STATUTORY RULES.
1907. No. 26.
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 following 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-second day of March, One thousand nine hundred and seven.
NORTHCOTE,
Governor-General.
By His Excellency’s Command,
AUSTIN CHAPMAN.
Interfering with Postage Stamps.
(1) A person shall not—
(a) Treat or deal with or apply any substance to any postage stamp in any manner so as to facilitate the removal of any postmark which is or may be placed thereon in any Post Office, or
(b) knowingly have in his possession any postage stamp which has been treated or dealt with or to which any substance has been applied in any manner so as to facilitate the removal of any postmark which is or may be placed thereon in any Post Office, or
(c) knowingly put off or use for postal or telegraphic purposes any postage stamp which has been treated or dealt with or to which any substance has been applied in any manner so as to facilitate the removal of any postmark which is or may be placed thereon in any Post Office.
(2) A person who commits a contravention of this Regulation is guilty of an offence and shall be liable on conviction to a penalty of not more than Fifty pounds and not less than One pound.
(3) Proof that a postage stamp affixed to a postal article has been treated or dealt with, or has had applied to it any substance, in contravention of this Regulation, and that the defendant is the writer of the postal article or of any communication therein or of the address thereon or of any part of such address, or is the sender thereof, shall be primâ facie evidence that he is guilty of an offence against this Regulation.
(4) Nothing in the preceding paragraph shall prejudice the proof of an offence against this Regulation by other evidence.
By Authority: j. Kemp, Acting Government Printer, Melbourne.
C.4437.—Price 3d.
Overview
The Provisional Regulation under the Post and Telegraph Act 1901, numbered Statutory Rules 1907 No. 26, was enacted in 1907 to address the urgent issue of postage stamp fraud, specifically the manipulation of postage stamps to remove postmarks. This regulation was introduced to ensure the integrity of postal services by preventing the misuse of postage stamps, thereby maintaining the effectiveness of postal marking as a method of tracking and verifying mail. Enacted by the Governor-General with the advice of the Federal Executive Council, the policy objective of this regulation was to deter the tampering of postage stamps and uphold the reliability of postal records. The regulation imposes penalties for those found in breach, aiming to safeguard the postal system against fraudulent practices.
Scope and Application
The Provisional Regulation under the Post and Telegraph Act 1901 applies to individuals who engage in specific conduct related to postage stamps. It prohibits the treatment, dealing, or application of any substance to a postage stamp that facilitates the removal of a postmark. Additionally, it prohibits the possession, putting off, or use of such postage stamps for postal or telegraphic purposes. The regulation extends its reach to anyone within the Commonwealth of Australia, and a contravention of the regulation is an offence punishable by a penalty of up to Fifty pounds or a fine of at least One pound. The regulation provides that if a postage stamp affixed to a postal article is treated or dealt with in contravention of the regulation, and the defendant is the writer of the postal article or of any communication therein or of the address thereon, or is the sender thereof, it shall be prima facie evidence that they are guilty of an offence against the regulation. This regulation does not exclude or exempt any persons or entities from its application, and there are no stated thresholds. The regulation extends its application through subordinate instruments, and there are no specified exclusions.
Key Provisions
The main operative sections of this Provisional Regulation under the Post and Telegraph Act 1901 (sections 1 and 2) prohibit the treatment or application of any substance to a postage stamp that facilitates the removal of a postmark, possessing such stamps, and using such treated stamps for postal or telegraphic purposes. This is clearly stated in section 1(a) to (c). The regulation aims to prevent the misuse of postage stamps, ensuring that postmarks, which are crucial for tracking and accountability, remain intact.
The obligations and requirements imposed by this Act are straightforward yet significant. Any person found in possession of, using, or intending to use postage stamps that have been altered in a way that removes postmarks is subject to the Act's restrictions. This includes not only the physical act of altering the stamps but also the possession and use of such altered stamps. By enforcing these provisions, the Act seeks to maintain the integrity of the postal system and prevent fraudulent activities.
The consequences for breaching these provisions are laid out in section 2. Any person found guilty of contravening the regulation is liable to a penalty. The penalty for such an offence ranges from a minimum of One pound to a maximum of Fifty pounds, as specified in section 2. Furthermore, section 3 provides that if a postage stamp has been altered in contravention of the regulation and the defendant is associated with the postal article or communication, this constitutes prima facie evidence of the offence. This means that the mere possession or use of such a stamp can be enough to establish guilt unless other evidence is provided to the contrary.
While the primary focus of this regulation is on penalising the misuse of postage stamps, it also sets a clear precedent for the enforcement of postal regulations. By establishing specific penalties and evidential standards, the regulation aims to deter potential offenders and ensure compliance with postal laws. The statutory framework underscores the importance of maintaining the integrity and functionality of the postal system, reflecting the regulatory intent to uphold public trust and efficiency in postal services.