STATUTORY RULES.
1905. No. 24.
PROVISIONAL REGULATION UNDER THE " POST AND TELEGRAPH ACT 1901."
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the attached Regulation under the Post and Telegraph Act 1901, should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this twenty-ninth day of March, One thousand nine hundred and five.
NORTHCOTE,
Governor-General.
SYDNEY SMITH,
By His Excellency's Command.
GENERAL POSTAL REGULATIONS.
Payment of Postage by the Receiver.
The Regulations under the Post and Telegraph Act 1901, published in the Commonwealth Gazette on the 5th June, 1902, are hereby amended by the insertion of the following new regulation under the above head :—
3. The postage on the following postal articles may be paid by the receiver instead of being prepaid by the sender :—
Correspondence from Commonwealth Electoral Registrars to Commonwealth Divisional Returning Officers, if posted within the Commonwealth, enclosed in covers bearing the printed address—
" The Divisional Returning Officer,
Commonwealth Electoral Division
of...................................."
and having printed thereon the words, " Commonwealth Electoral Registrar........................," and " Postage to be paid on delivery under provisions of Section 97 (q) of Post and Telegraph Act, 1901."
By Authority : Robt. S. Brain, Government Printer, Melbourne.
Overview
The Provisional Regulation under the "Post and Telegraph Act 1901" was enacted in 1905 to address the administrative and operational needs of the newly established Commonwealth of Australia's postal system. The regulation was introduced as a Provisional Regulation, allowing it to come into immediate operation due to the urgency of the matter. The Governor-General, on the advice of the Federal Executive Council, certified the regulation to be enacted as a Provisional Regulation, indicating the critical nature of the amendment. This legislative instrument sought to streamline the payment process for specific electoral communications by allowing the receiver to pay postage instead of the sender, thereby facilitating the efficient handling of electoral correspondence within the Commonwealth. The regulation underscores the early commitment to ensuring effective communication channels for the nascent democratic processes of the young nation.
Scope and Application
The Provisional Regulation under the "Post and Telegraph Act 1901" pertains to amendments in the payment of postage for specific postal articles, particularly correspondence from Commonwealth Electoral Registrars to Commonwealth Divisional Returning Officers. This regulation applies to the entities involved in the electoral process, namely Commonwealth Electoral Registrars and Commonwealth Divisional Returning Officers, and specifies that these individuals are permitted to have the postage paid by the receiver, rather than being prepaid by the sender. This applies to correspondence posted within the Commonwealth of Australia and must be enclosed in covers with specific printed addresses and wording as stipulated in the regulation. The geographic reach of this regulation is national, as it applies throughout the Commonwealth of Australia. The regulation does not specify any exclusions, exemptions, or thresholds. It is noteworthy that the regulation comes into immediate operation as a Provisional Regulation due to the urgency of the matter, and its implementation is further governed by the overarching Post and Telegraph Act 1901, which may extend or restrict its application through subordinate instruments.
Key Provisions
The main operative sections of this Provisional Regulation under the Post and Telegraph Act 1901 introduce an amendment allowing certain types of correspondence to be paid for by the receiver rather than the sender. Specifically, Section 3 of the regulation states that postage for correspondence from Commonwealth Electoral Registrars to Commonwealth Divisional Returning Officers, if posted within the Commonwealth and enclosed in specific covers bearing printed addresses and words, can be paid by the receiver (s. 3). This provision is made under Section 97(q) of the Post and Telegraph Act 1901, which allows for this alternative method of postage payment in particular circumstances.
The Act imposes several obligations and requirements on the parties involved. The correspondence must be from a Commonwealth Electoral Registrar to a Commonwealth Divisional Returning Officer, and it must be posted within the Commonwealth. Additionally, the covers must bear the printed address "The Divisional Returning Officer, Commonwealth Electoral Division of..." and include the words "Commonwealth Electoral Registrar" and "Postage to be paid on delivery under provisions of Section 97(q) of Post and Telegraph Act, 1901." These specifications ensure that the correspondence is identifiable and eligible for the alternative postage payment arrangement.
There are no explicit offences, penalties, or civil/criminal consequences stated in the regulation for breaches of these provisions. However, the regulation operates under the authority of the Post and Telegraph Act 1901, which may have broader provisions that could apply in cases of non-compliance. Given the specific nature of the regulation, any failure to adhere to the stipulated conditions for postage payment might result in the correspondence not qualifying for the receiver-pays arrangement, thereby requiring the sender to pay the postage as per usual practice.