Telephone Regulations (Amendment)

Overview

The Statutory Rules of 1921, No. 196, represent an amendment to the existing Regulation under the Post and Telegraph Act 1901-1916. Enacted by the Governor-General with the advice of the Federal Executive Council, these regulations aim to address specific operational aspects of telephone services provided under the Act. The regulation specifically modifies the Telephone Regulations 1913 to ensure that all telephone instruments, batteries, or apparatus supplied by the Department and connected to any telephone exchange remain the exclusive property of the Postmaster-General. This change underscores the Commonwealth’s intention to maintain control over the infrastructure and equipment within the postal and telegraph services, thereby ensuring efficient management and maintenance of communication networks.

Scope and Application

The amended Regulation under the Post and Telegraph Act 1901-1916, as set forth in Statutory Rules 1921, No. 196, applies to all telephone instruments, batteries, or apparatus that can be connected with any Telephone Exchange within the Commonwealth of Australia. This regulation specifies that such equipment must be supplied at the cost of the Department and become the exclusive property of the Postmaster-General, except where otherwise stipulated. The Postmaster-General is empowered to remove these items from a subscriber's premises at any time during the agreement period and replace them with other equipment as necessary. Upon termination of the agreement, the Postmaster-General can remove all supplied equipment from the premises. Additionally, officers of the Postmaster-General are granted unrestricted access to subscriber premises for the purposes of inspecting, replacing, or solely removing the equipment. This regulation is applicable nationwide across the Commonwealth, ensuring uniformity in the administration and control of telecommunication equipment.

Key Provisions

The primary operative sections of this amended Regulation are sections that pertain to the ownership and maintenance of telephone instruments, batteries, and apparatus. Section 17 (1) stipulates that all telephone equipment which can be connected to any telephone exchange must be supplied at the cost of the Department and remain the exclusive property of the Postmaster-General, unless otherwise specified in the Regulations. This includes any new or replacement instruments, batteries, or apparatus supplied to subscribers. Sub-regulation 17 (1a) further elaborates that the Postmaster-General has the authority to remove any supplied equipment from a subscriber's premises at any time during the agreement period, and must remove all such equipment upon the termination of the agreement. Lastly, sub-regulation 17 (1b) grants the Postmaster-General's officers the right to access a subscriber's premises for the purpose of inspecting, replacing, or removing the equipment. This amended Regulation imposes specific obligations on both the Postmaster-General and the subscribers. The Postmaster-General is responsible for supplying all telephone equipment at their own expense and ensuring that such equipment remains their exclusive property. They must also have the authority to remove or replace equipment at any time during the agreement period and ensure its removal upon termination. Subscribers, on the other hand, must allow the Postmaster-General's officers free access to their premises for the inspection, replacement, or removal of the equipment. This ensures that the Postmaster-General can maintain and manage the equipment effectively and in accordance with the terms of the agreement. The amended Regulation does not explicitly outline specific offences or penalties for breaches of its provisions. However, it is implied that any failure to comply with the obligations and requirements imposed by the Regulation could potentially lead to legal consequences. For instance, if a subscriber refuses to allow access to their premises for inspection, replacement, or removal of equipment, this could be seen as a breach of the agreement and may lead to legal action. While the exact penalties are not specified within this Regulation, they would likely be determined by the terms of the broader Post and Telegraph Act 1901-1916 or relevant case law.