EXPLANATORY STATEMENT
STATUTORY RULE 1987 NO. 154 ISSUED BY THE AUTHORITY OF THE MINISTER FOR COMMUNICATIONS
Section 112 of the Telecommunications Act 1975 (‘the Act’) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted to be prescribed by the regulations, or which are necessary or convenient to be prescribed by the regulations, for carrying out or giving effect to the Act.
Section 103 of the Act provides that the Commission may pay a reward of $100.00 or such higher amount as is prescribed to a person supplying it with information leading to the identification of a person who has damaged, defaced, stolen or vandalised Commission property. Regulation 43 of the Telecommunications Regulations presently prescribe an amount of $500.00 for the purposes of Section 103 of the Act.
In 1986 it was estimated by the Commission that losses through vandalism and theft in New South Wales alone amounted to more than $6 million. Attempts to reduce the levels of vandalism and theft, particularly in respect of public telephones, have met with limited success.
The statutory rule amends Regulation 43 to prescribe an amount of $2000.00 in place of $500.00.
It is hoped that the increased reward will encourage informants to provide information leading to the detection and conviction of offenders.
S.R. 45/87
Overview
The Statutory Rule 1987 No. 154, issued under the authority of the Minister for Communications, amends Regulation 43 of the Telecommunications Regulations 1976 as part of the Telecommunications Act 1975. This legislative action was introduced to address the significant problem of vandalism and theft of telecommunications property, particularly public telephones, which had led to substantial financial losses. The 1986 estimate by the Commission revealed that such losses in New South Wales alone amounted to over $6 million, highlighting an urgent need for measures to curb these activities. The policy objective behind this amendment is to enhance the effectiveness of the reward system for informants by increasing the reward amount from $500.00 to $2000.00, thereby encouraging more individuals to provide valuable information that could lead to the detection and prosecution of offenders.
The hope is that the increased financial incentive will serve as a deterrent and motivate informants to come forward with information that assists in identifying and convicting those responsible for the vandalism and theft of telecommunications property. This amendment reflects a proactive approach to mitigating the losses incurred through such activities and aims to bolster the enforcement mechanisms within the Telecommunications Act 1975.
Scope and Application
The Telecommunications (Increase of Reward for Information) Statutory Rule 1987 No. 154, issued under the authority of the Minister for Communications, amends Regulation 43 of the Telecommunications Regulations 1987. This amendment applies to the Commonwealth of Australia, specifically within the jurisdictional reach of the Telecommunications Act 1975. The rule modifies the reward amount payable to a person who provides information leading to the identification of individuals responsible for damaging, defacing, stealing, or vandalising property owned by the Australian Telecommunications Commission. The increased reward amount aims to enhance the incentive for informants, thereby encouraging the reporting of such offences and potentially reducing the prevalence of vandalism and theft of telecommunications equipment. There are no stated exclusions, exemptions, or thresholds within the rule itself, although the overall applicability of the Telecommunications Act 1975 may encompass certain limitations or exclusions.
Key Provisions
The main operative sections of this statutory rule pertain to the adjustment of the reward amount that can be paid to informants under Section 103 of the Telecommunications Act 1975. Specifically, Regulation 43 of the Telecommunications Regulations, which was previously set at $500.00, is amended to increase the reward to $2000.00. This change is intended to enhance the effectiveness of the reward scheme by providing a stronger incentive for individuals to report incidents of vandalism and theft of Commission property, particularly public telephones. The statutory rule, issued under Section 112 of the Act, ensures that this new amount is not inconsistent with the overarching legislation and is necessary to carry out the Act effectively.
Under the amended regulation, the obligations on parties and entities governed by this Act include providing accurate and timely information to the Commission about any incidents of vandalism or theft involving Commission property. Any person supplying information that leads to the identification of a perpetrator is eligible for the reward, which is now set at $2000.00. This requirement underscores the importance of public cooperation in maintaining the integrity and security of telecommunications infrastructure. The Commission is obligated to process claims for the reward and ensure that the correct amount is paid to eligible informants.
Breaching the provisions of the Telecommunications Act 1975 or failing to comply with the requirements set out in the statutory rule may have legal consequences. While the statutory rule itself does not specify particular offences, the Act does outline potential penalties for damaging, defacing, stealing, or vandalising Commission property. These offences can lead to criminal charges and, upon conviction, can result in fines or imprisonment, depending on the severity of the offence. Additionally, any individual who knowingly provides false information in an attempt to claim the reward may face legal repercussions for misconduct or perjury, further emphasising the importance of honesty in reporting activities.