Telephone Regulations (Amendment)

Overview

Statutory Rules 1935 No. 26, made under the Post and Telegraph Act 1901-1934, was introduced to amend the existing telephone regulations by imposing additional conditions on the purchase and distribution of telephone directories. Enacted by the Governor-General in Council, this regulation specifically addresses the issue of telephone directories being enclosed in covers displaying advertisements without the Department's consent. The policy objective is to ensure that the integrity and purpose of the telephone directory, as a service provided by the Department, are maintained by prohibiting unauthorised advertisements. This regulation aims to uphold the standards set for the distribution and usage of official directories, reflecting the legislative intent to control and regulate the commercial use of postal and telegraph services. The amendment to Regulation 74, adding a new sub-regulation (5), asserts the Department's authority to demand the return of directories that are improperly enclosed with advertisements. This measure was enacted to prevent the misuse of government-provided directories for commercial purposes, thereby maintaining the intended use of these directories and preventing any potential confusion or misrepresentation that could arise from unauthorised advertisements. This legislative action underscores the commitment to ensuring that public services are used appropriately and in accordance with the regulations set forth by the governing authorities.

Scope and Application

The Post and Telegraph Act 1901-1934 is a Commonwealth legislative instrument, extending its reach across the entire nation, and its regulations apply to various aspects of postal and telegraphic services. The Act governs the conduct and operations of entities involved in the provision of these services, including telecommunications companies and individuals who purchase or distribute telephone directories. Specifically, the statutory rules and regulations under this Act are designed to regulate the sale and distribution of telephone directories, ensuring that they are not used for unauthorised advertising purposes. The 1935 regulation amendment, detailed in Statutory Rules 1935, No. 26, introduces conditions on the purchase and distribution of telephone directories, prohibiting the enclosure of directories in covers displaying advertisements without prior consent from the relevant department. Any violation of this condition mandates the return of the directory to the department upon demand by an authorised officer, thereby ensuring compliance with the stipulated regulations. The scope of this Act is broad, covering all entities and persons involved in the sale, distribution, and advertising practices related to telephone directories within the Commonwealth of Australia.

Key Provisions

The Regulation under the Post and Telegraph Act 1901-1934, as notified in the Commonwealth Gazette, introduces an amendment to Regulation 74 of the Telephone Regulations. This amendment specifically concerns the purchase and handling of a Telephone Directory. According to the new sub-regulation (5), any purchaser of a Telephone Directory must adhere to certain conditions: the Directory cannot be enclosed in a cover that displays any advertisement without the consent of the Department, and if it is found in such a cover, the purchaser is required to deliver the Directory to an officer of the Department upon demand (Post and Telegraph Act 1901-1934 (C1935L00026)). Under this Regulation, entities and individuals who purchase a Telephone Directory are obligated to ensure that it is not enclosed in a cover displaying any advertisement without explicit permission from the Department. This means that any form of advertising on the cover of the Directory is strictly prohibited unless the Department has given its consent. Furthermore, if a Directory is found enclosed in such a cover, the purchaser must surrender it to a Department officer when requested. This requirement underscores the Department's control over the presentation and distribution of the Directory to maintain its integrity and avoid commercial exploitation. Breaches of this Regulation may lead to civil or administrative consequences. Although the specific penalties are not detailed within the Regulation, it is implied that failure to comply with the Department's directives regarding the handling of the Telephone Directory could result in actions such as fines or other corrective measures. The precise penalties would be determined in accordance with the overarching legal framework and any additional regulations or guidelines provided by the Department. The overarching aim is to ensure that the Telephone Directory is used in a manner consistent with its intended purpose, free from any form of unauthorised commercial influence.