Telephone Regulations 1913 (Amendment)

Overview

The Statutory Rules 1919 No. 146, titled "Regulations Under the Post and Telegraph Act 1901-1916," were enacted to introduce amendments to the existing Telephone Regulations of 1913. This legislative instrument was made under the authority of the Governor-General in Council, acting on the advice of the Federal Executive Council, and came into effect immediately upon its creation. The primary purpose of these regulations was to address issues related to the management and enforcement of telephone services, ensuring that applicants for such services meet certain financial obligations and that defaulters are appropriately dealt with to maintain the integrity of the postal and telegraph services provided by the Commonwealth. The policy objective is to streamline the process of granting telephone services and to enforce compliance with financial liabilities to the Postmaster-General’s Department.

Scope and Application

The Regulations under the Post and Telegraph Act 1901-1916, specifically the Amendment of Telephone Regulations 1913, apply to any individual or entity seeking to obtain a telephone service from the Postmaster-General’s Department. This includes both new applicants and existing subscribers who may have outstanding liabilities or have defaulted on previous services. The regulations apply nationally within the Commonwealth of Australia, impacting all persons and entities interacting with the Postmaster-General’s Department’s telephone services. The regulations mandate that any applicant under liability to the Department must have their debt settled and provide satisfactory security before service can be granted. For existing subscribers, if the Deputy Postmaster-General is satisfied that a service is being obtained by a defaulter, the service can be disconnected without notice, and any surplus rent applied to the outstanding liability. The regulations do not specify any exclusions or exemptions, thus broadly applying to all cases of liability or defaulter status. The scope of these regulations is extended through subordinate instruments, which may further detail specific procedures or criteria for the Deputy Postmaster-General's actions.

Key Provisions

The Regulations Under the Post and Telegraph Act 1901-1916 introduce two key provisions affecting telephone services. Regulation 2a (1) stipulates that if an applicant for a telephone service owes any outstanding liabilities to the Postmaster-General’s Department, the Deputy Postmaster-General has the authority to deny the application until these liabilities are settled. Furthermore, the applicant must provide satisfactory security to ensure future charges will be paid. This measure is intended to ensure that the Department is not left unpaid for services rendered and that future services will be financially secure. Regulation 15b (2), on the other hand, empowers the Deputy Postmaster-General to take action against individuals who have defaulted on a previous service. If it is determined that such an individual is using a telephone service under their own name or otherwise, the Deputy Postmaster-General can disconnect the service without prior notice, cancel the agreement, remove the individual’s name from the subscriber list, and order the removal of all associated wires, instruments, and fittings. Any surplus rent paid in relation to the service can be applied towards the individual’s outstanding debt to the Department. These regulations impose specific obligations on both applicants for telephone services and existing subscribers. For applicants, the primary obligation is to settle any existing liabilities with the Postmaster-General’s Department before being granted a new service. Additionally, they must furnish adequate security to guarantee future payments. For existing subscribers, the obligation is to ensure that they do not default on any service, as doing so can result in the severe consequences outlined in Regulation 15b. This includes the potential disconnection of services, cancellation of agreements, and removal from the subscriber list, along with the possible requirement to remove all associated equipment. Failure to comply with these regulations can result in significant consequences. For applicants who do not settle their existing liabilities or provide the required security, their application for a new telephone service will be refused. For existing subscribers who default on their services, the Deputy Postmaster-General has the authority to disconnect their service without notice, cancel their agreement, and remove their name from the subscriber list. Additionally, they may be required to remove all wires, instruments, and fittings associated with the service. The regulations do not specify monetary penalties for these breaches, but the potential loss of service and the requirement to settle outstanding debts highlight the seriousness of non-compliance.