Telephone Regulations (Amendment)

Overview

The Statutory Rules of 1918, No. 4, is an amendment to the Telephone Regulations 1913 under the Post and Telegraph Act 1901-1916. Enacted by the Governor-General in Council, the regulation aims to address issues concerning ownership and maintenance costs of telephone instruments and apparatus connected to telephone exchanges. The policy objective is to ensure that all such equipment supplied by the Department remains the exclusive property of the Postmaster-General, while also establishing a mechanism for subscribers to compensate the Department for any destruction or damage to the equipment. This regulation provides clear guidelines for the replacement and repair costs to be borne by the subscribers, ensuring accountability and proper maintenance of the telecommunication infrastructure.

Scope and Application

The amended Regulation under the Post and Telegraph Act 1901-1916 pertains to all telephone instruments, batteries, and apparatus connected to any telephone exchange. These items are to be supplied at the cost of the Department and remain the exclusive property of the Postmaster-General. Upon termination of an agreement, the Postmaster-General is entitled to remove these items, with officers having free access to subscriber premises for inspection or removal purposes. The regulation mandates that subscribers compensate the Postmaster-General for the value of any destroyed items or the cost of repairing partially damaged items, regardless of whether the damage was due to the subscriber's negligence or other causes. A certificate signed by the Deputy Postmaster-General is considered prima facie evidence of the amount owed in court proceedings. This legislative instrument applies across the Commonwealth of Australia, with its provisions enforced uniformly under federal authority.

Key Provisions

The main operative sections of this amended regulation under the Post and Telegraph Act 1901-1916 are detailed in Regulation 17. Regulation 17(1) stipulates that all telephone instruments, batteries, and any apparatus that can be connected to a telephone exchange must be supplied at the Department’s expense and remain the exclusive property of the Postmaster-General. This regulation also provides that the Postmaster-General’s officers have the right to freely access a subscriber's premises for the purpose of inspecting or removing these items when necessary, particularly upon the termination of an agreement. Regulation 17(2) requires subscribers to compensate the Postmaster-General for the full value of any destroyed telephone instruments, batteries, or apparatus, including the costs associated with installing replacements. If the damage is partial, Regulation 17(2a) mandates that subscribers cover the repair and reinstatement costs. These financial obligations apply regardless of any negligence by the subscriber or the cause of the destruction or damage, as stated in Regulation 17(3). Furthermore, a certificate signed by the Deputy Postmaster-General, detailing the amount owed under Regulations 17(2) or 17(2a), is considered prima facie evidence in any court proceedings, as per Regulation 17(4). The obligations imposed on subscribers by these regulations are primarily financial and pertain to the maintenance and replacement of telephone equipment. Subscribers must ensure that any telephone instruments, batteries, or apparatus are maintained in good condition to avoid incurring repair costs. In the event of destruction or damage to this equipment, subscribers are required to pay for the replacement value or repair costs, regardless of whether the damage occurred due to negligence or other causes. Subscribers must also facilitate access to their premises for inspection or removal of the equipment by Postmaster-General’s officers. These obligations are clearly outlined in Regulations 17(2), 17(2a), and 17(3). Failure to comply with these regulations can lead to significant financial penalties. For instance, subscribers who do not pay the required compensation for destroyed or damaged equipment as stipulated in Regulations 17(2) and 17(2a) may face legal action. The amount payable is deemed prima facie evidence in court, simplifying the process for the Postmaster-General to recover costs. While the regulation does not explicitly detail criminal or civil consequences beyond financial penalties, non-compliance could potentially result in further legal ramifications, including court-ordered payments or additional fines. The specific maximum penalties are not stated within the text of the regulation itself, but they would be determined by the applicable laws and court decisions.