STATUTORY RULES.
1943. No. 242.
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-ninth day of September, 1943.
(SGD.) GOWRIE
Governor-General.
By His Excellency’s Command,
Postmaster-General.
Amendment of the Telegraph Regulations. †
Regulation 45 of the Telegraph Regulations is repealed and the following regulation inserted in its stead:—
Delivery of telegrams.
“45.—(1.) Subject to sub-regulation (2.) of this regulation a telegram shall be delivered—
(a) free of charge—
(i) within a radius of three miles from a Chief Telegraph Office;
(ii) within a radius of one and one-half miles from any office from which a delivery of telegrams is made and at which a telegraph messenger is employed for that purpose; and
(iii) within a radius of two miles from any office where, in the opinion of the Postmaster-General, the circumstances warrant a free delivery;
(b) subject to payment of a delivery charge of Threepence for each delivery, irrespective of the number of telegrams for the same addressee delivered at the same time—
(i) beyond a radius of three miles and within a radius of three and one-half miles from a Chief Telegraph Office; and
* Notified in the Commonwealth Gazette on , 1943.
† Statutory Rules 1927, No. 142, as amended by Statutory Rules 1928, Nos. 55, 88 and 97; 1929, Nos. 15 and 128; 1930, Nos. 1, 5, 42, 81, 114 and 129; 1931, Nos. 70, 132 and 136; 1933, Nos. 102 and 127; 1934, Nos. 24, 113 and 137; 1935, No. 77; 1938, No. 63; 1939, Nos. 14 and 84; 1940, Nos. 50, 87 and 102; and 1942, No. 550.
5032.—Price 3d. 22/18.8.1943.
(ii) where the Postmaster-General so approves—beyond a radius of two miles and within a radius of two and one-half miles from an office to which sub-paragraph (iii) of paragraph (a) of this sub-regulation relates; and
(c) subject to the payment of delivery expenses—beyond the radii specified in the last two preceding paragraphs.
“(2.) In any case where natural obstacles or other difficulties affect the delivery of any telegram to the address specified in the telegram, delivery to that address may be withheld unless the actual cost of delivery is prepaid or guaranteed by the sender or addressee.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1943 No. 242, enacted under the Post and Telegraph Act 1901–1934, amends the existing Telegraph Regulations to address the delivery of telegrams within specified radii from telegraph offices. The regulation, made by the Governor-General with the advice of the Federal Executive Council, aims to streamline and clarify the delivery processes and associated costs for telegrams, ensuring a more consistent approach across various office types and locations. The regulation delineates specific radii within which telegrams can be delivered free of charge or at varying delivery charges, and it establishes the conditions under which delivery may be withheld if the cost cannot be prepaid or guaranteed by the sender or addressee. This legislative instrument seeks to refine the operational framework of telegram delivery services, enhancing efficiency and clarity in the service provided.
Scope and Application
The Statutory Rules 1943 No. 242 amends the Telegraph Regulations under the Post and Telegraph Act 1901–1934, specifically addressing the delivery of telegrams within Australia. This regulation applies to all telegrams sent within the Commonwealth, outlining the conditions and charges associated with the delivery based on the distance from a Chief Telegraph Office or other relevant telegraph office. The regulation stipulates that telegrams are to be delivered free of charge within certain specified radii from Chief Telegraph Offices or offices employing a telegraph messenger. Beyond these radii, a delivery charge of three pence is imposed, with the possibility of further charges depending on the delivery distance and circumstances. The regulation also allows for the withholding of delivery if natural obstacles or other difficulties impede the delivery process, unless the sender or addressee prepays or guarantees the delivery costs. These provisions apply uniformly across the Commonwealth, with no exclusions or exemptions specified in this particular regulation.
Key Provisions
The primary operative sections of this legislation, specifically regulation 45 under the Telegraph Regulations, detail the conditions under which telegrams may be delivered. Regulation 45(1)(a) stipulates that telegrams are to be delivered free of charge within three miles of a Chief Telegraph Office, within one and a half miles from any office employing a telegraph messenger for delivery purposes, and within two miles from any office where the Postmaster-General deems circumstances warrant free delivery. Regulation 45(1)(b) mandates that telegrams delivered between three and three and a half miles from a Chief Telegraph Office, or where approved by the Postmaster-General between two and two and a half miles from an office, are subject to a delivery charge of threepence regardless of the number of telegrams delivered simultaneously. Regulation 45(1)(c) requires payment of delivery expenses for telegrams delivered beyond the specified radii in the previous sub-regulations. Regulation 45(2) addresses situations where natural obstacles or other difficulties impede the delivery of telegrams to the specified address, stating that delivery may be withheld unless the actual cost of delivery is prepaid or guaranteed by the sender or addressee.
The obligations imposed by these regulations primarily concern the delivery of telegrams and the associated costs. The Postmaster-General's office has the authority to determine the circumstances under which free delivery applies and the boundaries for charged and expense-based deliveries. Additionally, the sender or addressee must ensure that any natural obstacles or other difficulties are accounted for, either by prepaying the delivery costs or guaranteeing payment. The Postmaster-General also has the discretion to approve the boundaries for charged deliveries beyond the standard two-mile radius.
The legislation does not explicitly outline specific offences, penalties, or consequences for breach. However, it does imply that failure to prepay delivery costs in cases where natural obstacles or other difficulties impede delivery could result in the withholding of the telegram delivery. This indirect consequence highlights the importance of compliance with the payment requirements to ensure timely delivery of telegrams.