STATUTORY RULES.
1905. No. 67.
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 regulation under the Post and Telegraph Act 1901, namely:—
Telephone Regulations—Telephone Exchanges: 5a—
should come into immediate operation, and make the regulation to come into operation forthwith as a Provisional Regulation.
Dated this eighteenth day of October, One thousand nine hundred and five.
NORTHCOTE,
Governor-General.
By His Excellency’s Command,
AUSTIN CHAPMAN,
Postmaster-General.
TELEPHONE REGULATIONS.
Telephone Exchanges.
The regulations under the Post and Telegraph Act 1901, under the above head, are hereby amended by the insertion of the following regulation:—
5a. If any subscriber is convicted of carrying on any illegal business, and the place where the illegal business is carried on is connected with a telephone exchange, the Deputy Postmaster-General may determine the agreement with the subscriber and may remove the subscriber’s name from the Telephone Directory, and may remove all wires, instruments, and other property of the Postmaster-General used in connexion with the telephone. If the agreement is determined during any period in respect of which rent has been paid in advance, a proportionate part of the rent shall be returned to the subscriber.
In this regulation illegal business means—
(a) Keeping any common gaming-house, common betting-house, common bawdy-house, or house of disorderly entertainment; or
(b) keeping, occupying, or using any house or premises in contravention of the law of any State relating to gaming or wagering.
By Authority: Robt. S. Brain, Government Printer, Melbourne.
C.10849.—Price 3d.
Overview
The Statutory Rules 1905, No. 67, issued under the authority of the Post and Telegraph Act 1901, establish Provisional Regulations intended to address the need for immediate measures in managing illegal activities linked to telephone services. Enacted by the Governor-General in Council, these regulations aim to provide the Deputy Postmaster-General with the authority to take decisive action against subscribers engaged in illegal businesses connected to telephone exchanges. The policy objective is to uphold the integrity of the telecommunications network by ensuring it is not used for unlawful activities, thereby protecting the public interest and maintaining the proper functioning of postal and telegraphic services.
Scope and Application
The Provisional Regulations under the Post and Telegraph Act 1901, specifically targeting "Telephone Exchanges," impose stringent measures on subscribers involved in illegal activities. These regulations apply to any subscriber who is convicted of engaging in illegal business activities, where the location of such activities is connected to a telephone exchange. The conduct specified as illegal includes operating a common gaming-house, common betting-house, common bawdy-house, or a house of disorderly entertainment, as well as any violation of state laws concerning gaming or wagering. The Deputy Postmaster-General has the authority to terminate the agreement with the subscriber, remove their name from the Telephone Directory, and confiscate all property used in connection with the telephone service, including wires and instruments. This regulation is designed to enforce compliance and maintain the integrity of the telephone network by penalising those who use it for unlawful purposes. Any subscriber whose agreement is terminated during a period for which rent has been paid in advance will be entitled to a proportionate refund of the rent. This regulation extends across the Commonwealth, enforcing a national standard of conduct for telephone subscribers.
Key Provisions
The Provisional Regulations under the Post and Telegraph Act 1901, specifically within the “Telephone Regulations: Telephone Exchanges” section, introduce Regulation 5a, which has significant implications for subscribers engaging in illegal activities. According to Regulation 5a (subsection 5a), if a subscriber is found guilty of conducting illegal business through a telephone line connected to a telephone exchange, the Deputy Postmaster-General has the authority to terminate the subscriber's agreement. This action also includes removing the subscriber's name from the Telephone Directory and confiscating any wires, instruments, and other property of the Postmaster-General associated with the telephone service. If the termination occurs during a period for which rent has been paid in advance, the subscriber is entitled to a proportionate refund of the rent.
These regulations impose several obligations on subscribers using the telephone services. Primarily, subscribers must ensure that their activities and the premises they use do not contravene any state laws related to gaming or wagering, nor involve operating a common gaming-house, common betting-house, common bawdy-house, or house of disorderly entertainment. Failure to comply with these obligations can lead to severe consequences as outlined in Regulation 5a.
Furthermore, Regulation 5a stipulates the consequences for those who breach these provisions. Engaging in any illegal business as defined under the regulation can result in the Deputy Postmaster-General taking decisive action to terminate the subscriber's agreement, remove their name from the directory, and confiscate all equipment used in the telephone service. The regulation also ensures that any prepaid rent is appropriately prorated and refunded to the subscriber. These actions are not just punitive but also serve to uphold the integrity of the telecommunications network by preventing illegal activities from exploiting the telephone services.