STATUTORY RULES.
1942. No. 313.
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 eighth day of July, 1942.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
Postmaster-General.
Amendments of the Postal Regulations.†
1. Regulation 73 of the Postal Regulations is amended—
Application for licence to use franking machine.
(a) by omitting from sub-regulation (2.) the words “with two sureties, or alternatively with an approved guarantee company as surety, to the satisfaction of the Postmaster-General” and inserting in their stead the words “in accordance with such form as the Postmaster-General determines”; and
(b) by omitting sub-regulation (3.).
2. After regulation 80 of the Postal Regulations the following regulation is inserted:—
Recovery of loss of revenue.
“80a. The amount of any loss to the revenue of the Commonwealth arising from the improper use of a franking machine or meter or the failure of the meter accurately to record the value of the impressions made by the franking machine shall be a debt due to the Commonwealth from the user of the franking machine and shall be recoverable in any court of competent jurisdiction.”.
* Notified in the Commonwealth Gazette on , 1942.
† Statutory Rules 1935, No. 3, as amended by Statutory Rules 1935, Nos. 53, 70, 80 and 95; 1933, 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 238; and 1942, No. 5.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
3917.—Price 3d. 20/28.5.1942.
Overview
The Statutory Rules 1942 No. 313, issued under the Post and Telegraph Act 1901-1934, were enacted to address issues related to the administration and regulation of franking machines used for postage. These regulations were made by the Governor-General in Council, pursuant to the authority granted by the Commonwealth Parliament. The primary objective of these regulations was to streamline the process for obtaining a licence to use a franking machine and to ensure the accurate recording of postage values, thereby safeguarding the Commonwealth's revenue from potential losses due to improper use or malfunction of franking machines.
Scope and Application
The Statutory Rules 1942 No. 313, made under the Post and Telegraph Act 1901-1934, specifically amend the Postal Regulations concerning the use of franking machines. These regulations apply to any person or entity seeking to use a franking machine within the Commonwealth of Australia. The changes affect the process for obtaining a licence to use a franking machine by modifying the application requirements, removing the need for sureties or an approved guarantee company and instead mandating that applications be made in a form determined by the Postmaster-General. Furthermore, the regulations introduce a new provision concerning the recovery of revenue lost due to improper use of franking machines or failure of meters to accurately record impressions. Such losses are to be treated as debts owed to the Commonwealth and recoverable in any court of competent jurisdiction. The application of these regulations is national, encompassing all users of franking machines within Australia, and there are no stated exclusions or exemptions within the text. The scope of the legislation may be further defined or extended through subordinate instruments made under the authority of the Post and Telegraph Act.
Key Provisions
The key provisions of these Regulations under the Post and Telegraph Act 1901-1934 pertain to the amendment of existing postal regulations, particularly around the use of franking machines. Regulation 73 has been amended to change the requirements for applying for a licence to use a franking machine. Under the amendment, the previous requirement for an applicant to provide two sureties, or alternatively an approved guarantee company as surety, has been removed (regulation 73(2)(a)). Instead, applications must now be submitted according to a form determined by the Postmaster-General (regulation 73(2)(b)). Additionally, sub-regulation (3) has been omitted entirely (regulation 73(2)(b)).
A new regulation, 80a, has been inserted after regulation 80. This regulation stipulates that any loss to the Commonwealth's revenue resulting from the improper use of a franking machine or meter, or the failure of the meter to accurately record the value of the impressions made by the franking machine, will be considered a debt owed to the Commonwealth by the user of the franking machine. This debt is recoverable in any court of competent jurisdiction (regulation 80a).
These Regulations impose specific obligations on parties who use franking machines. Firstly, they must now submit their licence applications according to a form determined by the Postmaster-General, rather than providing sureties or guarantees (regulation 73(2)(b)). Secondly, users of franking machines must ensure that the machines and meters are used properly and accurately, to avoid any loss of revenue to the Commonwealth (regulation 80a). Failure to comply with these requirements can result in financial liability for any revenue lost to the Commonwealth.
Breaches of these Regulations may lead to civil consequences, as outlined in regulation 80a. If a user of a franking machine causes a loss to the Commonwealth's revenue, either through improper use of the machine or failure of the meter to accurately record the value of impressions, they will be liable for that loss as a debt owed to the Commonwealth. This debt can be pursued in any court of competent jurisdiction. While the Regulations do not specify penalties for such breaches, the recovery of the debt itself serves as a significant consequence for non-compliance.