STATUTORY RULES.
1939. No. 34.
REGULATION UNDER THE POST AND TELEGRAPH ACT 1901-1934.*
I, 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 tenth day of May, 1939.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
Postmaster-General.
Amendment of the Telephone Regulations.†
Regulation 42 of the Telephone Regulations is amended by inserting in its stead the following regulation:—
“42. Notwithstanding anything contained in these Regulations, the department may render an interim account at any time after the connexion of a telephone service for any charges that have accrued, and may demand payment forthwith or within a specified period and, failing compliance with such demand for payment, may cancel the agreement and cause the premises to be disconnected from the exchange to which they are connected, and any telephones and other apparatus belonging to the department to be removed.”
* Notified in Commonwealth Gazette on , 1939.
† Statutory Rules 1927, No. 145, as amended by Statutory Rules 1928, No. 99; 1929, Nos. 122 and 133; 1930, Nos. 2, 7, 10, 54 and 112; 1931, Nos. 86 and 137; 1932, No. 16; 1933, Nos. 13, 14, 56, 64, 84 and 135; 1934, Nos. 30 and 114; 1935, Nos. 25, 26, 93, 96 and 121; 1936, No. 121; 1937, No. 14 and 36; and 1938, No. 4.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
1714.—8/30.3.1939.—Price 3d.
Overview
The Statutory Rules of 1939, No. 34, under the Post and Telegraph Act 1901-1934, address the need for the Department to manage interim accounts for accrued charges associated with telephone services. Enacted by the Governor-General in Council, this legislative instrument seeks to provide the Department with greater flexibility and control over billing and service disconnection. The overarching objective is to ensure that the Department can promptly manage outstanding payments and maintain the integrity of the telephone service infrastructure. By authorising the Department to demand immediate payment or within a specified period, and to disconnect services in cases of non-compliance, the regulation aims to uphold the financial viability and operational efficiency of the telecommunications services provided.
Scope and Application
This legislative instrument, Statutory Rules 1939, No. 34, constitutes a regulation under the Post and Telegraph Act 1901-1934. It specifically amends Regulation 42 of the Telephone Regulations, which pertains to the authority of the department to render interim accounts for accrued charges on telephone services. The amendment empowers the department to demand payment immediately or within a specified timeframe, and in cases of non-compliance, the department has the authority to cancel the service agreement and disconnect the premises from the telephone exchange, along with the removal of any departmental apparatus. The regulation applies to any entity or individual utilising telephone services within the Commonwealth of Australia, governed by the overarching Post and Telegraph Act 1901-1934. While the scope of the amendment is precise and limited to Regulation 42, it extends the department's authority to manage outstanding charges and enforce payment, thereby ensuring the financial integrity of the telephone service provision.
Key Provisions
The statutory rule in question, Statutory Rules 1939 No. 34, pertains to the amendment of the Telephone Regulations under the Post and Telegraph Act 1901-1934. The primary operative section of this legislation is the amendment of Regulation 42 (referred to as section 42 in the original regulations). This regulation allows the department to issue an interim account for any charges that have accrued at any time after the connection of a telephone service. This amendment introduces flexibility in billing practices by enabling the department to demand payment immediately or within a specified period. If the customer fails to comply with the payment demand, the department has the authority to cancel the agreement and disconnect the premises from the telephone exchange, including the removal of any telephones and other apparatus belonging to the department.
This regulation imposes several obligations on both the department and the customers who use the telephone services. For the department, it mandates the ability to render interim accounts and demand immediate or specified period payments for accrued charges. Furthermore, it obliges the department to enforce the payment demand by cancelling the agreement and disconnecting the service if the customer fails to comply. For the customers, the regulation requires prompt payment of all charges as demanded by the department to avoid service disconnection. It also obligates them to be aware of the possibility of interim billing and the consequences of non-payment.
The consequences of breaching the provisions of this regulation can be severe. If a customer fails to comply with the demand for payment, the department can cancel the agreement and disconnect the service, which includes the removal of any department-owned apparatus. This action can lead to significant inconvenience for the customer. There are no explicit references to penalties or fines within the text of this regulation; however, the enforcement of service disconnection serves as a substantial deterrent against non-compliance. The potential for service disruption acts as a significant disincentive for customers to avoid defaulting on their payments.