Telephone Regulations 1913 (Amendment)

Overview

The Statutory Rules 1920, No. 15, represent an amendment to the existing regulations under the Post and Telegraph Act 1901–1916, with the intent to address the costs associated with the relocation of telephone services within the same network. This legislative instrument was enacted to ensure that subscribers bear the cost of labour and materials when their telephone services are moved to a different location within the network. This was achieved by amending Regulation 21 of the Telephone Regulations 1913, which specified the charges for such relocations, including the cost of labour, materials, and refitting of telephone apparatus. The objective of this regulation is to provide a clear and structured approach to charging subscribers for the relocation of their telephone services, ensuring that the costs are fairly distributed. The amendment was made by the Governor-General in Council, reflecting the formal process of legislative change in the early 20th century Australia.

Scope and Application

The amended Regulation under the Post and Telegraph Act 1901–1916 applies to subscribers who request the relocation of their telephone services within the same network. The Regulation pertains to the costs associated with the labour and materials required for the relocation, and it provides specific provisions for scenarios where the rental remains unchanged or is increased as a result of the move. The Regulation applies across the Commonwealth of Australia and is effective from the date of its announcement. The exclusions and conditions outlined ensure that subscribers are only charged for the actual costs incurred, with a fixed charge of Ten shillings plus refitting costs in cases where the block distribution system is in use. The Regulation extends its application through the amendment of existing statutory rules, ensuring that the provisions are applied uniformly across all subscribers affected by the relocation of their telephone services.

Key Provisions

The amended Regulation under the Post and Telegraph Act 1901–1916, specifically Regulation 21, governs the costs associated with moving a telephone service to a different address or position within the same network. Regulation 21(1)(a) mandates that if a subscriber requests to move their telephone service, they must cover the labour costs involved in the relocation. Furthermore, if the rental remains unchanged, the subscriber must also pay for the material used in wiring the premises, calculated from the first pole outside the subscriber’s premises. However, if the net value of the material recovered from the old premises, after deducting the labour cost of recovery, equals or exceeds the value of the new material required, this additional payment is not necessary. Conversely, if the net value of the recovered material is less than the value of the new material used, the subscriber must cover the difference in value, in addition to the labour cost of removal. An exception is made for cases where the block distribution system is in use, in which case the cost is fixed at ten shillings, plus the cost of refitting the instruments. If the relocation results in an increased rental, the subscriber must pay the actual cost of labour and the cost of refitting the telephone apparatus. The obligations imposed by these provisions are clear: subscribers must be prepared to pay for the costs associated with relocating their telephone service, including labour and materials, unless specific conditions regarding recovered materials and system types are met. The subscriber is required to ensure that all costs are settled as per the regulation, whether it be the full cost of new materials, the difference in material costs, or the fixed cost for certain systems. Additionally, subscribers must facilitate the refitting of their telephone apparatus if the relocation requires it. Breaches of these obligations could potentially lead to disputes or legal actions, as the subscriber’s failure to pay the stipulated costs could result in service disruptions or additional charges. While the regulation does not explicitly outline criminal or civil penalties for non-compliance, it is implied that failure to meet these financial obligations might lead to service disconnection or legal proceedings by the telecommunications provider to recover the due amounts. The exact nature and severity of these consequences would depend on the specific policies of the telecommunications provider and any additional contractual terms between the subscriber and the provider.