STATUTORY RULES.
1949. No. 91.
REGULATIONS UNDER THE POST AND TELEGRAPH ACT 1901-1946.*
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 1901-1946.
Dated this seventeenth day of November, 1949.
W. J. McKELL
Governor-General.
By His Excellency’s Command,
D. CAMERON
Postmaster-General.
Amendments of the Telegraph Regulations.†
What constitutes code.
1. Regulation 23 of the Telegraph Regulations is amended by adding at the end thereof the following sub-regulation:—
“(2) Combinations or alterations of words contrary to the usage of the language, and combinations of letters such as FOB, CIFE, OK, AM, PM, AIF, RAAF, HMS and HMAS, shall be treated as code.”.
Repeal of regulations 35 and 36.
2. Regulations 35 and 36 of the Telegraph Regulations are repealed.
Telephoning of telegrams by subscribers.
3. Regulation 75 of the Telegraph Regulations is amended by omitting sub-paragraph (i) of paragraph (b) of sub-regulation (5) and inserting in its stead the following sub-paragraph:—
“(i) a fee of Twopence; and”.
* Notified in the Commonwealth Gazette on 24th November, 1949.
† Statutory Rules 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. 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; 1942, No. 550; 1943, Nos. 215 and 242; 1944, No. 91; 1945, No. 10; 1946, No. 139; 1948, No. 23; and 1949, No. 19.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
4392.—Price 3d.
Overview
The Statutory Rules 1949, No. 91, Regulations Under the Post and Telegraph Act 1901-1946, were enacted by the Governor-General in Council to address certain administrative aspects of telegraphic communications. These regulations, introduced under the authority of the Post and Telegraph Act 1901-1946, seek to update and streamline the regulatory framework governing telegraphic services provided by the Commonwealth. The policy objective of these regulations is to ensure the efficient and effective operation of telegraph services, including the clarification of what constitutes code for the purposes of communication, and to adjust certain fees associated with these services. This legislative instrument was designed to bring clarity and modernisation to the existing telegraph regulations, thereby improving the administration of telegraphic services within Australia.
Scope and Application
The Post and Telegraph Act 1901-1946, through the regulations set out in Statutory Rules 1949, No. 91, primarily governs the operations and services provided by the Commonwealth of Australia's postal and telegraph systems. These regulations apply to the entities and individuals involved in the transmission of telegraphic messages, including subscribers and operators of the telegraph service. The regulations delineate specific conduct and transactions related to the telegraph service, such as the fees for telephoning of telegrams by subscribers and the treatment of certain combinations of words or letters as code. The geographic reach of these regulations is nationwide, as they apply across the Commonwealth. The regulations do not explicitly state any exclusions or exemptions, but they do specify thresholds and fees for particular services. The application of these regulations can be extended or restricted through subordinate instruments, as evidenced by the amendments and repeals noted in the statutory rules.
Key Provisions
The primary operative sections of this legislative instrument pertain to the Telegraph Regulations under the Post and Telegraph Act 1901-1946. Regulation 23(2) is amended to clarify that certain combinations or alterations of words and specific combinations of letters such as "FOB", "CIFE", "OK", "AM", "PM", "AIF", "RAAF", "HMS" and "HMAS" will be treated as code. This ensures that such combinations are subject to the same regulations as any other coded messages. Additionally, Regulations 35 and 36 are repealed, thereby removing outdated provisions that are no longer relevant. Regulation 75(5)(i) is also amended to specify a fee of two pence for subscribers telephoning telegrams, replacing the previously omitted sub-paragraph (i).
These regulations impose obligations on the parties and entities governed by them, particularly those involved in the transmission and receipt of telegrams. The definition of what constitutes code in Regulation 23(2) means that any telegram containing specified combinations of letters or alterations of words must be treated as if it were coded. This may require additional handling or verification processes. The repeal of Regulations 35 and 36 removes any previous obligations associated with those provisions, thereby streamlining the regulatory framework. The amendment to Regulation 75(5)(i) imposes a financial obligation on subscribers who use the telephone service to retrieve their telegrams, requiring them to pay a fee of two pence for each such instance.
Failure to comply with these regulations can result in various consequences, although specific penalties or consequences are not explicitly stated within the regulations themselves. Generally, under the Post and Telegraph Act, breaches of the regulations may be subject to penalties as outlined in the Act. Such penalties could include fines, administrative actions, or other civil or criminal sanctions as deemed appropriate by the relevant authorities. The specific maximum penalties would be determined by the broader legislative context and any applicable laws in force at the time of any alleged breach.