Postal, Telegraphic and Telephone Regulations (Amendment)

Legislation au C2004L09656 Regulations Not in force Legislative Instrument

Legislation content

Ex. Min. 399.      Commonwealth of Australia.

      Postmaster-General’s Department,

     21st August, 1902.

 

H

IS Excellency the Acting Governor-General in and over the Commonwealth of Australia, by and with the advice of the Executive Council thereof, in exercise of the powers conferred by the Post and Telegraph Act 1901, has been pleased to make the following New Regulations and Amendments to Regulations, to take effect on and from the 15th day of September, 1902.

JAMES G. DRAKE,

Postmaster-General.

NEW REGULATIONS.

Public Telegraph (or Telephone) Lines Erected and Maintained by the Persons Desiring such Lines, instead of by the Department under Guarantee.

1. In cases where the estimated probable telegraph (or telephone) revenue is not sufficient to justify the erection and maintenance by the Department of a telegraph (or telephone) line for public use without guarantee, and where it is considered by the persons applying for the erection and maintenance of such lines that it will be to their advantage to construct and maintain such lines at their own expense, the Postmaster-General may authorize the construction and maintenance of the line by such persons subject to the following conditions:—

1. The erection of the line shall be subject to the Regulations with regard to private telephone lines in country districts so far as they apply, with the following exceptions:—

(a) Notwithstanding anything contained in the Post and Telegraph Act 1901, or in any Regulations, the persons constructing the fine shall not have or exercise any power to enter upon or interfere with any private land without the consent in writing of the owner thereof, the onus of obtaining which consent to lie upon the persons constructing the line.

(b) Where the line is erected upon private land, the method of construction shall be at the option of the persons constructing the line, subject to the approval in writing of the owners of the land, the onus of obtaining which approval shall lie upon the persons constructing the line.

(c) Where the line is erected upon public land of the Commonwealth or of a State, or on or across a road, railway, track, or other place used for traffic or accessible to the public, the method of construction and the poles and other material to be used shall be subject to the approval of the Deputy Postmaster-General, but the approval shall not be unreasonably withheld.

(d) No licence fees shall be charged.

2. The persons constructing and maintaining the line shall nominate and submit to the Postmaster-General the names of one or two persons as the trustees for the line to represent them, and to receive on their account the amounts payable by the Postmaster-General, as hereinafter provided, for the use of the line for public purposes.

3. Upon the completion of the line the Postmaster-General may make arrangements for its use for public business, and provide for such attendance as may be necessary for operating the line at the cost of his Department.

4. The charges for the use of the line by all persons, including those by whom it has been erected, and by whom it is to be maintained, shall be those prescribed by the Act or Regulations, for the time being, for telegrams or telephonic conversations.

5. In consideration of the erection and maintenance by the persons concerned of the line for public business, the Postmaster-General shall pay to the trustees for the line such a proportion of the earnings of the line as may from time to time be agreed upon, but not more than two-thirds of the rates determined for suburban telegraph messages, or not more than two-thirds of the rate determined for telephonic conversations with the office with which the line is directly connected.

6. The Postmaster-General may at any time take possession of the line provided he make payment to the owners thereof at a valuation to be mutually agreed upon, or, failing such mutual agreement, by arbitration in the manner provided by section 155 of the Post and Telegraph Act 1901.

 

Rates op Payment to Masters of Vessels.

2. The rates of payment to masters of vessels for the carriage of mails in bases not provided for by contract shall be as follow:—

 

In harbors and on rivers—

Letters and post-cards .............. 8d. per lb.

Other articles................ 1s. 4d. per cwt.

Otherwise to places within the Commonwealth—

Letters and post-cards..........1s. 4d. per lb.

Other articles................2s. 8d. per cwt.

To places beyond the Commonwealth—

Letters and post-cards..........2s. per lb.

Other articles................4s. per cwt.

 

Amended Regulations.

Commonwealth Press Telegrams.

3. Commonwealth Press Telegrams shall mean those relating to Parliamentary and Executive proceedings of the Commonwealth, or Parliamentary Papers and Bills; or summaries thereof, without notes or comments.

