Telephone Regulations (Amendment)

Overview

The Statutory Rules 1918, No. 287, issued under the Post and Telegraph Act 1901-1916, represents an amendment to the Telephone Regulations of 1913. Enacted by the Governor-General in Council, this regulation addresses the issue of subscribers cancelling trunk-line calls after being notified that the called number is connected. The policy objective of this legislative instrument is to ensure that subscribers who cancel such calls are charged a penalty of half the usual fee, thereby providing a measure of financial accountability and discouraging frivolous cancellations that could disrupt the postal and telegraph services. This regulation serves to maintain the integrity and efficiency of the communication services provided by the Commonwealth.

Scope and Application

The Statutory Rules 1918, No. 287, made under the Post and Telegraph Act 1901-1916, outlines an amendment to the Telephone Regulations, specifically targeting Regulation 53. This amendment pertains to subscribers who cancel trunk-line calls after being notified that the called number is connected, establishing that such cancellations will result in the call being cancelled and the subscriber being charged half the usual fee. The application of this regulation is nationwide, impacting all telephone subscribers within the Commonwealth of Australia who are subject to the terms and conditions set forth by the Postmaster-General. The regulation is inclusive of all subscribers making trunk-line calls, without explicit exclusions, thus applying broadly to all relevant telecommunications activities across the country. This amendment does not specify exemptions or thresholds but extends the existing regulatory framework to ensure clarity and fairness in billing practices for such call cancellations.

Key Provisions

The Post and Telegraph Act 1901-1916 is amended by Statutory Rules 1913, No. 349, with a specific focus on Regulation 53. This amendment, introduced by the Governor-General with the advice of the Federal Executive Council, adds a new sub-regulation (2a) to Regulation 53. This new provision states that if a subscriber cancels a trunk-line call after being notified that the called number is connected, the call will be cancelled and the subscriber will be charged half the usual fee for the call. This modification is designed to provide clarity and fairness in billing when subscribers cancel calls after the connection has been established. The obligations imposed by this regulation are primarily on the subscribers who use trunk-line services. Subscribers must be aware that once a call is connected, cancelling the call will result in a charge equivalent to half of the usual fee for that call. This requirement ensures that subscribers are informed of the consequences of cancelling a call post-connection, and it holds them accountable for the charges incurred. Failure to adhere to the provisions of this regulation could result in disputes over billing and potential legal ramifications. While the regulation itself does not explicitly outline penalties for breach, it implies that any subscriber who cancels a call after connection will be liable for the half fee. This could be pursued in civil courts if there are disputes over charges. Additionally, any associated conduct that may involve fraud or intentional misrepresentation could attract further scrutiny and penalties under other applicable laws.