Telephone Regulations (Amendment)

Overview

The Statutory Rules of 1937, No. 86, are Regulations under the Post and Telegraph Act 1901–1934, made by the Deputy of the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. These Regulations amend the Telephone Regulations to address issues related to the notification of the removal of telephone services from premises. The policy objective of these Regulations is to ensure that subscribers provide timely notice to the Department before vacating premises that have telephone services, thereby maintaining the efficiency and accuracy of the telecommunications records. The Regulations specifically amend the definition of “Occupier” to include the person currently in possession of the premises and introduce new requirements for subscribers to notify the Department of the intended date of removal of telephone services. Failure to comply with these notification requirements is classified as an offence, with a penalty of ten pounds. This legislative instrument was designed to address the gap in the existing regulatory framework concerning the proper and timely notification of the cessation of telephone services, thereby improving the management and administration of telecommunications infrastructure.

Scope and Application

These Regulations under the Post and Telegraph Act 1901–1934 primarily govern the conduct of telephone subscribers with respect to the removal of telephone services from their premises. They apply to individuals or entities that have subscribed to telephone services, specifically requiring subscribers to notify the Department of the expected date of removal of such services from their premises. The Regulations are designed to ensure that the Department is informed of changes in occupancy or the cessation of service, thereby maintaining accurate records and facilitating smooth transitions. The scope of the Regulations is limited to the Commonwealth of Australia and pertains to the conduct and transactions of subscribers regarding the removal of telephone services. The Regulations do not specify any exclusions or exemptions, applying broadly to all subscribers within the jurisdiction. The authority to extend or modify the application of these Regulations is implicitly retained through the legislative framework of the Post and Telegraph Act, allowing for future amendments or the introduction of subordinate instruments as necessary.

Key Provisions

The Statutory Rules 1937, No. 00086, under the Post and Telegraph Act 1901-1934, bring about amendments to the Telephone Regulations. A significant change introduced by these regulations pertains to the definition of 'Occupier' in Regulation 4, which now includes any person in possession of premises or land, an office, building, or any other place (Reg. 1). This definition is intended to clarify and expand the scope of who can be considered an occupier. Additionally, Regulation 14 has been repealed and replaced with new provisions that mandate subscribers to provide written notice to the Department before vacating premises that have a telephone service (Reg. 2(1)). If it is impractical to give notice before vacating, the subscriber must notify the Department within one week of vacating (Reg. 2(2)). Failure to comply with these notice requirements constitutes an offence, with a penalty of ten pounds (Reg. 2(3)). Under these regulations, subscribers have clear obligations to notify the Department about vacating premises that have telephone services. The requirement to provide a written notice before vacating aims to ensure that the Department is informed in a timely manner, allowing for the proper management of telecommunications infrastructure and services. This notification process is crucial for the Department to make necessary arrangements for the disconnection of services, thus maintaining the efficiency and order of the telecommunications network. Breach of the provisions outlined in Regulation 2(1) and (2) carries legal consequences. Subscribers who fail to give the required written notice before vacating premises or within one week thereafter are guilty of an offence. The penalty for such an offence is a fine of ten pounds. This penalty underscores the importance of compliance with the notice requirements to avoid legal repercussions.