Postal Regulations 1935 (Amendment)

STATUTORY RULES.

1938. No. 100.

––––––

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

I, THE GOVERNOR-GENERAL of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Post and Telegraph Act 1901-1934.

Dated this nineteenth

day of October          1938.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

Postmaster-General.

———

Amendment of the Postal Regulations.†

Part XIII. of the Postal Regulations is repealed and the following Part inserted in its stead:—

Part XIII.—Registered Post.

Registration of postal articles.

157.—(1.) Any postal article, other than a parcel addressed to a country beyond the Commonwealth, which complies with the conditions relating to registration shall, upon presentation at a post office and upon payment by the sender of the prescribed fee in addition to the correct postage, be accepted for registration.

(2.) Except when the article is posted under the provisions of regulation 59 of these Regulations, the fee for registration shall be prepaid in postage stamps affixed to the article, or by means of franking machine impressions.

Certain articles not acceptable for registration.

158. A postal article shall not be accepted for registration if—

(a) it is addressed in pencil (except copying-ink pencil which has been moistened to give it the form of ink);

(b) it is addressed to initials or a fictitious name without a supplementary direction for the delivery to the care of some person, firm, or body;

(c) it is enclosed in an envelope with black or coloured borders;

(d) selvedge stamp paper or other plain gummed paper is attached to the cover for the purpose of sealing the article; or

(e) it bears the appearance of having been opened and resealed.

* Notified in the Commonwealth Gazette on      , 1938.

† Statutory Rules 1935, Nos. 3, 53, 70, 80 and 95; 1936, Nos. 50 and 113; 1937, Nos. 13, 35, 37 and 48; 1938, Nos. 2, 55 and 94.

3870.—8/10.10.1938.—Price 5d.

Receipt to be issued.

159. An official receipt shall be issued to the sender in respect of each article registered.

Distinctive marking.

160. The distinctive marking of a registered article shall be a red line drawn lengthwise and across the front and back of the article, and no postal article which is so marked shall be transmitted otherwise than by registered post.

Postmaster may require addressee to open certain articles.

161. A postmaster may require the addressee of a registered postal article which bears postage at the rates prescribed for Second or Third Class Mail Matter to open such article in his presence in order that he may ascertain whether the contents include any article liable to a higher rate of postage.

Preparation of articles for registered post.

162.—(1.) To be eligible for transmission by registered post within the Commonwealth or to the Territory of Norfolk Island, Papua, New Guinea, or of Nauru, an article other than a postcard or lettercard shall be enclosed in a cover which is in a sound condition.

(2.) An article sent by letter post shall be securely fastened with a strong adhesive in such a way that no portion of its contents can be removed without external and visible damage to the envelope.

(3.) Where only the minimum registration fee is paid on an article of the Second, Third, or Fourth Class (parcels) the article may be posted either in sealed or unsealed cover but, where the article is posted unsealed, compensation shall be payable only in the event of the loss of the entire postal article.

(4.) An article of the Second, Third, or Fourth Class (parcels) on which a registration fee in excess of Threepence is paid shall be posted in an envelope or cover securely fastened with a strong adhesive in such a way that it cannot be opened without leaving obvious traces of violation.

(5.) The following conditions shall be complied with in respect of the transmission of jewellery and other valuables by registered post:—

(a) The jewellery or other valuable articles shall be enclosed in a strong box or case;

(b) The box or case shall be covered in an efficient manner with a wrapper of linen, canvas, strong paper or other substantial material, and be securely fastened with a strong adhesive;

(c) Coin shall be so packed that it cannot move about;

(d) The address shall be written on the cover of the package;

(e) In any case where the jewellery or other valuable articles are sent by merchandise post, a registration fee of at least Fourpence shall be paid on the package.

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

163. The registration fees payable (in addition to postage) on articles other than cash-on-delivery parcels posted in the Commonwealth for delivery therein or for transmission to the Territory of Norfolk Island, Papua, New Guinea, or Nauru, shall be as set out in the first

column of the following table, and the maximum amounts of compensation payable shall be the amounts respectively set forth in the second column of the table opposite the registration fees:

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

164.—(1.) The prescribed commission (which includes a registration fee of Threepence) on a cash-on-delivery parcel shall provide for compensation not exceeding Two pounds.

