Telephone Regulations (Amendment)

Overview

The Statutory Rules 1971 No. 57, made under the Post and Telegraph Act 1901-1970, was enacted to address the need for amendments to the Telephone Regulations, specifically concerning the definition of certain pensioners and the application of these definitions to telephone rental rates. This legislative instrument was created by the Governor-General in accordance with the advice of the Federal Executive Council. The policy objective of this regulation is to refine the eligibility criteria for pensioner status, ensuring that certain categories of pensioners, including service and war widow pensioners, as well as those under the Seamen's War Pensions and Allowances Act, are accurately identified for the purposes of telephone rental rates.

Scope and Application

The Statutory Rules 1971 No. 57, made under the Post and Telegraph Act 1901-1970, amend the Telephone Regulations to alter the definition of certain categories of pensioners eligible for specific rental rates. This legislative instrument applies to individuals and entities that are subject to the provisions of the Post and Telegraph Act and its subordinate regulations, particularly those connected with telephone services in Australia. The amendments redefine the categories of "pensioner" and "war widow pensioner" to include service pensions and certain pensions under the Seamen’s War Pensions and Allowances Act 1940-1969. This adjustment extends to the Commonwealth of Australia, impacting both individuals and entities engaged in telephone services across the nation. There are no specific exclusions or exemptions noted in these amendments; however, the application of these changes is confined to the provisions outlined in the Telephone Regulations. The scope of the regulation can be further extended or restricted by subsequent subordinate instruments as necessary.

Key Provisions

The main operative sections of this legislative instrument (Regulation 29) amend the Telephone Regulations under the Post and Telegraph Act 1901-1970. Specifically, the regulation modifies the definitions of "pensioner" and "war widow pensioner" to include certain additional categories of individuals. These amendments are intended to broaden the eligibility criteria for pensioner rates in telephone services. For instance, the definition of "pensioner" now includes service pensioners under the Repatriation Act 1920-1970, as applied by the Repatriation (Special Overseas Service) Act 1962-1968. Similarly, the definition of "war widow pensioner" now includes those receiving a pension under the Seamen's War Pensions and Allowances Act 1940-1969 due to being the widow or de facto wife of an Australian mariner. Additionally, the regulation deems Australian mariners receiving a pension for total incapacity under the Seamen's War Pensions and Allowances Act 1910-1969 as pensioners. The obligations imposed by these amendments are primarily on the telecommunications providers. They must ensure that their billing and rate structures are updated to reflect these changes in definitions. This involves reclassifying certain customers as eligible for pensioner rates and adjusting their billing accordingly. The providers must also keep records and documentation to demonstrate compliance with these amended definitions. This includes maintaining records of customer eligibility for pensioner rates and the basis for such eligibility, such as pension documentation or other relevant proof of status. In terms of consequences for non-compliance, the legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences within the provided text. However, in general, failing to adhere to regulations set by the government can lead to various repercussions. These might include fines, legal action, and potential damage to the provider's reputation. The exact penalties would typically be determined by the relevant administrative or judicial bodies, depending on the severity and nature of the non-compliance.