Licences to Sell Postage Stamps.

4. Licensed vendors must pay cash for stamps purchased, and may be allowed a commission not exceeding 2½ per cent. in stamps, on purchases of not less than £3 in value at any onetime, but they must not use postage stamps for the payment of accounts, nor for remittances.

The amount of commission allowed to any licensed vendor on the stamps purchased under any licence held by him shall not exceed in the case of each licence the sum of Thirty shillings (30s.) in any week.

Private Boxes.

5. The Postmaster-General may refuse to let a private box to any person or persons, and may cancel the tenancy of a private box at any time, if he considers such box is intended to be or is being used for objectionable purposes.

Printed Papers.

Addition to Regulation 1.—Paper patterns usually sent in or with a magazine or journal of fashion printed in the Commonwealth of Australia from type set up therein or from stereotyped plates made therefrom, may be considered as part of such magazine or journal.

Overview

The legislative instrument C2004L09656, enacted on 21st August 1902 by the Postmaster-General's Department, amends the Post and Telegraph Act 1901 to address the economic viability of erecting and maintaining telegraph and telephone lines in areas where the expected revenue does not justify Departmental investment. This instrument, issued under the authority of the Acting Governor-General and the advice of the Executive Council, introduces regulations for private parties to construct and maintain such lines, subject to specific conditions, to enhance the reach of public communication services. The policy objective is to facilitate the expansion of telegraph and telephone infrastructure where it is financially unviable for the Department to undertake, thereby improving public communication services across Australia.

Scope and Application

The New Regulations and Amendments to Regulations made under the Post and Telegraph Act 1901 apply to individuals and entities seeking to construct and maintain telegraph or telephone lines for public use at their own expense, rather than through the Department. The regulations govern the conditions under which such lines may be constructed, maintained, and used, ensuring that the lines meet certain standards and are available for public use. The regulations also address the remuneration of masters of vessels for the carriage of mails, the definition of Commonwealth Press Telegrams, the terms for licensed vendors of postage stamps, and the conditions for the use of private boxes and the classification of printed papers. The regulations have a national jurisdictional reach within the Commonwealth of Australia. There are no stated exclusions, exemptions, or thresholds in these regulations; however, the Postmaster-General retains the discretion to take possession of the lines and to refuse or cancel the tenancy of private boxes if they are deemed to be used for objectionable purposes. The application of these regulations may be further extended or restricted through subordinate instruments issued under the authority of the Post and Telegraph Act 1901.

Key Provisions

The legislation establishes regulations for the construction and maintenance of telegraph and telephone lines by private entities, subject to certain conditions and requirements. Specifically, Section 1 outlines the circumstances under which the Postmaster-General may authorise private construction and maintenance of these lines, ensuring that the construction adheres to specific regulations and requires written consent from land owners where necessary. Additionally, the legislation mandates the nomination of trustees to manage the line and stipulates that the Postmaster-General will compensate the trustees for the public use of the line. The rates for using these lines are prescribed by the Act or Regulations. The legislation also provides for the Postmaster-General to take possession of the line at any time, subject to payment of a mutually agreed or arbitrated valuation. Entities or individuals involved in constructing and maintaining these lines must adhere to the stipulated conditions, including obtaining necessary consents and approvals, nominating trustees, and adhering to the prescribed rates for line usage. They must also ensure that the lines are maintained to a standard that allows for public use, and that the trustees are compensated appropriately. Breach of the regulations may result in various consequences. For example, unauthorised entry onto private land without consent may lead to legal action or penalties. The Postmaster-General retains the right to take possession of the line if necessary, which may result in disputes over valuation that could be resolved through arbitration. Additionally, misuse of private boxes for objectionable purposes may result in the Postmaster-General refusing to let or cancelling the tenancy of such boxes.

Legal classification tags

Area of Law
Postal Law
Telecommunications Law
Instrument
Legislative Instrument
Concepts
Regulatory Standards
Reporting & Disclosure Obligations
Licensing & Registration

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.