(2.) The registration fees payable (in addition to postage and prescribed commission) on cash-on-delivery parcels posted in the Commonwealth for delivery therein or for transmission to the Territory of Norfolk Island, Papua, New Guinea, or of Nauru, to provide for compensation in excess of Two pounds, shall be as set out in the first column of the following table, and the maximum amounts of compensation payable shall be the amounts respectively set forth in the second column of the table opposite the registration fees:—

Compensation payable for loss, damage or rifling of sealed articles, and for loss of unsealed articles.

165.—(1.) Where the Postmaster-General is satisfied that a registered postal article (which term for the purposes of this regulation includes a cash-on-delivery parcel) posted in the Commonwealth for delivery therein or for transmission to the Territory of Norfolk Island, Papua, New Guinea, or of Nauru, was lost or the contents thereof, whether in whole or in part, were lost, damaged, or rifled while the article was in course of transmission through the post, compensation shall, subject to this regulation, be payable in accordance with these Regulations in respect of the loss, damage, or rifling.

(2.) Compensation shall not be payable—

(a) where in the opinion of the Postmaster-General the loss or damage arose wholly or in part from any defect in the packing or fastening or from the unsuitability of the container having regard to the nature of its contents (and in this regard the acceptance of an article for registration

shall not be construed as an admission by the Postmaster-General that the article was properly packed at the time of registration); or from any fault on the part of the sender; or from an act of God, or the King’s enemies; or from causes beyond control such as from tempest, shipwreck, earthquake, war, civil strife or the like;

(b) unless application for compensation is made within three months after the date of posting of the article concerned;

(c) in respect of an article which has been officially registered i.e., an article which was not originally tendered for registration by the sender;

(d) in respect of an article containing anything not legally transmissible by post;

(e) in respect of loss or damage to anything enclosed in a letter card;

(f) for injury or damage alleged to have been sustained in consequence of loss, damage, delay, non-delivery or mis-delivery; or

(g) except as an act of grace, in respect of any article which has been delivered without external trace of injury, or which has been accepted by the addressee without complaint as to its condition.

(3.) Notwithstanding anything contained in this regulation compensation in respect of an article which is posted in an unsealed condition shall be payable only in the event of the loss of the entire postal article, and, in the case of postal articles containing eggs, fish, meat, fruit, vegetables, glass, crockery, greases, liquids, semi-liquids, or anything of an exceptionally fragile nature, compensation shall not be payable in respect of—

(a) damage of any kind to the contents; or

(b) loss of contents through insecurity of, damage to or breakage of the container.

Limit of Compensation.

166.—(1.) The compensation payable shall not in any case exceed the value of the article lost or the amount of the damage sustained, and if the amount of such value or damage exceeds the maximum amount payable under regulation 163 or 164 of these Regulations, then the compensation shall not exceed the maximum amount so payable.

(2.) In the case of claims for the loss of the contents, in whole or in part, of a postal article, the Postmaster-General may replace the contents of the article instead of paying compensation.

(3.) Compensation in respect of coin enclosed in a registered article shall in no case exceed Two pounds.

Postmaster-General’s decision final.

167. The final decision on all questions of compensation payable in respect of registered articles shall rest with the Postmaster-General.

Documents to accompany claim.

168.— (1.) A claim for compensation shall be accompanied by—

(a) the official receipt issued to the sender of the article;

(b) a statutory declaration made by the claimant setting forth the grounds upon which the claim is based; and

(c) a statutory declaration made by the addressee, or by some person who is acquainted with the facts, confirming the statements made by the claimant in regard to the loss of or damage to the article:

Provided that when the official receipt cannot be produced, evidence in support of a claim for compensation may be given by statutory declaration made by or on behalf of the claimant, setting forth—

(a) the date when and the place where the article was posted, so far as this information can reasonably be ascertained;

(b) a description of the article and its value so far as known to the claimant;

(c) the grounds on which the claim for compensation is based; and

(d) any other particulars tending to establish the loss of or damage to the article and to verify the claim made.

(2.) In the case of articles containing bank notes, cheques, money orders, postal notes, bills of exchange, bonds, or other order or authority for the payment of money or security for money, particulars sufficient for their identification shall be furnished.

(3.) The Deputy Director may, if he thinks fit, require additional evidence to be furnished as to the nature or value of the contents of an article or as to the loss of or damage to an article.

