STATUTORY RULES.
1909. No. 108.
PROVISIONAL REGULATIONS 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 undermentioned amended Regulations under the Post and Telegraph Act 1901, namely:—
Postal Regulations.
Packets.—Within the Commonwealth and to Papua (British New Guinea), New Zealand, and Fiji.
should come into immediate operation, and make the amended Regulations to come into operation forthwith as Provisional Regulations.
Dated this twenty-fourth day of September, One thousand nine hundred and nine.
DUDLEY.
Governor-General.
By His Excellency’s Command,
JOHN QUICK.
Postal Regulations.
Packets.—Within the Commonwealth and to Papua (British New Guinea), New Zealand, and Fiji.
The Regulations under this head (Gazette No. 26 of 5th June, 1902) are amended—
(a) By adding at the end of Regulation 1, under the sub-head, “Printed Papers” (as amended on 21st August, 1902, Gazette No. 42, of 29th August, 1902), the following words:—
“A printed order form and a printed and addressed envelope may be treated as part of a magazine if bound or fastened therein,” and
(b) By inserting after Regulation 1, under the sub-head, “Terms and Conditions under which packets may be transmitted within the Commonwealth,” the following new Regulations:—
“1a. A packet containing articles liable to different rates of postage shall be treated as if the whole contents were in the same category, and shall be charged at the highest rate applicable to any portion of its contents.”
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.13383.—Price 3d.
Overview
The Statutory Rules of 1909, No. 108, introduced the Provisional Regulations under the Post and Telegraph Act 1901, which were enacted to address the need for urgent amendments to the existing postal regulations concerning the transportation of packets within the Commonwealth and to other specified locations, including Papua (British New Guinea), New Zealand, and Fiji. This legislative instrument was issued by the Governor-General, acting on the advice of the Federal Executive Council, due to the urgency of the amendments. The overarching policy objective of these provisional regulations was to streamline the postal service by clarifying the treatment of packets containing articles liable to different rates of postage, ensuring that such packets are charged at the highest rate applicable to any portion of their contents.
Scope and Application
The Provisional Regulations under the Post and Telegraph Act 1901, as outlined in Statutory Rules 1909, No. 108, apply to the transmission of postal packets within the Commonwealth of Australia and to specific destinations including Papua (British New Guinea), New Zealand, and Fiji. These Regulations are intended to govern the terms and conditions under which packets can be transmitted, with particular amendments concerning the treatment of printed papers and the charging of postage rates for mixed-content packets. The application of these Regulations is immediate and urgent, reflecting the need for swift implementation of postal service policies. Notably, the Regulations allow for a printed order form and a printed and addressed envelope to be treated as part of a magazine if they are bound or fastened within it. Additionally, they establish that a packet containing articles subject to different postage rates must be charged at the highest rate applicable to any of its contents. The reach of these Regulations is confined to the specified territories, ensuring that the rules are applicable to relevant postal services operating within these jurisdictions.
Key Provisions
The main operative sections of these Provisional Regulations under the Post and Telegraph Act 1901 primarily concern the treatment of postal packets and the rates of postage applicable to their contents. Regulation 1 now includes printed order forms and printed and addressed envelopes as part of a magazine if they are bound or fastened within it (Regulation 1). Additionally, a new regulation (Regulation 1a) stipulates that a packet containing articles liable to different rates of postage shall be charged at the highest rate applicable to any portion of its contents. This means that if a postal packet has items that are subject to varying postage rates, the entire packet will be charged according to the highest rate among the items.
These regulations impose certain obligations and requirements on postal service users and the postal service itself. Users must ensure that their packets are correctly categorized and that any printed order forms or addressed envelopes are properly bound or fastened within magazines to be treated as such. Furthermore, the postal service is required to assess the contents of each packet and apply the highest applicable postage rate if the contents are subject to different rates. This helps in standardising the postal process and ensuring clarity in the rates charged.
In terms of compliance and enforcement, the Regulations do not explicitly outline specific offences or penalties for breach. However, non-compliance with postal regulations can lead to administrative consequences, such as reclassification of packets or additional charges. The broader framework of the Post and Telegraph Act 1901, which these regulations fall under, may provide for additional penalties for more severe or repeated breaches, including potential fines or other civil or criminal actions as deemed appropriate by the relevant authorities. The exact nature and severity of penalties would depend on the specific circumstances and any applicable legislative provisions beyond the scope of these Regulations.