STATUTORY RULES.
1943. No. 94.
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 eighth day of April, 1943.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
(SGD.) W. P. ASHLEY
Postmaster-General.
Amendment of the Postal Regulations. †
Regulation 54 of the Postal Regulations is repealed and the following regulation inserted in its stead:—
Prohibited articles.
“54. Any article specified in the Act as being prohibited from transmission through the post, any article (other than an air-graph letter) in a ‘cut-out’ envelope, any article in an entirely transparent envelope or in an envelope having a transparent panel which does not comply with the conditions laid down, or any postal article the importation, transmission or delivery of which is prohibited under any law of the Commonwealth or of the country to which the article is addressed, shall not be transmitted to the addressee by post in any form.”.
* 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 238; and 1942, Nos. 5, 313, 439 and
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
8530.—Price 3d. 20/1.12.1942.
Overview
The Statutory Rules 1943 No. 94, made under the Post and Telegraph Act 1901-1934, were introduced to address the need for updated regulations concerning the prohibition of certain articles from being transmitted through the postal system. Enacted by the Governor-General in Council, these regulations were developed in response to evolving security concerns and the need to align postal regulations with broader legal frameworks. The overarching policy objective was to ensure that the postal system is not used for the transmission of articles that could pose a threat or contravene existing laws, thereby maintaining the integrity and security of the postal service. The regulations specifically target prohibited articles and clarify the conditions under which certain types of envelopes can be used for postal transmission.
Scope and Application
The Regulation under the Post and Telegraph Act 1901-1934 applies to any person or entity involved in the transmission of postal articles within the Commonwealth of Australia and beyond. Specifically, it targets articles that are either prohibited by the Act, those sent in envelopes that do not comply with stipulated transparency requirements, or those whose transmission is barred by any Commonwealth or foreign law. The scope of the regulation is broad, encompassing all individuals and entities engaging in postal activities. The regulation’s reach extends to any mail intended for delivery within Australia or to international destinations, thereby ensuring adherence to both national and international postal laws. The regulation does not specify any exclusions or exemptions, and the prohibitions are stringent, mandating compliance with the outlined conditions for envelope transparency and lawful transmission of articles. Any failure to comply with these regulations could result in the non-delivery of the postal article in question.
Key Provisions
The main operative sections of this legislative instrument pertain to the prohibition of certain articles from being transmitted through the post. Regulation 54 (54) outlines these prohibited items, which include articles specified as prohibited in the Post and Telegraph Act 1901-1934, any article in a 'cut-out' envelope (excluding air-graph letters), any article in an entirely transparent envelope or in an envelope with a transparent panel that does not meet specific conditions, and any postal article whose importation, transmission, or delivery is prohibited by any law of the Commonwealth or the country to which the article is addressed. The intent of this regulation is to ensure that potentially hazardous or otherwise restricted items do not enter the postal system, thereby maintaining the safety and compliance of the postal service.
The obligations and requirements imposed by this regulation are primarily on postal service providers and the public. Postal service providers must adhere to the stipulated conditions and ensure that they do not transmit any of the prohibited articles listed in Regulation 54. This includes enforcing the rules on the types of envelopes used and verifying that the contents of the mail comply with the applicable laws. The public, on the other hand, must be aware of the restrictions and ensure that they do not attempt to send prohibited articles through the post. This involves checking the contents of their mail and ensuring that they use appropriate packaging that meets the regulatory standards.
Any breach of these regulations may result in civil or criminal consequences. Although the specific penalties are not outlined in the provided text, breaches of postal regulations generally may lead to fines, imprisonment, or both, depending on the severity of the violation. The maximum penalties can vary based on the specific circumstances and the discretion of the court. For instance, the importation or transmission of certain prohibited items can result in significant penalties due to their potential danger or violation of other laws. It is important for both postal service providers and the public to understand these potential consequences to avoid any legal repercussions.