Telephone Regulations (Amendment)

Overview

The Statutory Rules 1933, No. 84, made under the Post and Telegraph Act 1901-1923, was enacted to introduce amendments to the existing telephone regulations. The Post and Telegraph Act itself was intended to provide a framework for the administration and regulation of postal and telegraph services within Australia. These statutory rules were introduced to address the need for updating the telephone regulations, ensuring they reflect contemporary practices and technological advancements in telecommunications. The enacting body was the Federal Executive Council, with the Governor-General's approval, and the policy objective was to provide subscribers with the convenience of arranging for telephone calls at specified times while maintaining clarity on the associated fees and the department's liability in case of any failures. This legislative instrument sought to streamline the process of making and scheduling telephone calls, thereby enhancing service efficiency and consumer satisfaction.

Scope and Application

The Regulation made under the Post and Telegraph Act 1901-1923 applies to subscribers who have their premises connected to a telephone exchange where the necessary facilities for call arrangement are available. The Regulation specifically introduces a provision allowing subscribers to arrange for telephone calls at specified times, subject to a fee of two unit fees for each call. Importantly, this Regulation also limits the liability of the Department, stating that no responsibility will be accepted for any damage resulting from a failure to call at the specified time. This legislative instrument extends to the Commonwealth jurisdiction and does not specify any exclusions, exemptions, or thresholds in the provided excerpt. The Regulation may be further extended or restricted through subordinate instruments, as permitted under the authority of the Post and Telegraph Act 1901-1923.

Key Provisions

The main operative sections of this legislation are found in the newly inserted regulation 87a. Regulation 87a(1) allows subscribers to arrange for a telephone call to be made to them at a specified time if their premises are connected to an exchange with the necessary facilities. Regulation 87a(2) specifies that a fee equal to two unit fees will be charged for each such call. Regulation 87a(3) states that the Department will not accept liability for any damages suffered by a subscriber due to a failure to call at the specified time. The obligations and requirements imposed by this legislation are primarily on the subscribers. Subscribers must ensure their premises are connected to an exchange with the necessary facilities in order to arrange for a specified time call (regulation 87a(1)). When arranging for such a call, subscribers must be aware that a fee equal to two unit fees will apply for each call (regulation 87a(2)). Additionally, subscribers should note that the Department will not accept any liability for damages resulting from a failure to call at the specified time (regulation 87a(3)). The legislation does not outline specific offences, penalties, or civil/criminal consequences for breach. However, the explicit disclaimer in regulation 87a(3) regarding the Department's lack of liability for damages due to a failed call implies that subscribers should not expect any recourse or compensation from the Department in such instances. This lack of liability could be seen as a form of consequence for subscribers who suffer damages due to a failed call.