STATUTORY RULES.
1911. No. 192.
REGULATIONS UNDER THE POST AND TELEGRAPH ACT 1901-1910.
(Issued provisionally as Statutory Rules 1911, No. 126.)
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the undermentioned amended Regulations under the Post and Telegraph Act 1901-1910, namely:—
Regulations for Securing the Telegraph Lines or Works of the Postmaster-General from Interference by House Removals or Other Works.
to come into operation on the second day of December, 1911.
Dated this eighth day of November, One thousand nine hundred and eleven.
DENMAN.
Governor-General.
By His Excellency’s Command,
C. E. FRAZER.
Regulations for Securing the Telegraph Lines or Works of the Postmaster General from Interference by House Removals or Other Works.
(1) No person shall do any work which may require the removal of, or may injure or interfere with, any wire or other property of the Postmaster-General, without giving to the Deputy Postmaster-General in the State concerned, or to a Postmaster in that State, not less than 24 hours’ previous notice in writing of his intention to do the work.
(2) In the doing of the work every person shall—
(a) use all reasonable and proper means to avoid any injury to, or interference with, any wire or other property of the Postmaster-General; and
(b) comply with every reasonable requirement of the Deputy Postmaster-General or Postmaster as to the method of doing the work so as to avoid any such injury or interference as aforesaid.
(3) Any expense incurred by the Postmaster-General in protecting his wires or other property from being injured or interfered with by the work, or in removing any such wire or other property to allow of the work being done and subsequently restoring it, shall be paid to the Postmaster-General by the person doing the work.
(4) A person who commits a contravention of this Regulation is guilty of an offence, and shall be liable, on conviction, to a penalty not more than Ten pounds, and not less than Ten shillings.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Acting Government Printer for the State of Victoria.
C.13600.—Price 3d.
Overview
The Regulations for Securing the Telegraph Lines or Works of the Postmaster General from Interference by House Removals or Other Works 1911 were enacted to address the growing issue of potential damage to telegraph lines and works caused by various works and house removals. This legislative instrument was issued by the Governor-General in Council under the authority of the Post and Telegraph Act 1901-1910. The primary objective of this regulation is to safeguard the telegraph infrastructure from unintentional harm or interference by requiring advance notification to the Deputy Postmaster-General or a Postmaster, and by mandating the use of reasonable precautions to avoid damage during any works that might affect the telegraph lines. This regulatory framework ensures that any costs incurred by the Postmaster-General in protecting, relocating, or restoring telegraph property are borne by the party responsible for the work, thereby maintaining the integrity and functionality of the national telegraph system.
Scope and Application
The Regulations for Securing the Telegraph Lines or Works of the Postmaster General from Interference by House Removals or Other Works apply to any person intending to carry out work that may interfere with telegraph lines or property of the Postmaster-General. These regulations pertain to the entire Commonwealth of Australia and are designed to ensure that telegraph lines and related infrastructure are protected from potential damage or interference during various activities such as house removals or other construction works. To mitigate any risk, individuals must provide written notice to the Deputy Postmaster-General or a Postmaster at least 24 hours prior to commencing the work, and they must also use all reasonable means to avoid causing any damage or interference. Additionally, they must comply with any reasonable requirements set by the Deputy Postmaster-General or Postmaster regarding the method of conducting the work. Any expenses incurred by the Postmaster-General to protect or restore the telegraph lines or property due to the work will be borne by the person carrying out the work. Failure to adhere to these regulations constitutes an offence, with penalties ranging from ten shillings to ten pounds upon conviction.
Key Provisions
The operative sections of these regulations, under the Post and Telegraph Act 1901-1910, provide clear guidelines for any work that might affect the telegraph lines or works of the Postmaster-General (s. 1). Firstly, anyone intending to carry out work that could potentially disturb or damage the telegraph lines or property must notify the Deputy Postmaster-General or a Postmaster in writing at least 24 hours before commencing the work (s. 1). During the execution of such work, individuals are obligated to use all reasonable and proper means to avoid any injury or interference with the telegraph lines or property, and to comply with any reasonable requirements set by the Deputy Postmaster-General or a Postmaster to ensure such avoidance (s. 2). If the work results in any expenses incurred by the Postmaster-General for protecting the telegraph lines or property, or for removing and subsequently restoring any affected lines or property, the person conducting the work must compensate the Postmaster-General for these expenses (s. 3).
These regulations impose several obligations on individuals and entities planning to undertake work that might interfere with telegraph lines or works. Primarily, they must provide written notification to the Deputy Postmaster-General or a Postmaster at least 24 hours before the work begins (s. 1). During the work, they must take all reasonable precautions to prevent any damage to the telegraph lines or property, and adhere to any reasonable instructions provided by the Deputy Postmaster-General or a Postmaster to avoid interference (s. 2). Additionally, they must bear any costs that arise from protecting the telegraph lines or property, or from temporarily relocating and restoring any affected lines or property (s. 3).
Breaching these regulations constitutes an offence. According to the provisions, any person who fails to comply with these regulations is liable to a penalty (s. 4). Upon conviction, the penalty can be up to ten pounds, but not less than ten shillings. This legal framework ensures that any disruption to the telegraph lines or works is minimized and that the Postmaster-General's property is adequately protected during any work that might affect it.