STATUTORY RULES.
1939. No. 130.
REGULATIONS UNDER THE POST AND TELEGRAPH ACT 1901-1934.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Post and Telegraph Act 1901-1934 to come into operation on and from the 1st November, 1939.
Dated this twenty seventh day of October, 1939.
Governor-General.
By His Excellency’s Command,
Postmaster-General.
Amendment of the Telephone Regulations.†
Rental within 2 mile radius.
Regulation 29 of the Telephone Regulations is amended by omitting sub-regulation (1) and inserting in its stead the following sub-regulation:—
“(1) The charges payable for each of the different classes of service specified shall be as follows:—
Subscribers connected to exchanges having access to the following number of subscribers’ lines at the unit fee. | Radius of network or unit fee area. | Annual rental within Two mile radius of the exchange— |
For an exclusive service. | For each subscriber or instrument on a two-party service. | For each subscriber or instrument on a three or more party service. |
| Miles. | £ | s. | d. | £ | s. | d. | £ | s. | d. |
From 1 to 300.............. | 5 | 3 | 0 | 0 | 2 | 10 | 0 | 2 | 0 | 0 |
„ 301 to 1,000........... | 5 | 3 | 5 | 0 | 2 | 10 | 0 | 2 | 0 | 0 |
„ 1,001 to 4,000.......... | 5 | 3 | 15 | 0 | 3 | 0 | 0 | 2 | 7 | 6 |
„ 4,001 to 10,000......... | 5 | 4 | 15 | 0 | 3 | 15 | 0 | 3 | 2 | 6 |
„ 4,001 to 10,000......... | 10 | 4 | 17 | 6 | 3 | 17 | 6 | 3 | 5 | 0 |
„ 10,001 and upwards...... | 10 | 5 | 7 | 6 | 4 | 5 | 0 | 3 | 12 | 6 |
„ 10,001 and upwards...... | 15 | 5 | 10 | 0 | 4 | 7 | 6 | 3 | 15 | 0 |
Provided that, in the case of an exclusive service which is connected to an exchange having access to more than 4,000 subscribers’ lines at the unit fee and is classified by the Department as a residence service, the annual rental specified in the above table shall be reduced by One pound.”
* Notified in the Commonwealth Gazette on , 1939.
† Statutory Rules 1927 No. 145, as amended by Statutory Rules 1928, No. 99; 1929, Nos. 122 and 133; 1930, Nos. 2, 7, 15, 54 and 112; 1931, Nos. 86 and 137; 1932, No. 16; 1933, Nos. 13, 14, 56, 64, 84 and 135; 1934, Nos. 30 and 114; 1935 Nos. 25, 26, 93, 96 and 121; 1936, No. 121; 1937, Nos. 14, 36 and 86; 1938, No. 4; and 1939, No. 34.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
5834.—8/3.10.1939.—Price 3d.
Overview
Statutory Rules 1939 No. 130, made under the Post and Telegraph Act 1901-1934, was enacted by the Governor-General in Council to amend the Telephone Regulations, specifically the rental charges within a two-mile radius of the exchange. This legislation aimed to adjust the annual rental rates for different classes of telephone services based on the number of subscribers’ lines at the unit fee. The objective was to provide a more nuanced fee structure that reflected the varying capacities and demands of telephone exchanges. The regulations came into operation on 1 November 1939, following notification in the Commonwealth Gazette.
Scope and Application
The Statutory Rules 1939 No. 130, made under the Post and Telegraph Act 1901-1934, provide for amendments to the Telephone Regulations concerning the rental charges for telephone services within a two-mile radius of an exchange. This legislative instrument applies to all subscribers connected to telephone exchanges across the Commonwealth of Australia. The regulations specifically address the annual rental fees for exclusive, two-party, and three or more party services, tiered based on the number of subscribers' lines at the unit fee. The amendments include adjustments to the rental rates according to the number of subscribers, and a reduction for exclusive residential services connected to exchanges with more than 4,000 subscribers. This regulation does not specify exclusions or exemptions but modifies the existing rates as outlined. The application of these regulations is governed by the overarching Post and Telegraph Act and any further specifics or extensions of application would be defined in subordinate instruments issued under that Act.
Key Provisions
The main operative section of this statutory rule is Regulation 29, which amends the Telephone Regulations under the Post and Telegraph Act 1901-1934. Regulation 29 specifically alters the rental charges for telephone services provided within a two-mile radius of a telephone exchange. This regulation replaces the previous sub-regulation (1) with a new table that lists the different classes of service and their corresponding annual rental fees, based on the number of subscribers' lines at the unit fee (section 29(1)). The new table includes categories for exclusive service, two-party service, and three or more party service, with fees varying according to the number of subscribers' lines at the unit fee, ranging from one to 300 up to 10,001 and upwards.
The obligations and requirements imposed by Regulation 29 pertain to the calculation and application of the new annual rental fees for telephone services within the specified two-mile radius. Service providers must adhere to the new fee structure outlined in the regulation, ensuring that customers are charged the correct amount based on the number of subscribers' lines at the unit fee and the type of service provided (section 29(1)). Furthermore, for exclusive services connected to an exchange with access to more than 4,000 subscribers' lines and classified as a residence service by the Department, the annual rental must be reduced by one pound (section 29(1), proviso).
Any breach of Regulation 29 could result in civil consequences for service providers, such as being required to reimburse customers for overcharged rental fees. Additionally, if the Department of Post and Telegraph discovers non-compliance with the new fee structure, it may take appropriate action to enforce adherence to the regulation. While the statutory rule does not explicitly state criminal or civil penalties for breach, penalties could be imposed under the overarching Post and Telegraph Act 1901-1934 or other relevant legislation, depending on the severity and intent of the breach.