STATUTORY RULES.
1938. No. 94.
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REGULATIONS UNDER THE POST AND TELEGRAPH ACT 1901-1934.*
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 1901-1934.
Dated this fourteenth day of September, 1938.
HUNTINGFIELD
Administrator.
By His Excellency’s Command,
A. J. McLACHLAN
Postmaster-General.
Amendment of the Postal Regulations. †
Franking machine impressions refunds.
1. Regulation 76 of the Postal Regulations is amended by omitting sub-regulation (3.) and inserting in its stead the following sub-regulations:—
“(3.) A refund shall not be made in any case where the marking on the envelope, cover, wrapper, label or impression slip does not indicate definitely that it is an impression produced by the operation of the franking machine.
(4.) In cases where the denomination of the franking impression is illegible, refund shall be made only in respect of the amount of the lowest denomination of impression which the applicant’s machine is capable of making.”.
Breach of franking machine user’s licence.
2. Regulation 79 of the Postal Regulations is amended by adding, after the word “under”, the words and figures “regulation 74 of”.
* Notified in the Commonwealth Gazette on 22nd September, 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 and 55.
By Authority: L.F. Johnston, Commonwealth Government Printer, Canberra.
3524.—Price 3d.
Overview
The Statutory Rules 1938, No. 94, titled "Regulations under the Post and Telegraph Act 1901-1934," was enacted by the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council. These regulations were introduced to address issues related to franking machine impressions and user licensing under the Post and Telegraph Act 1901-1934. The aim was to clarify and streamline the process for refunds and to strengthen the enforcement of franking machine user licensing by linking it more directly with regulatory compliance. These amendments sought to ensure that franking machine impressions are correctly identified and that users are held accountable for breaches of their licensing agreements.
The changes introduced by these regulations involved amending the Postal Regulations to tighten the criteria for issuing refunds for franking machine impressions and to reinforce the connection between breaches of licensing terms and specific regulatory provisions. This legislative instrument was designed to provide clearer guidelines and to maintain the integrity of the postal franking system by ensuring that only legitimate impressions are refunded and that users are subject to the full scope of the regulatory framework.
Scope and Application
The Regulations under the Post and Telegraph Act 1901-1934, as amended by Statutory Rules 1938, No. 94, pertain to the operation of franking machines and the issuance of refunds for their usage within the Commonwealth of Australia. These regulations specifically apply to individuals and entities that use franking machines to prepay postage on mail, ensuring compliance with the terms of their franking machine user’s licence. The geographic reach of these regulations is national, as they govern activities across all states and territories of Australia. Notably, the regulations refine the conditions under which refunds for franking machine impressions can be claimed, stipulating that refunds are not permissible unless the impression is clearly marked as being produced by a franking machine, and that refunds for illegible denominations are limited to the lowest denomination the machine is capable of producing. Additionally, the regulations establish that breaches of the franking machine user’s licence are subject to the specific provisions outlined in Regulation 74. These provisions are designed to maintain the integrity of the postal system and ensure that franking machine usage adheres to established standards.
Key Provisions
The Statutory Rules of 1938, No. 94, under the Post and Telegraph Act 1901-1934, primarily amend the Postal Regulations concerning franking machine impressions and refunds. Regulation 76 is altered to include new sub-regulations (3) and (4). Sub-regulation (3) specifies that a refund will not be issued if the marking on the envelope or cover does not clearly indicate it is from a franking machine. Sub-regulation (4) provides that if the denomination of the franking impression is illegible, a refund will only be issued for the lowest denomination that the applicant's franking machine can produce.
These amendments impose specific obligations on users of franking machines. Firstly, users must ensure that the franking impression is clear and identifiable as coming from a franking machine to be eligible for any refund. Secondly, if the denomination of the impression is not legible, the refund process becomes more stringent, as it is limited to the lowest denomination the machine can issue. These requirements are intended to maintain the integrity of the franking system and ensure that only legitimate claims for refunds are processed.
Breach of the provisions outlined in these regulations could lead to penalties. Regulation 79 is updated to include a reference to Regulation 74, indicating that any breach of the franking machine user’s licence, as amended by these regulations, will be subject to the penalties stipulated in Regulation 74. While the exact penalties are not detailed within the text of the statutory rules, they are referenced to the broader regulatory framework, which would include possible administrative, civil, or criminal consequences depending on the severity of the breach. These consequences could range from fines to more severe penalties if the breach is found to be intentional or part of a larger pattern of non-compliance.