Telephone Regulations (Amendment)

Legislation au C1965L00014 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1965. No. 14

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REGULATIONS UNDER THE POST AND TELEGRAPH ACT 1901-1961.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Post and Telegraph Act 1901-1961.

Dated this twenty-eighth day of January, 1965

DE L’ISLE

Governor-General.

By His Excellency’s Command,

Alan Hulme

Postmaster-General.

———

Amendments of the Telephone Regulations†

Commencement.

1. These Regulations shall be deemed to have come into operation on the first day of October, 1964.

Rate of rental.

2.—(1.) Regulation 29 of the Telephone Regulations is amended—

(a) by adding at the end of sub-regulation (1.) the following definitions:—

“‘member of the Forces’ means a member of the Forces as defined in any provision of the Repatriation Act 1920-1964, the Repatriation (Far East Strategic Reserve) Act 1956-1964 or the Repatriation (Special Overseas Service) Act 1962-1964 or a member of the Interim Forces as defined in the Interim Forces Benefits Act 1947-1964;

“‘pensioner’ means a person who is in receipt of, or is entitled to—

(a) an age or invalid pension under Part III. of the Social Services Act 1947-1964 or a widow’s pension under Part IV. of that Act;

(b) a service pension, or a pension in respect of total and permanent incapacity, under the Repatriation Act 1920-1964 or a pension under the Native Members of the Forces Benefits Act 1957 that corresponds with such a pension; or

* Notified in the Commonwealth Gazette on 4 February, 1965

† Statutory Rules 1927, No. 145, as amended to date. For previous amendments of the Telephone Regulations see footnote † to Statutory Rules 1965, No. 11 and see also Statutory Rules 1965, No. 11.

15430/64—Price 9d 10/15.12.1964.

(c) a pension in respect of total and permanent incapacity under the Repatriation (Far East Strategic Reserve) Act 1956-1964 or under the Repatriation (Special Overseas Service) Act 1962-1964.

but does not include a war widow pensioner;

“‘person eligible for reduced rental’ means a person who—

(a) is a pensioner (other than a pensioner who is permanently blind) and lives alone or lives with another person who, or with other persons each of whom, is a prescribed person;

(b) is a war widow pensioner; or

“‘prescribed person’ means a person—

(a) who is a pensioner;

(b) who is a war widow pensioner;

(d) whose annual rate of income does not exceed an amount per annum equal to the sum of the amount specified in paragraph (a) of sub-section (1a.) of section 28 of the Social Services Act 1947-1964 and the amount specified in sub-section (2.) of that section;

“‘war widow pensioner’ means a person who is in receipt of, or is entitled to—

(a) a pension, in accordance with Table A in the Third Schedule to the Repatriation Act 19201964, that is payable under that Act, the Repatriation (Far East Strategic Reserve) Act 1956-1964 or the Repatriation (Special Overseas Service) Act 1962-1964 by reason of the person being the widow of a deceased member of the Forces or having been recognized as the wife of a deceased member of the Forces, though not legally married to him; or

(b) a pension under the Native Members of the Forces Benefits Act 1957 that corresponds with such a pension”;

(b) by omitting from sub-regulation (2.) the words “the next succeeding sub-regulation” and inserting in their stead the words “this regulation”; and

“(4.) Where the subscriber to, or an applicant for, a telephone service that is installed, or is to be installed, in premises in which he is ordinarily resident is a person eligible for reduced rental, he may make application to an officer of the Department, in such form as the Director-General determines, for reduced rental in respect of the service or proposed service.

“(5.) The application of a person referred to in paragraph (a) of the definition of ‘person eligible for reduced rental’ in sub-regulation (1.) of this regulation shall include—

(a) a statement that he lives alone;

(b) a statement that he lives with another person who is a prescribed person; or

“(6.) Where a person who is not a pensioner makes application under sub-regulation (4.) of this regulation on the ground that he is permanently blind, an officer of the Department may require the person to furnish to the officer a certificate of a duly qualified medical practitioner that the person is permanently blind, and the application shall be deemed not to have been made until the certificate has been so furnished.

“(7.) Where a person eligible for reduced rental has made application under sub-regulation (4.) of this regulation in respect of a telephone service or a proposed telephone service, the rental payable by him for the service in respect of the period commencing at the time when the application is made or the service is installed (whichever last occurs) and ending at the time when—

(a) he ceases to be the subscriber to the service;

(b) he ceases to be a person eligible for reduced rental; or

shall be at an annual rate equal to two-thirds of the annual rate that, but for this sub-regulation, would be payable for the service.

“(8.)An officer of the Department may, in special circumstances, direct that an application under sub-regulation (4.) of this regulation shall be treated as if it had been made at a time earlier than the time when it was made, being a time not earlier than three months before the time when it was made.

“(9.) A person shall not knowingly make a false or misleading statement in an application under sub-regulation (4.) of this regulation.

Penalty: Twenty-five pounds.

“(10.) If a person who has made application under sub-regulation (4.) of this regulation in respect of a telephone service or a proposed telephone service—

(a) ceases to be a person eligible for reduced rental; or

(b) ceases to be ordinarily resident in the premises in which the service is installed,

he shall, within fourteen days after so ceasing, give notice in writing to the Director-General, or to a Director, that he has so ceased.

