STATUTORY RULES.
1922. No. 77.
REGULATION UNDER THE POST AND TELEGRAPH ACT 1901-1916.
I, THE GOVERNOR-GENERAL in and over the Commonwealth, of Australia, acting with the advice of the Federal Executive Council, hereby make the undermentioned amended Regulation under the Post and Telegraph Act 1901-1916, to come into operation forthwith.
Dated this thirty-first day of May, 1922.
FORSTER,
Governor-General.
By His Excellency’s Command,
J. EARLE,
for Postmaster-General.
Amendment of the Telephone Regulations 1913.
(Statutory Rules 1913, No. 349, as amended to this date.)
Regulation 15b is repealed and the following regulation is inserted in its stead:—
15b. If the Deputy Postmaster-General is satisfied that any service is being obtained by a person, either in his own or any other name, which person is, in the opinion of the Deputy Postmaster-General, a defaulter in connexion with any other service, the Deputy Postmaster-General may, without notice, cancel the agreement, disconnect the telephone from the exchange, remove the name of the subscriber from the Telephone List, remove all wires, instruments and fittings, and apply any surplus rent paid in connexion with the service in reduction of the liability of that person to the Department.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Statutory Rules 1922, No. 77, represent an amendment to the Telephone Regulations under the Post and Telegraph Act 1901-1916. Enacted by the Governor-General in Council, these regulations address the issue of defaulters in connection with telephone services, allowing the Deputy Postmaster-General to take decisive action, including disconnection and removal of service, when a person is deemed to be in default with respect to other services. This legislative instrument aims to ensure the integrity of postal and telegraph services by providing a clear mechanism for managing defaulters. The authority to enact these regulations stems from the Post and Telegraph Act 1901-1916, reflecting a policy objective to maintain orderly and reliable communication services within the Commonwealth.
Scope and Application
The amended Regulation under the Post and Telegraph Act 1901-1916 pertains to the cancellation of telephone services for individuals deemed defaulters by the Deputy Postmaster-General. This applies to any person, irrespective of whether they are using their own name or another's, who is considered a defaulter in relation to another service. The Deputy Postmaster-General has the authority to terminate the agreement, disconnect the telephone service, remove the subscriber's name from the Telephone List, and confiscate any wires, instruments, and fittings. Additionally, any surplus rent paid can be applied to offset the person's outstanding liability to the Department. This regulation operates within the Commonwealth jurisdiction, impacting all persons and entities under the Postmaster-General's purview who utilise telephone services. The regulation's scope extends to enforcing compliance with payment and service obligations related to telephone services, with specific authority granted to the Deputy Postmaster-General to enforce these provisions. There are no stated exclusions or exemptions in the regulation, indicating a broad application to all affected parties.
Key Provisions
The amended Regulation under the Post and Telegraph Act 1901-1916, particularly Regulation 15b, outlines specific actions that the Deputy Postmaster-General may take if a person is deemed to be a defaulter in relation to any service. This regulation allows the Deputy Postmaster-General to cancel any ongoing agreements, disconnect the telephone service from the exchange, remove the subscriber's name from the Telephone List, and remove all associated wires, instruments, and fittings (Regulation 15b). Additionally, any surplus rent paid by the defaulter can be applied towards reducing the individual's liability to the Department.
The Act imposes several obligations on the Deputy Postmaster-General when dealing with defaulters. Primarily, the Deputy Postmaster-General must be satisfied that the individual is indeed a defaulter in relation to any other service. This satisfaction must be based on the Deputy Postmaster-General's opinion. Once this opinion is formed, the Deputy Postmaster-General is permitted to take the aforementioned actions without the need to provide prior notice to the individual. The Deputy Postmaster-General must also ensure that all associated equipment and records are properly removed and that any surplus funds are appropriately applied to the individual's debt.
Failure to comply with the provisions of this Regulation could result in significant consequences. While the exact nature of these consequences is not detailed within the provided text, it can be inferred that breaches might lead to civil or administrative penalties. Given the context of the Act and the nature of the amendments, penalties could potentially include financial sanctions or other enforcement actions. However, the exact penalties are not specified in the provided text, and further examination of the full Act or related legal instruments would be required to determine the precise consequences of non-compliance.