STATUTORY RULES.
1943. No. 141.
REGULATIONS UNDER THE POST AND TELEGRAPH ACT 1901-1934.*
I, THE Deputy of the Deputy of the (GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Post and Telegraph Act 1901-1934.
Dated this twentieth day of May, 1943.
Deputy of the Governor-General.
By His Excellency’s Command,
Postmaster-General.
———
Amendment of the Telephone Regulations.†
Regulation 147 of the Telephone Regulations is repealed and the following regulation is inserted in its stead:—
Charges for line.
“147.—(1.) The following charges shall be made for any private line provided by the Department:—
— | Unit Fee Area. |
State Capital City. | Other Places. |
| Per annum. | Per annum. |
£ | s. | d. | £ | s. | d. |
For the first quarter mile or part thereof.................. | 1 | 10 | 0 | 1 | 2 | 6 |
For each additional 220 yards or part thereof............... | 0 | 12 | 6 | 0 | 7 | 6 |
“(2.) The rental for any private line so provided shall be calculated—
(a) in the case of a line not exceeding five miles in length radially—upon the radial distance between the terminal points of the line; and
* Notified in the Commonwealth Gazette on May, 1943
† Statutory Rules 1927, No. 145, as amended to date. For previous Telephone Regulations, see footnote † to Statutory Rules 1941, No. 261 and see also Statutory Rules 1942, No. 504.
805.—Price 3d. 20/4.2.1943.
(b) in the case of a line exceeding five miles in length radially—upon the radial distance up to five miles and, for the remaining length of the line, upon the route distance:
Provided that where any line exceeds a chargeable distance of five miles, or where both terminal points are situated outside the limits of a telephone network or unit fee area, or where new construction, submarine cable or other special arrangements are required in the provision of a service, or where the line applied for will not connect premises under the same ownership or control, the charges and conditions shall be determined by the Department according to the circumstances of each case:
Provided further that a charge of such amount as is fixed by the Department shall be made to cover the installation of the wires within the buildings or upon the premises to which the line connects.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1943, No. 141, made under the authority of the Post and Telegraph Act 1901-1934, was enacted to amend the existing telephone regulations. The Deputy of the Governor-General, acting with the advice of the Federal Executive Council, issued these regulations on 20 May 1943. The primary objective of these regulations is to update and refine the charges for private lines provided by the Department of Post and Telegraph, ensuring a structured approach to determining costs based on the distance and specific circumstances of the service. This legislative instrument aims to provide clarity and fairness in billing for private telephone lines, addressing the need for a more precise and equitable method of calculating charges for such services.
Scope and Application
The Regulations under the Post and Telegraph Act 1901-1934, specifically detailed in Statutory Rules 1943, No. 141, primarily apply to the charges associated with the provision of private telephone lines by the Department. This legislative instrument targets individuals or entities that require private lines for telecommunications purposes. The scope of these regulations is confined to the establishment of charges for private lines, which are determined based on the location and length of the line, with particular emphasis on differentiating between state capital cities and other places. The regulations also stipulate how the rental for these lines is calculated, differentiating between lines that are five miles or less in length and those exceeding this limit. Additionally, the regulations provide for special conditions and charges in unique circumstances such as the need for new construction, submarine cables, or when the line connects premises not under the same ownership or control. These regulations extend across the Commonwealth of Australia, aligning with the national jurisdiction of the Post and Telegraph Act 1901-1934, and any exclusions or exemptions are left to the discretion of the Department, which can set specific charges based on individual cases.
Key Provisions
The primary operative sections of this statutory instrument relate to charges for private telephone lines provided by the Department. Specifically, Regulation 147 outlines the unit fees for private lines based on their location and length. For instance, section 147(1) stipulates that a charge of £1.10.0 is applicable for the first quarter mile or part thereof, with additional charges of £0.12.6 and £0.07.6 for each additional 220 yards in State Capital Cities and other places, respectively. Furthermore, section 147(2) sets out the method for calculating rental charges, depending on whether the line exceeds five miles in length.
The Act imposes certain obligations on both the Department and the users of private telephone lines. The Department is required to determine charges and conditions for lines exceeding five miles or those requiring special arrangements. This includes establishing a charge for the installation of wires within buildings or premises. Users of private lines must pay the specified charges according to the length and location of their line, as well as any additional fees for installation or special arrangements as determined by the Department.
In terms of consequences for non-compliance, the statutory instrument does not explicitly detail offences, penalties, or civil/criminal consequences for breach. However, given the regulatory nature of the Act, failure to comply with the specified charges and conditions could potentially result in disputes or legal action between the Department and the user. The Department may also take administrative actions to ensure compliance, such as audits or investigations into the use and billing of private lines.