Telephone Regulations (Amendment)

Overview

The Statutory Rules 1915, No. 170, enacted under the authority of the Post and Telegraph Act 1901-1913, were introduced to amend existing regulations concerning telephone services, particularly addressing the financial arrangements for the use of poles by subscribers. This legislative instrument was made by Sir Arthur Stanley, who was acting as the Deputy for the Governor-General in accordance with the Constitution, with advice from the Federal Executive Council. The amendment to sub-regulation (4) of Regulation 102 sought to adjust the financial obligations of telephone subscribers by altering the rental charge for the use of poles on which telephone wires are erected, and also setting a new rate for metallic circuits. The intent behind this amendment was to ensure that the Postmaster-General was compensated appropriately for the infrastructure supporting telephone services, thereby maintaining the integrity and efficiency of the telecommunications network.

Scope and Application

The amended Regulation under the Post and Telegraph Act 1901-1913 applies to subscribers who utilise the postal and telegraph services provided by the Commonwealth of Australia. This includes any individuals or entities that install telephone wires and circuits on poles erected by the Postmaster-General. The regulation specifically pertains to the rental charges for the use of these poles and the metallic circuits, establishing a fee of 5 shillings per annum for each mile of wire or portion thereof, and 10 shillings per annum per mile for metallic circuits. The geographic and jurisdictional reach of these regulations is national, as they are enacted under the authority of the Commonwealth of Australia. There are no stated exclusions or exemptions within the text, implying that the fees apply universally to all subscribers within the defined scope. The application of the regulation may be further extended or restricted through subordinate instruments as deemed necessary by the Federal Executive Council.

Key Provisions

The amended Regulation under the Post and Telegraph Act 1901-1913, specifically Regulation 102, outlines the new rental rates for subscribers using poles and metallic circuits for their telephone wires. Sub-regulation (4) has been repealed and replaced with a provision that requires subscribers to pay a rental fee to the Postmaster-General. The fee is set at 5 shillings per annum for each mile of wire or portion thereof, for the use of poles on which the wire is erected. Additionally, subscribers must pay 10 shillings per annum for each mile of metallic circuit under the same conditions (Reg. 102(4)). The obligation imposed by this Act falls on the subscribers who are using the poles or metallic circuits for their telephone lines. They must ensure they pay the prescribed rental fees to the Postmaster-General. This includes calculating the total length of their wire or metallic circuit and multiplying it by the appropriate rental rate. Failure to pay these fees within the stipulated period may result in further actions being taken against the subscriber. The Regulation does not explicitly state any offences or penalties for non-payment of the rental fees. However, it is reasonable to infer that non-compliance could lead to legal consequences. Given the context of the original Act and common practices of the time, non-payment might result in disconnection of services or legal action to recover the owed fees. While the exact penalties are not detailed in the Regulation itself, they could potentially include fines or other civil remedies under the broader Post and Telegraph Act 1901-1913.