Postal, Telegraphic and Telephone Regulations (Amendment) (Provisional)

Overview

The Statutory Rules 1906, No. 125, which include the Provisional Regulations under the Post and Telegraph Act 1901, were enacted to address the need for ensuring the accuracy and reliability of telegram transmissions within the Commonwealth of Australia. The Act was enacted by the Governor-General, acting on the advice of the Federal Executive Council, due to the urgent nature of the matter. The objective of these Regulations is to provide a safeguard against mistakes in the transmission and delivery of telegrams by allowing telegrams to be repeated. This is achieved by enabling the re-transmission of a telegram from the delivery office back to the sender, with the sender paying an additional charge of 50 per cent above the ordinary rate. To facilitate this, the word "repetition" must be included in the telegram's preamble and will be charged for accordingly. This legislative measure aims to enhance the integrity of telegram communications within Australia.

Scope and Application

The Provisional Regulations under the Post and Telegraph Act 1901, as enacted in Statutory Rules 1906 No. 125, primarily concern the repetition of telegrams within the Commonwealth of Australia. These regulations apply to individuals or entities that seek to have a telegram re-transmitted for the purpose of error correction, ensuring accuracy in the transmission and delivery of telegrams. The provisions are intended to cover the entire geographic scope of the Commonwealth, thereby applying to all states and territories within Australia. The regulations allow for the repetition of telegrams by re-transmitting them from the office of delivery back to the sender, but require the sender to pay an additional 50% of the ordinary rate at the time of lodgment, with the word “repetition” appearing in the preamble of the telegram and being charged for separately. It is noteworthy that the regulations explicitly state that repeated messages must be treated as paid service advices, thereby formalising the payment structure and ensuring clarity in transactional terms. These provisional regulations, coming into immediate operation, are subject to potential amendments or further clarifications through subordinate instruments that might extend or restrict their application in the future.

Key Provisions

The main operative sections of the Provisional Regulations under the Post and Telegraph Act 1901 include the regulation concerning the repetition of telegrams within the Commonwealth, specifically section 2, which provides for the re-transmission of telegrams. Under this provision, any telegram may be repeated by being re-transmitted from the office of delivery to the sender, provided that the sender pays an additional 50% of the ordinary rate at the time of lodgment (section 2). This additional payment ensures that the telegram can be re-sent to avoid any potential mistakes in transmission and delivery. It is also stipulated that the word “repetition” must appear in the preamble of the telegram and be charged for, and that repeated messages must be treated as paid service advices (section 2). The obligations imposed by these Regulations on parties and entities they govern include ensuring that telegrams are transmitted and delivered accurately and that any potential errors are rectified through the repetition process. Senders of telegrams must be prepared to pay the additional charge for repetition if they wish to ensure the accuracy of their message delivery. Furthermore, the Regulations require that the word “repetition” be clearly indicated in the telegram preamble, and that repeated messages are treated as paid service advices, thereby formalising the process and ensuring it is accounted for properly. Breaches of these Regulations may lead to civil consequences for non-compliance. However, the specific penalties for non-compliance are not detailed within the text of the Regulations themselves. It is likely that any breaches could be subject to further legislative or administrative penalties as prescribed by other relevant laws or administrative actions. The urgency of the Regulations, as noted in the notification, may imply a certain level of importance and compliance requirement, but the exact nature of penalties or consequences for non-compliance is not explicitly stated within this specific legislative instrument.