Penalty: Twenty-five pounds.”.

(2.) Where—

(a) before the first day of October, 1965, a person makes application for reduced rental in respect of a telephone service under sub-regulation (4.) of regulation 29 of the Telephone Regulations as amended by these Regulations; and

(b) the person has, since the first day of October, 1964, or a date later than that date, been continuously—

(i) the subscriber to the telephone service;

(ii) a person eligible for reduced rental; and

(iii) ordinarily resident in the premises in which the service is installed.

the application shall be treated as if it had been made on the first day of October, 1964, or on that later date, as the case may be.

3. Regulation 39 of the Telephone Regulations is amended by adding Rentals, at the end thereof the following sub-regulation:—

“(2.) Where—

(a) a person has paid in advance rental for a period in respect of a telephone service or apparatus; and

(b) the amount paid in advance is greater than, or is less than, the amount of rental payable for that period.”.

the person is entitled to repayment of, or is liable to pay to the Commonwealth, as the case may be, an amount equal to the difference between the amount paid in advance and the amount of rental so payable.”.

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By Authority: A. J. Arthur. Commonwealth Government Printer, Canberra.

Overview

The Post and Telegraph Act 1901-1961 was amended in 1965 to introduce Statutory Rules No. 14, which established regulations under the act. These regulations, which came into operation on 1 October 1964, aimed to address the need for updated provisions related to telephone services, particularly concerning the rental rates and eligibility for reduced rates. The enactment of these regulations was authorised by the Governor-General in accordance with the Federal Executive Council's advice. The policy objective behind these amendments was to ensure fair and equitable access to telephone services for eligible persons, including pensioners, war widows, and those who are permanently blind, by providing them with reduced rental rates. The regulations introduced specific definitions to clarify the eligibility criteria for reduced rental rates, including detailed definitions for "member of the Forces", "pensioner", "person eligible for reduced rental", "prescribed person", and "war widow pensioner". The regulations also outlined the process for applying for reduced rental rates and the consequences of making false or misleading statements in an application. Additionally, the regulations addressed the repayment of overpaid or underpaid rental amounts for telephone services. These changes were intended to streamline the application process and provide clarity on the eligibility and application requirements for reduced telephone rental rates.

Scope and Application

The Statutory Rules 1965, No. 14, which are Regulations under the Post and Telegraph Act 1901-1961, provide detailed amendments to the Telephone Regulations, which came into effect on October 1, 1964. These Regulations apply to individuals and entities seeking to subscribe to or apply for telephone services, specifically focusing on those eligible for reduced rental rates. The scope of the Regulations includes persons eligible for reduced rental, which encompasses pensioners (excluding those who are permanently blind), war widow pensioners, and those who are permanently blind. Additionally, it includes those living with prescribed persons who meet certain income criteria. The Regulations also impose obligations and penalties for false applications and require notifications upon ceasing to be eligible for reduced rental or ceasing to reside in the premises where the telephone service is installed. These Regulations have a national reach, applying across the Commonwealth of Australia, and extend their application through subordinate instruments as necessary.

Key Provisions

The main operative sections of these Regulations under the Post and Telegraph Act 1901-1961 amend the Telephone Regulations by introducing new definitions and provisions concerning reduced rental eligibility for certain categories of individuals. Section 2 amends Regulation 29 by adding definitions for terms such as "member of the Forces," "pensioner," "person eligible for reduced rental," "prescribed person," and "war widow pensioner" (subsection 2(1)). It also adds sub-regulations that allow eligible persons to apply for reduced rental (subsection 2(4)), require specific statements in applications (subsection 2(5)), allow for reduced rental to be set at two-thirds of the standard rate (subsection 2(7)), and mandate the provision of medical certificates for claims of permanent blindness (subsection 2(6)). Section 2 further specifies the conditions under which applications may be treated as if they were made earlier (subsection 2(8)), imposes penalties for false statements in applications (subsection 2(9)), and requires individuals who cease to be eligible for reduced rental or cease to reside in the premises to notify the Director-General within 14 days (subsection 2(10)). Section 3 amends Regulation 39 to address repayments or additional payments of rental where the amount paid in advance differs from the amount due (subsection 3(2)). These Regulations impose several obligations on the parties they govern. Eligible individuals must apply for reduced rental in the prescribed form and include specific statements about their living arrangements (subsection 2(4) and (5)). They must also notify the Director-General if they cease to be eligible for reduced rental or if they cease to reside in the premises where the telephone service is installed (subsection 2(10)). Additionally, the Department of Posts and Telegraphs is obligated to consider applications for reduced rental and to process any necessary repayments or additional payments if the advance rental amount differs from the amount due (subsection 3(2)). The Regulations establish specific offences and penalties for breaches. A significant penalty of twenty-five pounds applies for knowingly making a false or misleading statement in an application for reduced rental (subsection 2(9)). Similarly, a penalty of twenty-five pounds is imposed for failure to notify the Director-General within fourteen days of ceasing to be eligible for reduced rental or ceasing to reside in the premises where the telephone service is installed (subsection 2(10)). These penalties serve as a deterrent against non-compliance with the application and notification requirements set out in the Regulations.

Area of Law: Telecommunications Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Reporting & Disclosure Obligations; Compliance Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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