Telegraph Regulations (Amendment)

Overview

The Statutory Rules of 1948, No. 23, is a legislative instrument enacted under the authority of the Post and Telegraph Act 1901-1946, with the intent to amend the Telegraph Regulations. This regulation specifically addresses the procedures and charges associated with inquiries concerning telegrams and their rectification. Enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, this regulation aims to streamline the process for addressing errors in telegram transmissions while ensuring that the costs associated with these services are clearly defined and fairly charged. The regulation introduces a formalised method for parties involved in a telegram to request inquiries or repetitions of their messages, with explicit provisions for refunds in cases of transmission errors, and delineates the financial obligations involved in these processes.

Scope and Application

The Regulation under the Post and Telegraph Act 1901-1946 pertains to the procedures for inquiries concerning telegrams and the rectification of telegrams, replacing Regulation 42 of the Telegraph Regulations. This regulation applies to the sender or addressee of a telegram, or their authorised representatives, who seek to make inquiries or request a repetition of a telegram due to suspected errors or other concerns. The scope of this regulation is limited to the Commonwealth of Australia, as it is a federal instrument made under the authority of the Commonwealth Government. The charges for the paid service advices and the reply thereto are set at half the prescribed charge for an ordinary rate telegram of the same length between the relevant telegraph offices, with a refund provided if an error is detected in the original telegram. The regulation further outlines the conditions under which an undertaking must be given to pay the charges, distinguishing between written undertakings for non-subscribers and telephone requests for subscribers who will have charges included in their periodical telephone account. It also clarifies that refunds will not be issued for rectifying telegrams exchanged directly between the sender and addressee instead of through the paid service advice process.

Key Provisions

The primary operative section of this Statutory Rule is Regulation 42, which replaces a previous regulation and outlines the procedures for making inquiries about telegrams and requesting corrections. According to section 42(1), either the sender or the addressee of a telegram, or their authorised representative, can request a telegraphic inquiry about a telegram or ask for a repetition of the entire message or a portion of it through paid service advices. This regulation stipulates that the cost for such a service and its response will be half the standard charge for an ordinary telegram of the same length between the involved telegraph offices (section 42(2)). However, if a repetition uncovers an error in the original telegram, any money paid for the paid service advice or the reply will be refunded (section 42(2)). If an addressee requests a repetition to correct an error, they can have the entire or part of the telegram repeated if they provide a written undertaking to pay the charges, unless the request was made by a subscriber via telephone (section 42(3) and (4)). It is important to note that no refunds will be provided for any rectifying telegrams exchanged directly between the sender and addressee, bypassing the paid service advice system (section 42(5)). This Act imposes several obligations on the parties involved, primarily the sender and the addressee of telegrams. These parties, or their authorised representatives, must use paid service advices to make inquiries about telegrams or request corrections (section 42(1)). When requesting a repetition for error correction, the addressee must provide a written undertaking to pay the charges if they are not known to the postmaster or officer-in-charge, unless they are a subscriber who made the request by telephone (section 42(3) and (4)). Additionally, the charges for paid service advices and their replies are fixed at half the standard charge for an ordinary telegram of the same length between the involved telegraph offices (section 42(2)). The postmaster or officer-in-charge is responsible for ensuring that these processes are followed correctly, including the refund of any money paid if an error is found in the original telegram (section 42(2)). There are no specific offences, penalties, or civil or criminal consequences outlined in this Statutory Rule for breaches of the regulations. However, the regulation implies that failure to follow the prescribed procedures for making inquiries or requesting corrections could result in the non-refund of any paid service advices. It is important to note that any rectifying telegrams exchanged directly between the sender and addressee, bypassing the paid service advice system, will not be eligible for a refund (section 42(5)). The primary consequence of not adhering to the outlined procedures is the potential financial loss of any money paid for paid service advices and their replies, without the benefit of error correction or refund.