Articles found after compensation paid.

169. In the event of a registered postal article in respect of which compensation for loss has been paid subsequently coming into the hands of the Postmaster-General, the Postmaster-General may dispose of the article as he thinks fit.

Redirected articles.

170. If a registered article posted in the Commonwealth is redirected to a place beyond the Commonwealth (other than the Territories of Norfolk Island, Papua, New Guinea and Nauru), compensation in respect of loss or damage occurring to the article after it has left the Commonwealth may be paid in accordance with the conditions applicable to articles addressed to other countries, but not otherwise.

Fee for registration of article sent to place beyond Commonwealth.

171. The registration fee payable (in addition to postage) on an article sent to a place beyond the Commonwealth (other than the Territories of Norfolk Island, Papua, New Guinea, and Nauru) shall be Threepence.

Compensation for loss of registered article addressed to place beyond Commonwealth.

172.—(1.) Where the Postmaster-General is satisfied that a registered postal article addressed to a place beyond the Commonwealth was lost while in his custody, the Postmaster-General may pay to the sender compensation not exceeding Two pounds:

(2.) Compensation shall not be payable—

(a) except in the case of the loss of the entire postal article;

(b) where the loss arose from an act of God or the King’s enemies; or causes beyond control such as from tempest, shipwreck, earthquake, civil strife or the like;

(c) unless application for compensation is made within a year after the date of posting of the article; or

(d) in respect of an article containing anything prohibited from transmission by post by the Universal Postal Convention for the time being in force.

Compensation for loss of registered article posted overseas.

173. If a registered article posted in a place beyond the Commonwealth (including the Territories of Norfolk Island, Papua, New Guinea, and Nauru) is lost whilst in his custody, the Postmaster-General may pay compensation under similar conditions to those prescribed in regulation 172 of these Regulations, but payment may be made to the addressee only in a case where the sender of the article waives, in writing, his claim in favour of the addressee.

Acknowledgment of receipt.

174.—(1.) The sender of a registered article may obtain an acknowledgment of its due receipt by the addressee by paying a fee of Threepence in addition to the postage and registration fee.

(2.) The sender shall enter, in the form provided for the purpose, both his own name and address and the name and address of the person to whom the article is sent, and shall affix to the form postage stamps to the value of Threepence in payment of the fee.

Delivery of registered articles.

175.—(1.) Unless a direction in writing to the contrary has been given, a registered postal article may be delivered to any responsible person known to be a member of the addressee’s household.

(2.) Except as provided in the last preceding sub-regulation, a registered article shall not be delivered to any person other than—

(a) the addressee in person;

(b) a person authorized by a written order from the addressee to receive delivery of registered articles on his behalf;

(c) in the case of business establishments, public institutions, clubs, hotels and lodging-houses, the proprietor or manager, or some person authorized in writing by the proprietor or manager to receive delivery of mail matter at any such place;

(d) a person to whose care the registered article is addressed; or

(e) a person authorized by power of attorney to conduct business on the addressee’s behalf:

Provided that a registered article addressed to a person whose mail matter is usually despatched in a private mail bag or a free mail bag shall be deemed to have been delivered to the addressee when it has been despatched in such private mail bag or free mail bag from the office at which the bag is made up.

(3.) An order under paragraph (b) of the last preceding sub-regulation shall be signed by the addressee of the article and shall bear—

(a) the date on which it was made;

(b) the addressee’s address and the name of the person in whose favour it is made;

(c) a specimen signature of the person in whose favour it is made,

and shall be delivered to the Postmaster or some other responsible officer at the office of delivery.

(4.) Notwithstanding anything contained in sub-regulations (1.) and (2.) of this regulation, in all cases where the sender pays the prescribed fee to obtain an acknowledgment of delivery of the article, delivery of a registered article posted in the Commonwealth shall be made only to the addressee. In such cases the sender may endorse the cover of the article with the words “To be delivered to addressee only.”

Article received to accompany report of damage, &c.

176. In the event of the addressee desiring to report that the contents, or portion thereof, of a registered article delivered to him have been abstracted, lost, or damaged in the post, he shall forthwith submit the article as nearly as possible in the condition in which it was received from the office of delivery for examination by the Postmaster or some other responsible officer at the office of delivery.

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