STATUTORY RULES.
1943. No. 57.
REGULATION 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 Regulation under the Post and Telegraph Act 1901-1934.
Dated this tenth day of March, 1943
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
Postmaster-General.
Amendment of the Postal Regulations.†
Regulation 192 of the Postal Regulations is amended by adding at the end thereof the following sub-regulations:—
Posting of Parcels.
“(5.) The following conditions apply in relation to a parcel tendered by or on behalf of a person in the course of a business carried on by that person, for posting, at the General Post Office in any State or at a post office situated within a radius of 50 miles of any such General Post Office, and addressed to a place in another State:—
(a) If the parcel contains any article the consignment of which, from the place where the post office at which the parcel is tendered is situated to the place of destination by road, rail, air or sea would, except in pursuance of a permit issued under the Regulation of Transport Order (made in pursuance of regulation 59 of the National Security (General) Regulations), be a contravention of that Order, the sender shall present for inspection by the postal official to whom the parcel is tendered for posting, a permit issued under that Order authorizing the person by or on whose behalf the parcel is tendered to consign that article for transport to the place of destination;
(b) If the parcel does not contain any article mentioned in paragraph (a) of this sub-regulation, the sender shall endorse the cover of the parcel “Transportation permit not required”, and shall sign and date the endorsement.
* Notified in the Commonwealth Gazette on , 1943.
† Statutory Rules 1935, No. 3 as amended by Statutory Rules 1935, Nos. 53, 70, 80 and 95; 1936, 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 232; and 1942, Nos. 5, 313, 439 and 554.
“(6.) The provisions of the last preceding sub-regulation shall not apply in relation to a parcel addressed to—
(a) a member of any of the Armed Forces, or nursing services or women’s services auxiliary to the Armed Forces, of His Majesty or of any Power which is allied or associated with His Majesty in any war in which His Majesty is engaged; or
(b) a prisoner of war within the meaning of the National Security (Prisoners of War) Regulations.
“(7.) A person shall not, in purported compliance with paragraph (b) of sub-regulation (5.) of this regulation, make or sign any endorsement which is false or misleading in any particular.
Penalty, for any contravention of this sub-regulation: Fifty pounds.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1943 No. 57, enacted under the Post and Telegraph Act 1901-1934, addresses the problem of regulating the transportation of certain articles via parcel services, especially during times of national emergency. This legislative instrument was introduced to ensure that the movement of goods by post adheres to the national security regulations, particularly during wartime, when the transportation of certain items may be restricted. The Governor-General, acting with the advice of the Federal Executive Council, made these regulations to provide a structured framework for the inspection and endorsement of parcels that may contain restricted items, while also ensuring that parcels addressed to members of the armed forces and prisoners of war are exempt from these additional requirements. The policy objective is to maintain the security and integrity of the postal system during critical periods by preventing the illegal transport of controlled items.
Scope and Application
This statutory rule made under the Post and Telegraph Act 1901-1934 applies to any person or entity engaged in the business of posting parcels that are transported across state lines within Australia. The regulation modifies the existing Postal Regulations to impose specific conditions on parcels tendered for posting at designated post offices, particularly those located within a 50-mile radius of a General Post Office in another state. The regulation mandates that if a parcel contains an article whose transport would contravene the Regulation of Transport Order unless a permit is held, the sender must present a valid permit for inspection by the postal official. Conversely, if no such article is contained within the parcel, the sender must endorse the parcel cover with "Transportation permit not required" and sign and date the endorsement. Notably, the regulation excludes parcels addressed to members of the Armed Forces or their auxiliary services, as well as prisoners of war, from these requirements. The regulation also prohibits the making of false or misleading endorsements, with a penalty of fifty pounds for contravention.
Key Provisions
This statutory rule, made under the Post and Telegraph Act 1901-1934, amends the Postal Regulations by introducing new sub-regulations regarding the posting of parcels. Section (5) of the amended regulation specifies conditions for parcels sent from a business, addressed to a destination in another state, and tendered at certain post offices. If the parcel includes an article whose transport would require a permit under the Regulation of Transport Order, the sender must present this permit for inspection by the postal official. Conversely, if no such article is present, the sender must endorse the parcel cover with "Transportation permit not required" and sign and date this endorsement. Exemptions from these conditions are provided in Section (6), which excludes parcels addressed to members of the armed forces or allied powers, as well as prisoners of war. Section (7) prohibits the sender from making false or misleading endorsements, with a penalty of fifty pounds for any contravention.
The obligations imposed by this regulation primarily concern businesses sending parcels across state lines. Businesses must ensure they comply with the transport regulations applicable to the items they wish to send, obtaining and presenting the necessary permits where required. For parcels that do not contain restricted items, businesses must correctly endorse the parcel cover and sign and date this endorsement. Failure to comply with these requirements, particularly the prohibition against making false endorsements, could result in significant penalties.
Under this statutory rule, there are specific consequences for breaches of the regulations. Section (7) clearly states that any false or misleading endorsement made on a parcel cover is an offence, with a penalty of fifty pounds. This penalty applies to any individual or entity found to have contravened the requirement to accurately endorse parcel covers, thereby emphasizing the importance of compliance with the regulation. There are no other specified offences or penalties within the text of this statutory rule, limiting the consequences to the financial penalty for the specific offence outlined.