Telegraph Regulations (Amendment)

Legislation au C1965L00042 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1965. No. 42.

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REGULATIONS UNDER THE POST AND TELEGRAPH ACT 1901-1961.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Post and Telegraph Act 1901-1961.

Dated this first day of April, 1965.

DE L’ISLE

Governor-General.

By His Excellency’s Command,

Postmaster-General.

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AMENDMENTS OF THE TELEGRAPH REGULATIONS.†

Definitions.

1. Regulation 3 of the Telegraph Regulations is amended—

(a) by inserting after the definition of “counter officer” the following definitions:—

“‘credit card’ has the same moaning as in the Telephone Regulations;

“‘holder’, in relation to a credit card, means the telephone subscriber to whom the credit card was issued by the Department;”; and

(b) by inserting after the definition of “telegram” the following definition:—

“‘telephone subscriber’ or ‘subscriber’ means a subscriber as defined by regulation 4 of the Telephone Regulations;”.

Address of telegrams.

2. Regulation 17 of the Telegraph Regulations is amended by omitting sub-regulation (5.).

Method of paying charges.

3. Regulation 39 of the Telegraph Regulations is amended by inserting after sub-regulation (1B.) the following sub-regulations:—

“(1C.) Where a holder of a credit card or a person authorized by a holder of a credit card lodges a telegram at a telegraph office and writes on the telegram the words ‘Charge credit card’ followed

 

* Notified in the Commonwealth Gazette on 1 April 1965.

† Statutory Rule 1927, No. 142 as amended by Statutory Rules 1928, Nos. 35, 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. 88, 102 and 127; 1934, Nos. 24 113 and 137: 1935, No. 77; 1938, No. 63, 14 and 84; 1940, Nos. 50, 87 and 102; 1942, No. 550; 1943, Nos. 215 and 242; 1944, No. 91; 1945 No. 10; 1946, No. 139; 1948, No. 23; 1949, Nos. 19 and 91; 1950, No. 91; 1951, Nos. 23, 73 and 90; 1952, Nos. 6, 35 and 78; 1954, No. 5; 1955, No. 58; 1956, No. 69; 1957, No. 41; 1958. No. 13 and 50; 1959, Nos. 10 and 84; 1960, No, 15; 1961, No. 76; 1962, No. 99; 1964, No. 122, and 1965, No. 41

11608/63.—PRICE 9D.  9/9.3.1965.

by the number of the credit card, the fee payable for the transmission of the telegram and an additional fee of Sixpence shall be included in a telephone account rendered to the holder of the credit card,

“(1D.) A person who lodges a telegram at a telegraph office shall not write the number of the credit card of another person, or cause or permit the number of the credit card of another person to be written, on the telegram unless he is authorized to do so by that other person.

Penalty: Twenty-five pounds.”.

Delivery of telegrams.

4. Regulation 45 of the Telegraph Regulations is amended by omitting sub-paragraph (ii) of paragraph (a) of sub-regulation (1.) and inserting in its stead the following sub-paragraph:—

“(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 person is employed for that purpose;”.

5. After regulation 60 of the Telegraph Regulations the following regulation is inserted:—

Privately printed “collect” telegrams.

“60a.—(1.) A person may, with the consent of the Director-General of Posts and Telegraphs and after lodging with the Director-General a bank guarantee approved by the Director-General, print and issue at his own expense ‘collect’ telegram forms.

“(2.) Each telegram form printed in pursuance of this regulation shall be in accordance with such form, and shall contain such particulars, as the Director-General determines.

“(3.) A telegram lodged on a form printed in pursuance of this regulation is a ‘collect’ telegram for the purposes of sub-regulation (3.) of the last preceding regulation.

“(4.) Where a telegram is lodged on a form printed in pursuance of this regulation, the fee payable for the transmission of the telegram is payable by the addressee and is so payable on the delivery of the telegram or, if the addressee requests that an account be rendered to him for fees payable in respect of any such telegrams delivered to him and the Director-General of Posts and Telegraphs agrees to render such an account, within fourteen days after the account is rendered.”.

Telephoning of telegrams.

6. Regulation 75 of the Telegraph Regulations is amended—

(a) by omitting sub-regulations (1.) and (2.) and inserting in their stead the following sub-regulations:—

“(1.) A person may telephone a message from a subscriber’s telephone, or from a public telephone that is authorized by the Department for that purpose, to a telegraph office for transmission as a telegram.

“(2.) Subject to sub-regulation (4.) of this regulation, a person who wishes to telephone a telegram from a subscriber’s telephone or from a public telephone shall—

(a) where the telephone is connected to an exchange in the Sydney, Melbourne, Brisbane, Adelaide, Perth or Hobart charging zones—telephone the message to the principal telegraph office for the zone; or


(b) where the telephone is connected to an exchange in a charging zone other than a charging zone specified in the last preceding paragraph—except where otherwise directed by the Postmaster-General, telephone the message to the nearest telegraph office.

“(2A.) The references in the last preceding sub-regulation to charging zones shall be read as references to charging zones specified, in pursuance of regulation 18A of the Telephone Regulations, in column 1 in the First Schedule to those Regulations.”;

(b) by omitting from sub-regulation (3.) the words “telephone unit” and inserting in their stead the words “local call”;

(c) by omitting from paragraph (b) of sub-regulation (5.) the word “line ”;

(d) by omitting sub-regulation (6.) and inserting in its stead the following regulations:—

“(6.) Where service is given at a telephone exchange during the period commencing at the hour of seven o’clock on the evening and ending at midnight on the evening, a person may, during that period, telephone a message for transmission as a lettergram, from a subscriber’s telephone or from a public telephone that is authorized by the Department for that purpose, to the nearest telegraph office that is open for lettergram business.

