STATUTORY RULES.
1905. No. 45.
PROVISIONAL REGULATIONS UNDER THE “POST AND TELEGRAPH ACT 1901.”
I, THE Governor-General in and over the Commonwealth of Australia, by and with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the attached amended regulation under the Post and Telegraph Act 1901, namely:—
Registration.—Compensation for loss of Registered Articles should come into immediate operation, and make the amended regulation to come into operation forthwith as a Provisional Regulation.
Dated this fourth day of July, One thousand nine hundred and five.
NORTHCOTE,
Governor-General.
S. SMITH,
By His Excellency’s Command.
REGISTRATION.
———
Compensation for loss of Registered Articles.
Regulation 3, under the above head, of the Regulations under the Post and Telegraph Act 1901, published in the Commonwealth Gazette on the 5th of June, 1902, is hereby repealed, and the following Regulation substituted in lieu thereof:—
3.—(i) Evidence in support of a claim in respect of the loss of a registered article may be given by statutory declaration as follows:—
(a) A statutory declaration made by or on behalf of the claimant setting forth—
(I.) the date when and the place where the article was posted, so far as they can reasonably be ascertained,
(II.) a description of the article and its value, so far as they are known to the claimant, and the fact of the loss, and
(III.) any other particulars required by these regulations or tending to establish the loss of the article or to verify the claim made.
(b) A statutory declaration made by the addressee, or some person who is acquainted with the fact, that neither the registered article nor any enclosure therein has been received by the addressee.
(2) The Postmaster-General or the Deputy Postmaster-General may, if he thinks fit, require additional evidence of the loss or value of the article.
By Authority: Robt. S. Brain, Government Printer, Melbourne.
C.6838.—Price 3d.
Overview
The Statutory Rules 1905, No. 45, published on the fourth of July, 1905, constitute a Provisional Regulation under the Post and Telegraph Act 1901. This legislative instrument was enacted to address the need for urgent amendments regarding the compensation for the loss of registered articles in postal services. The regulation was introduced by the Governor-General in and over the Commonwealth of Australia, Northcote, with the advice of the Federal Executive Council. The primary policy objective of this regulation is to provide a streamlined and legally recognised process for claimants to assert their claims regarding lost registered articles, ensuring that both the claimant and the postal service authority have clear, documented evidence to substantiate the claim and the associated compensation.
Scope and Application
The Provisional Regulations under the Post and Telegraph Act 1901 address the compensation process for the loss of registered articles sent through the postal system. These regulations apply to individuals or entities that have posted articles under the registration service and who subsequently claim compensation for loss. The regulations are applicable nationwide, given the Commonwealth jurisdiction of the Act. They specifically detail the procedures for making a statutory declaration to support a claim for lost registered articles, including the information that must be included in such a declaration. The regulations also allow the Postmaster-General or Deputy Postmaster-General to request additional evidence if necessary. The scope of these regulations is limited to the procedural aspects of filing claims and providing evidence, with no stated exclusions or exemptions within the excerpt provided. The regulations are intended to come into immediate operation as a provisional measure, pending any future amendments or full legislative adoption.
Key Provisions
The Statutory Rules of 1905, No. 45, introduce amended regulations under the Post and Telegraph Act 1901, particularly focusing on the registration and compensation for lost registered articles. Regulation 3 (i) outlines the procedure for submitting a statutory declaration in support of a claim for lost registered articles. This declaration must include the date and place of posting, a description and value of the article, and confirmation of the loss. Additionally, the addressee or a knowledgeable person must declare that the article and any enclosures have not been received. The Postmaster-General or the Deputy Postmaster-General retains the discretion to request further evidence regarding the loss or value of the article.
The Act imposes specific obligations on claimants and addressees to provide accurate and complete declarations when filing a claim for lost registered articles. Claimants must furnish details about the posting and the article, while addressees or other knowledgeable individuals must confirm non-receipt of the article and any enclosures. These declarations are foundational for substantiating a claim and facilitating the compensation process. Furthermore, the Postmaster-General or Deputy Postmaster-General may demand additional evidence if deemed necessary, ensuring the process is thorough and credible.
Violation of the provisions outlined in the Act, such as providing false or misleading information in statutory declarations, can lead to legal consequences. Although the specific penalties are not detailed in the provided text, such breaches generally carry the risk of civil or criminal liability. Penalties may vary depending on the severity of the offence, with potential outcomes including fines or other forms of sanctions as prescribed by relevant laws. The precise nature and extent of penalties would be determined by the applicable legal framework at the time of the offence.