Telephone Regulations (Amendment)

Overview

The Statutory Rules 1914, No. 139, amends the Telephone Regulations 1913, which were enacted under the Post and Telegraph Act 1901-1913. This regulation was introduced to provide for the provision of temporary telephonic communication under specific conditions, thereby addressing a gap in the availability and affordability of temporary telephone services. The regulation was made by the Governor-General in accordance with the advice of the Federal Executive Council and came into operation immediately. The policy objective is to ensure that temporary telephone services are available for specific needs while managing costs effectively, with charges for temporary services being limited to labour, perishable materials, and special line construction, excluding the cost of instruments. Additionally, specific conditions apply for rates when using public telephone exchanges, with an exemption for Rifle Clubs when using telephones without exchange service.

Scope and Application

The amended Regulation 113 under the Post and Telegraph Act 1901-1913 applies to associations or persons seeking temporary telephonic communication services. This regulation sets out the conditions and costs associated with providing such services, which are to be borne by the requesting parties. The geographic reach of this legislation is national, as it pertains to the Commonwealth of Australia. The regulation delineates specific charges for temporary telephone services, including a flat fee for telephones not connected to an exchange and prescribed rates for those that are. A notable exemption is the waiver of the flat fee for temporary telephonic communication required by Rifle Clubs. The regulation further extends its application through the stipulation of costs, which include labour, perishable materials, and any special line construction but exclude the cost of instruments. This regulation thus serves to clarify and regulate the provision of temporary telephone services across the Commonwealth.

Key Provisions

The main operative sections of the Telephone Regulations 1913 (Statutory Rules 1913, No. 349) detail the conditions under which temporary telephonic communication can be provided by the Postmaster-General (Reg. 113). This regulation specifies that the cost of connecting and dismantling the telephone service, which includes labour, perishable materials, and any special line construction, must be borne by the associations or persons requiring the service. However, it is important to note that this cost does not include the expense of the telephone instruments themselves. Additionally, further charges are stipulated for the use of the telephone service, with a flat rate of 10 shillings per month for each set of telephones used if they are not connected to a public telephone exchange, up to a maximum of six months. Conversely, if the telephones are connected to a public exchange, the charges will be governed by the rates prescribed in Part IV or Part VI of these Regulations. It is also provided that Rifle Clubs are exempt from the charge mentioned in the first scenario. The obligations imposed by the Telephone Regulations 1913 are primarily financial in nature. Those requiring temporary telephonic communication must pay for the connection and dismantling costs as specified, and must also pay the stipulated monthly charges for the use of the telephone service, unless exempted. The regulations also impose an obligation on the Postmaster-General to provide the service under the outlined conditions. The Postmaster-General must ensure that the service is set up and removed as required by the users, and that the appropriate charges are applied and collected. The consequences for breaching the Telephone Regulations 1913 are not explicitly stated in the document, but typically, non-compliance with statutory regulations can lead to civil or criminal penalties. For example, failure to pay the stipulated charges could potentially result in legal action for non-payment, and the Postmaster-General could be liable for any damages resulting from the non-provision of the service. Additionally, if the breach involves fraudulent behaviour, such as falsely claiming exemption or providing false information to obtain the service, it could result in criminal charges. The exact nature and severity of the penalties would depend on the specifics of the breach and the relevant laws governing such actions.