for the transmission of postal articles as certified mail, including the conditions for acceptance, delivery, and acknowledgment of receipt. The Regulations do not specify any exclusions or exemptions but allow for further detailing through subordinate instruments. The application of these Regulations is confined to postal services within Australia, with no provisions explicitly addressing international mail.

Key Provisions

The main sections of these Regulations, as they pertain to the Postal Regulations, include the introduction of a new Part XIIIa, titled "Certified Mail", which allows for the transmission of postal articles as certified mail upon payment of a fee of sixpence in addition to postage and any other fees payable (Regulation 176a). This new provision also outlines the conditions under which a postal article may be transmitted as certified mail, such as it being acceptable as a letter, enclosed in a cover that cannot be opened without visible damage, and having a completed form attached (Regulation 176b). Furthermore, the Regulations amend the prepayment of postage requirements to include large quantities of postal articles accepted for transmission as certified mail (Regulation 59). They also adjust various fees associated with postal services, including those for registered post, acknowledgment of receipt, and compensation for lost or damaged articles (Regulations 162, 163, 164, 171, 174, 180, 195, 196, 197). The Regulations impose several obligations on the parties involved, particularly on the senders of postal articles. For instance, senders must ensure that articles intended for certified mail meet the specified conditions, including the use of a cover that prevents removal without damage and the completion of a form provided by the Department (Regulation 176b). If senders wish to receive acknowledgment of receipt, they must pay an additional fee of ninepence and ensure that the addressee signs the form provided (Regulation 176e). Additionally, when making inquiries about the delivery of certified mail, senders must submit an application with the receipt and a fee of ninepence (Regulation 176g). Failure to comply with these requirements may result in the postal article not being accepted for certified mail transmission or the sender not receiving the desired service. The Regulations do not explicitly detail offences, penalties, or specific civil or criminal consequences for breaches. However, it can be inferred that non-compliance with the conditions for certified mail transmission or failure to pay the requisite fees may result in the postal article not being accepted for service or the sender not receiving the services they have paid for. For example, if an article does not meet the conditions for certified mail, it will not be accepted for transmission under this service (Regulation 176b). Similarly, if the acknowledgment of receipt fee is not paid, the sender will not receive the acknowledgment of delivery (Regulation 176e). There is no mention of financial penalties or other sanctions for such breaches in the text provided.

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