Telephone Regulations (Amendment)

Overview

The Statutory Rules 1933 No. 14 represents a regulation under the Post and Telegraph Act 1901-1923, introduced to address a specific issue within the operations of the Commonwealth's telephone services. Enacted by the Deputy of the Governor-General, acting on the advice of the Federal Executive Council, this legislative instrument sought to rectify a gap in the existing regulations concerning the maintenance and unauthorised cleaning of telephone equipment. This regulation was intended to prevent unauthorised individuals from cleaning telephone mouthpieces or earpieces, which could compromise the integrity and functionality of the telephone service, while also ensuring that such activities were conducted under the proper oversight of the Department. The regulation introduced a new penalty for those who engage in the unauthorised cleaning of telephone equipment for a fee or reward, establishing a clear deterrent against such practices. By inserting a new regulation, 17a, into the existing framework, the regulation underscores a policy objective to maintain the quality and reliability of the Commonwealth's telephone services, ensuring they remain in good working order and are only serviced by authorised personnel.

Scope and Application

This statutory regulation made under the Post and Telegraph Act 1901-1923, applies to any person who is neither a subscriber nor an employee of a subscriber, effectively prohibiting unauthorised individuals from cleansing the mouth or earpiece of any Commonwealth-owned telephone for a fee or reward. The regulation is intended to maintain the integrity and proper functioning of Commonwealth-owned telephone equipment and to prevent unauthorised interference. The geographic reach of this regulation is nationwide, encompassing the entire Commonwealth of Australia, thereby ensuring a uniform standard for the maintenance of telephone equipment across the country. There are no stated exclusions, exemptions, or thresholds in this regulation. However, it is important to note that the application of the regulation may be extended or restricted through subordinate instruments, which could further define or limit the scope of the offence and associated penalties. This regulation comes into operation immediately upon its promulgation, highlighting the urgency and significance of maintaining the security and proper use of Commonwealth-owned telephone equipment.

Key Provisions

The main operative sections of the Statutory Rules 1933 No. 14, which are made under the Post and Telegraph Act 1901-1923, include the amendment of the existing Telephone Regulations, specifically inserting a new regulation (17a) that addresses the unauthorized cleansing of telephones. Regulation 17a (section 1) states that any individual who is not the subscriber or an employee of the subscriber must not cleanse, without prior permission from the Department, the mouth or earpiece of any telephone owned by the Commonwealth for any fee or reward. This regulation aims to ensure that only authorized personnel handle and maintain Commonwealth-owned telephone equipment. The Act imposes specific obligations and requirements on individuals and entities governed by these provisions. Firstly, it mandates that any person intending to clean or maintain a Commonwealth-owned telephone must obtain explicit permission from the Department. This ensures that only qualified and authorized individuals perform such tasks, maintaining the integrity and functionality of the telephone equipment. Additionally, the Act holds subscribers accountable for any unauthorized activities involving their telephones, emphasizing the importance of adhering to these regulations to avoid legal repercussions. Failing to comply with these regulations can result in civil and criminal consequences. Specifically, under Regulation 17a, any individual who cleanses a Commonwealth-owned telephone without permission commits an offence. The penalty for such an offence is a fine of ten pounds, as stated in the statutory rules. This penalty serves as a deterrent against unauthorized activities and ensures that only authorized personnel handle government-owned telephone equipment, thereby maintaining the quality and security of the telecommunications infrastructure.