Telephone Regulations (Amendment)

Overview

The Post and Telegraph Act 1901-1916 was enacted to address the need for regulation and standardisation of postal and telegraph services across Australia. This legislative instrument, specifically Statutory Rules 1917 No. 126, amends the Telephone Regulations 1913 to enhance the control and responsibility of the Postmaster-General over telephone apparatus. The regulation aims to ensure that telephone instruments, batteries, and any apparatus connected to telephone exchanges are supplied at the cost of the Department and remain the exclusive property of the Postalmaster-General. The policy objective is to maintain the integrity and security of the telecommunications infrastructure, allowing the Postmaster-General to remove and inspect the apparatus as needed, while also placing the financial responsibility on the subscriber in the event of damage to the apparatus. This was enacted by the Governor of the State of Victoria and its Dependencies in the Commonwealth of Australia, acting as the Deputy of the Governor-General, in accordance with the provisions of the Constitution and with the advice of the Federal Executive Council.

Scope and Application

The amended Regulation under the Post and Telegraph Act 1901-1916 governs the supply, ownership, and maintenance of telephone instruments, batteries, and apparatus connected with telephone exchanges within the jurisdiction. This legislation applies to all telephone instruments, batteries, and apparatus connected to any telephone exchange, establishing the Postalmaster-General as the sole owner of such equipment. The Regulation mandates that these items are to be supplied at the Department's cost and remain the exclusive property of the Postalmaster-General. The Regulation also stipulates that the Postalmaster-General’s officers have the authority to access subscribers' premises for inspection or to remove the equipment upon the termination of an agreement. In cases where such equipment is destroyed or damaged due to reasons other than fair wear and tear, subscribers are obligated to compensate the Postmaster-General for the value of the equipment or the extent of the damage, regardless of whether negligence or an act or default by the subscriber is involved. This regulation is a Commonwealth instrument, extending its reach across the entire nation, and it supersedes previous regulations such as the Telephone Regulations 1913.

Key Provisions

The main operative sections of the amended Regulation under the Post and Telegraph Act 1901-1916 (C1917L00126) revolve around the ownership and maintenance of telephone instruments and apparatus. Regulation 17 stipulates that all telephone instruments, batteries, and any apparatus connected to a telephone exchange must be supplied at the Department’s cost and become the exclusive property of the Postalmaster-General (section 17(1)). This regulation also provides that the Postalmaster-General's officers can access subscribers' premises to inspect or remove these items, especially upon the termination of an agreement (section 17(1)). Furthermore, section 17(2) and 17(3) detail that subscribers are liable for the replacement or repair costs of any destroyed or damaged equipment, excluding cases of fair wear and tear, irrespective of whether the subscriber was negligent or the damage arose from causes beyond their control. The obligations and requirements imposed by this regulation are clear and comprehensive. Subscribers must ensure that any telephone equipment on their premises is maintained in good condition, excluding normal wear and tear. If any damage or destruction occurs, subscribers are obligated to compensate the Postalmaster-General for the replacement cost or the repair amount, as stipulated in section 17(2). The regulation also mandates that subscribers allow Postalmaster-General's officers unrestricted access to their premises for the purposes of inspecting or removing the equipment as necessary (section 17(1)). The amended regulation includes specific consequences for non-compliance with its provisions. While the regulation does not explicitly detail offences or penalties, the obligation to pay for damaged or destroyed equipment, as described in section 17(2), implies a financial consequence for subscribers who fail to adhere to these requirements. The regulation does not specify the maximum penalties or any additional civil or criminal consequences for breach. However, the requirement to compensate the Postalmaster-General for damaged or destroyed equipment effectively serves as a deterrent against non-compliance, ensuring that subscribers uphold their obligations under the regulation.