Telephone Regulations 1913 (Amendment)

Overview

The Statutory Rules 1920, No. 213, enacted under the authority of the Governor-General in Council, amends the Telephone Regulations 1913 to address specific issues in the financial viability of extending telephone lines to certain subscribers. This regulation was introduced to address a gap where the Postmaster-General could not financially justify the erection of telephone lines in certain areas, potentially limiting communication services. The policy objective is to balance the financial constraints of the Postmaster-General with the need to extend telephone services to subscribers, allowing for shared responsibility where financially feasible. This regulation was issued to ensure that the Postmaster-General could manage resources effectively while still promoting the expansion of telephone services where justified.

Scope and Application

The Statutory Rules 1920, No. 213, made under the Post and Telegraph Act 1901-1916, specifically pertain to the amendment of the Telephone Regulations 1913. This regulation applies to individuals and entities seeking to connect to the telephone network, specifically in cases where the Postmaster-General determines that the financial justification for erecting a telephone line does not exist. The amendment allows for the possibility that the applicant may be required to erect the whole or part of the telephone line. The regulation operates on a national level, applying across the Commonwealth of Australia, as it is issued under the authority of the Governor-General acting on the advice of the Federal Executive Council. The regulation does not explicitly state any exclusions or exemptions; however, its application is subject to the financial assessment conducted by the Postmaster-General. The regulation may be further extended or restricted through subordinate instruments, as deemed necessary by the relevant authorities under the Post and Telegraph Act.

Key Provisions

The key operative sections of this regulation, specifically section 5, amend the Telephone Regulations 1913 by introducing a provision that allows for the requirement of subscribers to erect part or all of a telephone line if the Postmaster-General deems the financial justification for erecting the line insufficient (section 5(2)). This amendment adds flexibility to the regulatory framework governing telephone installations, allowing for a more nuanced approach to infrastructure development based on financial considerations. By permitting the applicant to erect part or all of the line, the regulation aims to balance the need for accessible telecommunications services with the financial realities of infrastructure provision. The amended regulation imposes certain obligations on the parties involved. The Postmaster-General is now required to assess the financial viability of erecting a telephone line before proceeding with installation. If the financial assessment indicates that erecting the line is not justified, the Postmaster-General must inform the applicant of this decision and may require the applicant to erect the whole or part of the line (section 5(2)). This places a duty on the Postmaster-General to conduct thorough financial assessments and communicate clearly with applicants regarding the necessity of their involvement in line erection. Additionally, applicants are obliged to comply with any requests to erect part or all of the line if such a requirement is imposed by the Postmaster-General. Breach of the provisions outlined in this regulation may result in certain consequences, although specific offences and penalties are not explicitly detailed in the text. Generally, under the Post and Telegraph Act 1901-1916, non-compliance with regulations may be subject to administrative action, including fines or other penalties as prescribed by the Act. The exact penalties would depend on the specific nature of the breach and could be determined by relevant authorities such as the Postmaster-General or other designated enforcement bodies. The regulation itself does not specify maximum penalties, leaving the determination of sanctions to the broader legislative framework under which it operates.