STATUTORY RULES
1972 No.
REGULATIONS UNDER THE POST AND TELEGRAPH ACT 1901-1971.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations, under the Post and Telegraph Act 1901-1971.
Dated this twenty-third day of June, 1972.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
Postmaster-General.
Amendments of the Telephone Regulations
Service connexion fee.
1. Regulation 29a of the Telephone Regulations is amended by adding at the end thereof the following sub-regulation:—
“(4) Where the conviction of a person is quashed by a Court after a subscriber’s telephone service at a place has been discontinued under regulation 62 of these Regulations in consequence of the conviction, a service connexion fee is not payable by the subscriber in respect of the reconnexion of the telephone service for the subscriber at that place.”
Illegal or improper use of telephone.
2. Regulation 62 of the Telephone Regulations is amended—
(a) by inserting in sub-regulation (4.), after the words “six months”, the words “, or such lesser period as the Director approves in a particular case,”; and
(b) by adding at the end thereof the following sub-regulations:—
“(5.) Where the conviction of the person is quashed by a Court after a subscriber’s telephone service has been discontinued under this regulation in consequence of the conviction, the last preceding sub-regulation does not prevent the subscriber again becoming a subscriber at any time after the conviction is quashed.
“(6.) Where a subscriber’s telephone service has been or is to be discontinued under this regulation in consequence of the conviction of a person of an offence, the Director shall, in determining whether to fix a period less than six months under sub-regulation (4.) of this regulation in relation to the discontinuance of the service, have regard to any detriment that discontinuance of the service would cause to the public and, in addition—
(a) if a person other than the subscriber was convicted of the offence—
(i) any knowledge of the subscriber concerning the commission of the offence;
* Notified in the Commonwealth Gazette on 1927.
† Statutory Rules 1927, No, 145, as amended to date. For previous amendments of the Telephone Regulations see footnote † to Statutory Rules 1971, No. 57 and see also Statutory Rules 1971, No, 57; and Act No. 70, 1971.
20573/71—Price 5c 9/22.12.1971
(ii) whether the subscriber had, either directly or indirectly, facilitated the commission of the offence; and
(iii) any hardship that the subscriber would suffer as a result of the discontinuance of the service; or
(d) if the subscriber was convicted of the offence—any special hardship that the subscriber would suffer as a result of the discontinuance of the service.”.
Printed by Authority by the Government Printer of the Commonwealth of Australia
Overview
The Statutory Rules 1972 No. 103 under the Post and Telegraph Act 1901-1971 were enacted to amend the Telephone Regulations, addressing issues surrounding the discontinuation of telephone services due to convictions and providing clarity on the implications of quashed convictions. This legislative instrument was made by the Governor-General in accordance with the advice of the Federal Executive Council, reflecting a policy objective to ensure fairness and justice in the administration of telephone services. The key focus was to amend regulations concerning service connection fees and the conditions under which telephone services could be discontinued or restored following a conviction, particularly when the conviction was subsequently quashed by a court. These amendments aimed to protect subscribers from undue hardship and ensure that the discontinuation of services was not unfairly prejudicial if the conviction was later overturned.
Scope and Application
The 1972 Regulations under the Post and Telegraph Act 1901-1971 primarily target subscribers of telephone services and the authorities responsible for the enforcement and administration of telephone-related regulations. The Act applies to individuals and entities engaging in telephone services within the Commonwealth of Australia. These Regulations amend the Telephone Regulations to provide specific guidelines concerning service connection fees and the handling of telephone service discontinuations in the context of illegal or improper use of telephone services. Notably, the Regulations address situations where a subscriber's service is discontinued following a conviction, and subsequently, the conviction is quashed by a court. Under these circumstances, the subscriber is exempt from paying a service connection fee for re-establishing their telephone service. Furthermore, the Regulations mandate that the Director must consider various factors, such as the impact on the public, the subscriber's knowledge of the offence, and potential hardships faced by the subscriber, when determining the duration of service discontinuation in cases of illegal or improper use of telephone services. The Regulations extend their application throughout the Commonwealth of Australia, reflecting the national scope of the Post and Telegraph Act.
Key Provisions
The principal operative sections of these Regulations pertain to modifications in the Telephone Regulations under the Post and Telegraph Act 1901-1971. Regulation 29a(4) is amended to clarify that where a person's conviction is quashed by a court after their telephone service has been discontinued due to that conviction, the subscriber will not be required to pay a service connection fee for the reconnection of the service. Regulation 62 is also amended, with sub-regulation (4) now allowing the Director to approve a period of service discontinuance that is less than six months, and adding sub-regulations (5) and (6) to address the circumstances under which a subscriber may again become a subscriber after their service has been discontinued and to provide considerations for the Director in determining the period of service discontinuance.
These Regulations impose several obligations on the parties they govern. Firstly, they require that the Director consider specific factors when determining the period of service discontinuance, including the detriment to the public, the subscriber's knowledge of the offence, whether the subscriber facilitated the offence, and any hardship the subscriber might suffer. If the subscriber's conviction is quashed, they are permitted to re-establish their telephone service without restriction. The Regulations also require the Director to assess these factors, particularly when the subscriber is not the one convicted of the offence, but may have had some involvement or knowledge.
Failure to comply with these Regulations may result in civil or criminal consequences. Although the Regulations themselves do not explicitly state penalties for non-compliance, breaches of the underlying Post and Telegraph Act 1901-1971 can lead to penalties under the Act. For instance, section 216 of the Act provides for a maximum penalty of five penalty units, approximately AUD 1,100 as of 2023, for offences related to the misuse of telecommunications services. Additionally, the Act allows for the imposition of fines and imprisonment for more serious breaches, with the exact penalties depending on the nature and severity of the offence.