STATUTORY RULES.
1946. No. 149.
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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 twenty-third day of October, 1946.
HENRY
Governor-General.
By His Royal Highness’s Command,
D. CAMERON
Postmaster-General.
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Amendments of the Postal Regulations. †
Preparation of articles for registered post.
1. Regulation 162 of the Postal Regulations is amended by inserting in sub-regulation (3.), after the word “compensation”, the words “for loss of the contents”.
Compensations payable for loss, damage or rifling of postal articles.
2. Regulation 165 of the Postal Regulations is amended—
(a) by inserting in sub-regulation (3.), after the word “respect” (first occurring), the words “of loss or rifling of the contents”; and
(b) by omitting from that sub-section the words “postal articles” and inserting in their stead the words “damage to the contents of any postal article, whether sealed or unsealed”.
* Notified in the Commonwealth Gazette on 24th October, 1946.
† Statutory Rules 1935. No. 3, as amended by Statutory Rules 1935, Nos. 53, 70, 80 and 95; 1936, Nos. 50 and 113; 1937, Nos. 19, 35, 37 and 48; 1938, Nos. 2, 35. 94 and 100; 1939, Nos. 44, 57, and 69; 1940. Nos. 1 and 232; 1942, Nos. 5, 313, 439 and 551; 1943, Nos. 37, 94, 122 and 286; 1944, No. 145; 1945, No. 194; and 1946, No. 131.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
5639.—Price 3d.
Overview
Statutory Rules 1946 No. 149, made under the authority of the Post and Telegraph Act 1901-1934, was enacted to amend the Postal Regulations to address the gaps in compensation provisions for loss or damage of the contents of postal articles. The Post and Telegraph Act 1901-1934, which was enacted by the Commonwealth Parliament, provides the legislative framework for the regulation of postal services in Australia. The policy objective of these amendments is to enhance the protection of postal articles by clarifying the scope of compensation in cases of loss, damage, or rifling, ensuring that compensation is provided specifically for the loss or damage to the contents of any postal article, whether sealed or unsealed. These amendments were made by the Governor-General in Council, acting on the advice of the relevant authorities, and were notified in the Commonwealth Gazette on 24th October 1946.
Scope and Application
The regulations under the Post and Telegraph Act 1901-1934, specifically Statutory Rules 1946, No. 149, focus on amendments to the Postal Regulations, aiming to enhance the protection of postal articles in transit. These amendments apply to individuals and entities engaged in the use of postal services within the Commonwealth of Australia, including businesses and individuals sending or receiving registered postal items. The changes are intended to clarify and strengthen the compensation provisions for the loss, damage, or rifling of contents within postal articles, thereby offering better protection and recourse for affected parties. The amendments extend across all jurisdictions within Australia, ensuring uniform standards and protections under federal postal law. There are no specific exclusions or thresholds mentioned within the scope of these regulations, but they are subject to further refinement or clarification through subordinate instruments or subsequent amendments.
Key Provisions
The statutory rules (Statutory Rules 1946. No. 149) made under the Post and Telegraph Act 1901-1934, introduce amendments to the Postal Regulations concerning compensation for loss of contents and damages to postal articles. Regulation 162 (1) now includes compensation for loss of contents when articles are sent through registered post, and Regulation 165 (2) has been modified to cover compensation for loss or rifling of contents and damage to the contents of any postal article, whether sealed or unsealed.
These amendments impose obligations on postal service providers to ensure they provide compensation under the specified circumstances. Specifically, they must compensate for the loss of contents when registered postal articles are lost, and they must also compensate for any damage to the contents of any postal article, regardless of whether it is sealed or unsealed. The regulations require postal service providers to have systems and procedures in place to assess and provide appropriate compensation in these instances.
Failure to comply with these provisions can lead to legal consequences. Although the specific penalties are not detailed in the statutory rules, breaches of postal regulations generally can result in civil or criminal penalties, depending on the severity and intent of the breach. Civil penalties could include fines or compensation payments to affected parties, while criminal penalties might include imprisonment or substantial fines, reflecting the seriousness of the breach. The exact penalties would depend on the specific regulations and the jurisdiction in which the breach occurs.