STATUTORY RULES.
1939. No. 14.
REGULATION UNDER THE POST AND TELEGRAPH ACT 1901-1934.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Post and Telegraph Act 1901-1934.
Dated this twenty second day of February, 1939.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
Postmaster-General.
Amendment of the Telegraph Regulations.†
Regulation 77 of the Telegraph Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—
“(2.) Brief particulars consisting of the date of lodgment, charge, name of addressee and telegraph office of destination (or telegraph office of origin in the case of messages telephoned to subscribers) in respect of each telegram covered by the charges included in his account may be furnished to the telephone subscriber on request, subject to payment of a fee for each such statement calculated on the basis of a charge of one shilling for particulars of not more than twenty-five telegrams, sixpence for each additional group of twenty-five telegrams or portion thereof up to an inclusive total of 200, and thereafter sixpence for each additional group of fifty telegrams or portion thereof. A certified copy of any telegram referred to in the statement may be obtained in accordance with the provisions of regulation 68 of these Regulations.”
*Notified in Commonwealth Gazette on , 1939
†Statutory Rules 1927, No. 142, as amended by Statutory Rules 1928, Nos. 35, 88, 97; 1929, Nos. 15, 128; 1930, Nos. 1, 5, 42, 81, 114, 129; 1931, Nos. 70, 132, 136; 1933, Nos. 102, 127; 1934. Nos. 24, 113, 137; 1935, No. 77, and 1938, No. 63.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
404.—8/31.1.1939.—Price 3d.
Overview
The Post and Telegraph Act 1901-1934, enacted by the Australian Commonwealth Parliament, established the legal framework for postal and telegraph services in Australia. This Act was introduced to address the need for a unified and efficient means of communication across the vast expanse of the nation, which was critical for both governmental and civilian purposes. In 1939, the Commonwealth Parliament, through the Governor-General and Federal Executive Council, issued Statutory Rules to amend the Telegraph Regulations under this Act, aiming to refine and update the administrative procedures for handling telegraphic communications. This particular regulation focused on updating the process for providing detailed statements of telegraphic charges to telephone subscribers, including the introduction of fees for such services.
Scope and Application
The Statutory Rules 1939, No. 14, made under the Post and Telegraph Act 1901-1934, specifically amend Regulation 77 of the Telegraph Regulations. This regulation applies to individuals and entities that engage in the transmission of telegrams within the Commonwealth of Australia, affecting their conduct and the transactional details they must disclose. The regulation mandates that subscribers can request detailed particulars of their telegrams, including the date of lodgment, charge, name of the addressee, and the destination telegraph office, subject to a fee based on the volume of telegrams. This amendment seeks to regulate the information provided to telephone subscribers and the associated costs, ensuring transparency in the communication services provided under the Act. The regulation's reach is limited to the Commonwealth, meaning it applies nationally across Australia but does not extend to state or territory regulations unless otherwise specified. Subordinate instruments may further refine the application of this regulation, but the primary focus remains on the detailed information subscribers can access regarding their telegram transactions.
Key Provisions
The legislative instrument, Statutory Rules 1939 No. 14, amends Regulation 77 of the Telegraph Regulations under the Post and Telegraph Act 1901-1934. Specifically, it replaces sub-regulation (2) with new provisions that allow for the provision of detailed telegram information to telephone subscribers upon request. According to the amended sub-regulation (2), subscribers can now obtain brief particulars of each telegram, including the date of lodgment, charge, name of addressee, and the telegraph office of destination (or origin for telephoned messages). This information must be provided in exchange for a specified fee (Regulation 77(2)).
The obligations imposed by these amendments primarily concern the Postmaster-General’s office and the telegraph service providers. They must ensure that the requested information is accurately recorded and available for subscribers. Additionally, the regulations require that any telegrams referenced in the provided statements can be accessed in certified form as per Regulation 68. This implies that the Postmaster-General’s office must maintain a system to verify and issue certified copies of telegrams as needed (Regulation 77(2)).
Failure to comply with the provisions of this regulation could lead to various consequences. While the legislation does not explicitly outline specific offences or penalties, breaches of regulatory compliance in the context of postal and telegraph services could potentially lead to civil or administrative penalties under the broader Post and Telegraph Act 1901-1934. The penalties could range from fines to other corrective measures deemed necessary by the authorities to ensure adherence to the regulatory requirements.