STATUTORY RULES.
1913. No. 284.
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REGULATIONS UNDER THE POST AND TELEGRAPH ACT 1901–1912.
(Issued Provisionally as Statutory Rules 1913, No. 225.)
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the undermentioned amended Regulations under the Post and Telegraph Act 1901-1912, namely:—
Postal Regulations,
Registration—Compensation for the Loss of Registered Articles, to come into operation on the 8th day of November, 1913.
Dated this fifteenth day of October, One thousand nine hundred and thirteen.
DENMAN,
Governor-General.
By His Excellency’s Command,
AGAR WYNNE.
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Postal Regulations.
Registration—Compensation for the Loss of Registered Articles.
The Regulations under this head (Gazette No. 26, of 5th June 1902, page 243) are amended—
(1) by repealing Regulation 1 and inserting the following sub-heading and Regulation in its stead:—
“Registered Articles posted in the Commonwealth for Delivery Therein.
1. “Except in cases beyond control (e.g., tempest, shipwreck, earthquake, war, &c.), compensation may be granted for the loss of registered letters, pockets, books, and newspapers (but not parcels), under the following Regulations:—
“In the event of the loss of any such article, registered by the sender, posted in the Commonwealth far delivery therein, compensation up to but not exceeding £2 may be allowed.”
and (2) by inserting at the end of the said Regulations the following sub-heading and Regulation:—
“Registered Articles received from a Country within the Postal Union.
1. If it is proved to the satisfaction of the Postmaster-General that a letter or packet received from beyond the Commonwealth, duly admitted to registration by the Administration of a country within the Postal Union which
C.14576.—Price 3d.
has uniform Regulations, has been entirely lost while in his custody, the Postmaster-General undertakes to pay an indemnity of 50 francs (£2), except in cases beyond control (e.g., tempest, shipwreck, earthquake, war, &c.) No compensation, however, is payable except in the case of the loss of the entire letter or packet: and no claim will be admitted if made more than a year after the letter or packet was duly posted.”
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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
Statutory Rules 1913, No. 284, made under the Post and Telegraph Act 1901-1912, introduced amended Regulations concerning the compensation for the loss of registered articles. Enacted by the Governor-General in Council, these Regulations aimed to address the need for a structured compensation process for registered mail that was lost within Australia or during transit from countries within the Postal Union, excluding cases beyond control such as natural disasters or wartime events. The policy objective of these Regulations was to provide a clear and fair mechanism for compensating senders for the loss of registered mail, thereby ensuring some measure of accountability and protection for postal users.
Scope and Application
The Postal Regulations, Registration—Compensation for the Loss of Registered Articles, as amended under the Post and Telegraph Act 1901-1912, establish a framework for compensation in the event of loss of registered mail items within the Commonwealth of Australia and from countries within the Postal Union. These regulations apply to individuals and entities that post registered articles, including letters, pockets, books, and newspapers, within the Commonwealth and those that receive such items from other countries within the Postal Union. The compensation is limited to £2 per lost item, with exceptions for losses due to uncontrollable events such as tempests, shipwrecks, earthquakes, or war. For articles received from abroad, compensation is provided if the loss occurs while in the custody of the Postmaster-General, subject to the same exceptions and a one-year claim period after the posting date. The regulations extend to the entire Commonwealth, encompassing all states and territories, and are applicable to both domestic and international registered mail transactions.
Key Provisions
The main operative sections of the amended Regulations under the Post and Telegraph Act 1901-1912 pertain to the compensation for the loss of registered articles. Section 1 details the conditions under which compensation may be granted for registered letters, pockets, books, and newspapers, but not parcels, that are lost within the Commonwealth. Specifically, compensation up to £2 may be granted for these items if lost, except in circumstances beyond control such as tempest, shipwreck, earthquake, or war. Section 2 addresses registered articles received from countries within the Postal Union. It stipulates that if a letter or packet from such countries is lost while in the custody of the Postmaster-General, an indemnity of 50 francs (£2) will be paid, again excluding losses due to uncontrollable circumstances and only if the entire letter or packet is lost. Claims for such compensation must be made within one year of the posting of the item.
These Regulations impose certain obligations on the parties involved. Senders of registered articles must ensure that their items are properly registered and posted, while the Postmaster-General is responsible for maintaining the custody and safe delivery of these articles. The Postmaster-General must also verify the loss of registered articles to determine the eligibility for compensation and indemnity. Furthermore, senders and recipients must adhere to the stipulated timeframe for making claims, which is within one year of the posting date.
Failure to comply with these provisions can result in civil or criminal consequences. While the Regulations do not explicitly state penalties for non-compliance, the lack of compensation due to failure to adhere to the claim timeframe is a significant consequence. Moreover, any fraudulent claims or misrepresentation of facts could potentially lead to further legal repercussions under related statutes. The maximum penalty for such offences would depend on the specific laws governing fraud and misrepresentation at the time, which are not detailed within these Regulations.