Telephone Regulations (Amendment)

Overview

The Statutory Rules 1935 No. 25, made under the Post and Telegraph Act 1901-1934, aim to amend the existing Telephone Regulations to address the problem of unauthorised private telephone lines. Enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, the regulation seeks to ensure that any private line crossing beyond the boundary of the owner's land requires explicit permission from the Department. The penalty for setting up or maintaining such lines without permission is set at fifty pounds, aiming to deter unauthorised installations and maintain the integrity of the public telecommunications infrastructure. The policy objective is to safeguard the regulated environment for telephone services and prevent potential interference or damage to the established public network.

Scope and Application

This statutory rule, made under the Post and Telegraph Act 1901-1934, applies specifically to the setting up and maintenance of private lines, which are telecommunications lines that pass beyond the boundaries of land owned or occupied by the person seeking to establish such a line. The regulation is designed to control and regulate the establishment of these private lines by requiring written permission from the Department, thereby ensuring that such lines are not set up without oversight. The penalty for contravening these regulations is fifty pounds, which applies both to the person setting up the line and to any other person involved in the process. The regulation also stipulates that any application for permission must include a detailed plan of the proposed line and a description of the construction method for the portion of the line outside private land. This regulatory framework ensures that private lines are installed and maintained in a manner that is compliant with the broader postal and telegraphic regulations of the Commonwealth. The regulation applies nationwide within the Commonwealth of Australia and is applicable to all individuals and entities seeking to set up or maintain private lines. The geographic reach of this regulation is national, extending to every state and territory within the Commonwealth. However, the specific implementation and enforcement of these regulations might vary depending on the state or territory. The regulation does not explicitly mention any exclusions or exemptions, but it is reasonable to infer that any exceptions would be outlined in further subordinate instruments or specific guidelines issued by the Department. The regulation is part of a broader suite of rules aimed at maintaining the integrity and functionality of the national telecommunications infrastructure.

Key Provisions

These Regulations, made under the Post and Telegraph Act 1901-1934, introduce new provisions concerning the establishment and use of private telephone lines. Regulation 154a states that any individual intending to set up, maintain, or use a private telephone line that extends beyond the boundaries of the land they own, are the proprietor of, or occupy must first obtain written permission from the Department. Any person who contravenes this provision by setting up, maintaining, or using such a private line without the requisite permission will be guilty of an offence and face a penalty of fifty pounds. Furthermore, any person involved in the setting up, maintenance, or use of a private line that is set up, maintained, or used in contravention of Regulation 154a will also be guilty of an offence and face the same penalty. To apply for permission to set up, maintain, or use a private telephone line that extends beyond the boundary of the land they own, are the proprietor of, or occupy, applicants must submit a plan detailing the proposed route of the line. This plan should highlight any roads that the line will cross or enter and indicate the points of connection. Additionally, applicants must provide a description of the proposed construction method for the portion of the line that will not be on private land. This is mandated by Regulation 155. The Regulations impose clear obligations on individuals and entities wishing to establish and use private telephone lines. They must seek and obtain written permission from the Department before proceeding with any such line that extends beyond their property boundaries. Failure to comply with this requirement will result in criminal liability, with offenders facing a penalty of fifty pounds. This stringent enforcement aims to ensure that all private lines are properly authorised and managed, thereby maintaining the integrity and safety of the telecommunications infrastructure.