“(6A.) A message telephoned to a telegraph office under the last preceding sub-regulation shall be dealt with as if it were a lettergram handed in at that office.

“(6B.) Subject to the next succeeding sub-regulation, where a message sent by telephone is accepted for transmission as a lettergram under the preceding provisions of this regulation, there shall be payable in addition to the prescribed charge for the transmission of the lettergram—

(a) a fee of Sixpence; and

(b) except where the message is telephoned by a direct telephone line to the telegraph office, the local call fee.”;

(e) by omitting from sub-regulation (7.) the words “the last preceding sub-regulation” and inserting in their stead the words “sub-regulation (6.) of this regulation”; and

(f) by omitting from sub-regulation (8.) the word “A” and inserting in its stead the words “Subject to the next succeeding regulation, a”;

(g) by inserting after sub-regulation (8.) the following sub-regulation:—

“(8A.) A person who telephones a message for transmission as a telegram or a lettergram under the provisions of this regulation from a subscriber’s telephone fitted with a Departmental coin attachment or from a public telephone that is authorized by the Department for that purpose shall

pay in advance the additional fees prescribed by this regulation for telephoning the message to a telegraph office and shall pay, before The calf is disconnected, the charge payable for the transmission of the message as a telegram or lettergram.”.

7. After regulation 75 of the Telegraph Regulations the following regulation is inserted:—

Payment for certain telegrams telephoned by holders or credit cards,

“75A.—(1.) Where a holder of a credit card or a person authorized by a holder of a credit card—

(a) telephones a message from the telephone of another person or from a public telephone to a telegraph office for transmission as a telegram; and

(b) at the time the message is telephoned, requests the officer at the telegraph office to whom the message is given to charge the telegram to the telephone account of the holder of the credit card and informs the officer of the number of the credit card,

the fee payable for the transmission of the message as a telegram or lettergram, an additional fee of Sixpence and, if a telephone trunk line is used for the purpose of telephoning the message, the fee ascertained in accordance with paragraph (b) of sub-regulation (5.) of the last preceding regulation are payable by the holder of the credit card and shall be charged to his telephone account.

“(2.) A person who telephones a message to a telegraph office for transmission as a telegram shall not request the officer at that telegraph office to charge the telegram to the telephone account of another person unless he is authorized by that other person to make the request.

Penalty: Twenty-five pounds.”.

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By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules of 1965, No. 42, were made under the Post and Telegraph Act 1901-1961 by the Governor-General, acting on the advice of the Federal Executive Council. These Regulations address the need to modernise and streamline the payment and delivery processes for telegrams, especially with the introduction of credit card payments and the adjustment of delivery zones. The regulations provide for the inclusion of credit card payments for telegrams, adjustments to the delivery zones, and methods of paying charges. The overarching policy objective is to ensure that the regulations facilitate a smoother and more efficient postal and telegraph service, accommodating contemporary payment methods while maintaining control over the use of credit cards for telegram charges.

Scope and Application

The Regulations under the Post and Telegraph Act 1901-1961 apply to various persons and entities involved in the transmission of telegrams and the use of credit cards for such services within the Commonwealth of Australia. These regulations are applicable to individuals who lodge telegrams at telegraph offices, including those who may use credit cards for payment, as well as to authorised persons who may request that telegrams be charged to the accounts of credit card holders. The regulations also extend to the holders of credit cards themselves and the entities managing these cards, such as the Department that issues them. The geographic scope of these regulations is limited to the Commonwealth, affecting all states and territories within Australia. There are no stated exclusions or exemptions in these regulations, but they do include specific provisions concerning the use of credit cards, the method of paying charges, and the delivery of telegrams. The regulations also permit the use of privately printed "collect" telegram forms, subject to certain conditions and approvals. Additionally, the application of these regulations may be extended or further defined through subordinate instruments, which could include further specifications on fees, authorised public telephones, or other operational details.

Key Provisions

The main provisions of these Regulations, which amend the Telegraph Regulations, include the definitions of new terms such as "credit card" and "telephone subscriber" (Regulation 1). They also address the method of paying for telegrams, stipulating that when a credit card is used, the fee is added to the telephone account of the card holder (Regulation 3). Furthermore, the Regulations provide for the delivery of telegrams within a specific radius from the office where they are made (Regulation 4). The Regulations also allow for the printing and issuance of "collect" telegram forms under certain conditions (Regulation 60a). Additionally, they set out the procedure for telephoning telegrams, including specifying the fee structure and conditions for telephoning telegrams during certain hours (Regulations 75 and 75A). These Regulations impose several obligations on the parties they govern. For example, they require that the fee for telegrams charged to a credit card be added to the telephone account of the card holder (Regulation 3(1C)). They also mandate that the number of a credit card should not be written on a telegram by someone who is not authorised by the card holder (Regulation 3(1D)). Furthermore, the Regulations require that telegrams be delivered within a certain radius from the office where they are made (Regulation 4). Additionally, they impose the requirement that a bank guarantee must be lodged with the Director-General of Posts and Telegraphs before any "collect" telegram forms can be printed and issued (Regulation 60a(2)). Breaching the provisions of these Regulations can result in various penalties and consequences. For instance, writing the number of another person's credit card on a telegram, or requesting that a telegram be charged to another person's telephone account without authorisation, can result in a penalty of Twenty-five pounds (Regulations 3(1D) and 75A(2)). Furthermore, failing to comply with the delivery requirements for telegrams, or not adhering to the conditions for printing and issuing "collect" telegram forms, could potentially lead to legal consequences. It is important to note that while the Regulations provide for penalties and consequences, the exact nature of these may depend on the specific circumstances of the breach and applicable law.

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