Telephone Regulations (Amendment)

Overview

The Statutory Rules 1967 No. 88, made under the Post and Telegraph Act 1901-1966, amends the Telephone Regulations to address the need for updating the criteria for eligibility of reduced telephone rental rates. Enacted by the Governor-General, with advice from the Federal Executive Council, these regulations aim to align the definitions of "pensioner" and "prescribed person" with the current provisions of the Social Services Act 1947-1967. The policy objective is to ensure that the eligibility criteria for reduced telephone rental rates are consistent with the social security provisions in place at the time of the regulation's enactment, thereby providing appropriate support to eligible individuals. The regulations also provide a mechanism for individuals who were receiving a sheltered employment allowance before the amendment to apply for reduced rental rates retroactively, ensuring they are not disadvantaged by the changes. These regulations were necessary to maintain the integrity and relevance of the eligibility criteria for reduced telephone rental rates, reflecting the evolving social security landscape. By amending the definitions and providing a specific application process for those already receiving certain allowances, the regulations aim to uphold the principle of equitable access to essential communication services for eligible individuals.

Scope and Application

The Statutory Rules 1967 No. 88 under the Post and Telegraph Act 1901-1966 amends the Telephone Regulations to redefine the eligibility criteria for a pensioner and a prescribed person for the purposes of receiving reduced telephone rental rates. The amended definition of "pensioner" includes those receiving an age or invalid pension, a widow’s pension, or a sheltered employment allowance under the Social Services Act 1947-1967, and extends the definition of "pension" to include allowances. The definition of "prescribed person" is amended to include those with an annual income not exceeding the sum specified in the Social Services Act 1947-1967. The regulation applies to individuals who are subscribers to a telephone service, eligible for reduced rental, and ordinarily resident in the premises where the service is installed. These amendments have a Commonwealth reach and are applicable nationally. The regulations do not explicitly state any exclusions or thresholds, but they do provide for the application of the amendment to be treated as if it had been made on the date of commencement of these Regulations or a later date for eligible applicants within twelve months of commencement.

Key Provisions

The Statutory Rules 1967 No. 88 under the Post and Telegraph Act 1901-1966 amend the Telephone Regulations in several significant ways. Firstly, the definition of "pensioner" in sub-regulation (1) of Regulation 29 is updated to include individuals receiving an age or invalid pension under Part III of the Social Services Act 1947-1967, a widow's pension under Part IV of that Act, or a sheltered employment allowance under Part VIIa of that Act (Regulation 1(a)). This amendment broadens the categories of individuals eligible for reduced telephone rental rates. Additionally, the definition of "pensioner" now explicitly includes "or an allowance" in paragraph (aa) (Regulation 1(b)). Furthermore, the definition of "prescribed person" in sub-regulation (1) is revised to include those with an annual income not exceeding a specified amount under section 28 of the Social Services Act 1947-1967 (Regulation 1(c)). These amendments impose specific obligations on eligible individuals and the telecommunications provider. Eligible individuals must ensure they meet the criteria for reduced rental rates, such as continuous subscription to the telephone service, eligibility for reduced rental, and ordinary residence in the premises where the service is installed (Regulation 2). They must also apply for the reduced rental within twelve months of the regulations' commencement or a later date if they have been continuously eligible and resident (Regulation 2(a)). The telecommunications provider, in turn, is required to process these applications and treat them as if they were made on the date of commencement or a later date if the conditions are met (Regulation 2(b)). Failure to comply with these regulations may result in penalties or legal consequences. While the specific penalties are not detailed in the regulations, breaches of telecommunications regulations typically result in fines or other penalties as stipulated by relevant Australian laws. The amendments aim to ensure that eligible individuals receive the appropriate reductions in telephone rental rates, thereby providing them with a cost benefit in line with their financial circumstances.