STATUTORY RULES.
1912. No. 46.
PROVISIONAL REGULATIONS UNDER THE POST AND TELEGRAPH ACT 1901-1910.
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 1901-1910, namely:—
Postal Regulations.
Money Orders: Postal Notes,
should come into immediate operation, and make the amended Regulations to come into operation forthwith as Provisional Regulations.
Dated this 20th day of February, One thousand nine hundred and twelve.
DENMAN,
Governor-General.
By His Excellency’s Command,
C. E. FRAZER.
Postal Regulations.
Money Orders.
Regulation ii under this head (Gazette No. 26 of the 5th June, 1902) it amended by adding the following at the end thereof :—
Provided, however, that should a bank refuse to accept without charge a crossed money order, such order may, on presentation at the Post Office on which it has been issued, be paid if signed by the person or firm to whom it is made payable.
Postal Notes.
The third paragraph of Regulation 6 under this head (Statutory Rules 1908, No. 47) is repealed and the following substituted in lieu thereof:—
Provided further that, should a bank refuse to accept without charge a crossed postal note, such note may, on presentation at the Post Office at which it has been made payable, be paid, if signed by the person or firm to whom it is made payable, or, in the case of an open postal note, by the person presenting it for payment.
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.2564.—Price 3d.
Overview
The Statutory Rules 1912, No. 46, titled "Provisional Regulations under the Post and Telegraph Act 1901-1910," were enacted in 1912 to address the need for immediate amendments to existing postal regulations. This legislative instrument was introduced to update the regulatory framework governing postal services and financial instruments such as money orders and postal notes. The regulations were enacted by the Governor-General in Council, acting on the advice of the Federal Executive Council, due to the urgency of the required changes. The policy objective was to provide a streamlined process for the payment of money orders and postal notes, ensuring that these financial instruments could be honoured by the Post Office if banks refused to accept them without charge. This measure aimed to enhance the efficiency and accessibility of postal financial services for the public.
Scope and Application
The Provisional Regulations under the Post and Telegraph Act 1901-1910 pertain specifically to Postal Regulations concerning Money Orders and Postal Notes. These regulations are applicable to individuals and firms involved in transactions through money orders and postal notes issued by the Post Office. The geographic reach of these regulations is Commonwealth-wide, impacting all post offices and their associated banking interactions across Australia. Notably, the regulations establish conditions under which money orders and postal notes can be honoured at the issuing Post Office if banks refuse to accept them without charge, provided they are signed by the intended recipients. These amended regulations come into immediate operation and serve as provisional rules until further legislative adjustments or permanent regulations are established. The regulations extend their application through the specified amendments and substitutions within the existing framework of the Post and Telegraph Act 1901-1910, thereby ensuring compliance and operational continuity in postal financial transactions.
Key Provisions
The main operative sections of the Provisional Regulations under the Post and Telegraph Act 1901-1910 pertain to the handling of Money Orders and Postal Notes. Regulation ii now allows a crossed money order to be paid if signed by the payee at the issuing Post Office should the bank refuse to accept it without charge (Postal Regulations. Money Orders). Regulation 6, concerning Postal Notes, has been amended to permit a crossed postal note to be paid if signed by the payee or by the presenter in the case of an open note, provided the bank refuses to accept it without charge (Postal Notes). These amendments ensure that individuals can still receive their payments in situations where banks impose charges for accepting crossed financial instruments.
The Act imposes specific obligations on banks and Post Offices. Banks are required to accept money orders and postal notes without charge, but if they refuse to do so, they lose the privilege of handling these financial instruments at no cost. Post Offices, on the other hand, are mandated to facilitate the payment of these instruments when banks refuse to accept them without charge, provided they are signed by the payee or presenter, as applicable. These provisions ensure that the public retains access to their funds even when banks impose charges.
The Provisional Regulations do not explicitly mention offences, penalties, or consequences for breach. However, the failure of a bank to accept money orders or postal notes without charge could result in the loss of their right to handle such instruments without incurring costs. For Post Offices, not adhering to the provisions for facilitating payment when banks refuse to accept without charge could result in non-compliance with the regulations. While the regulations do not specify penalties, any breaches could potentially lead to administrative or legal actions under the overarching Post and Telegraph Act 1901-1910 or other relevant legislation.