Telephone Regulations (Amendment)

Legislation au C1940L00230 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1940. No. 230.

––––––

REGULATIONS 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 Regulations under the Post and Telegraph Act 1901–1934.

Dated this twenty third day of October, 1940.

Governor-General.

By His Excellency’s Command,

Postmaster-General.

 

Amendment of the Telephone Regulations.†

Commencement.

1. These Regulations shall come into operation on the first day of November, 1940.

Definitions.

2. Regulation 4 of the Telephone Regulations is amended by inserting, after the definition “Telephone”, the following definition:—

“‘Telephone exchange line’ means any telephone line connecting a subscriber’s premises directly with an exchange;”.

Free entries.

3. Regulation 75 of the Telephone Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) Unless otherwise prescribed in these Regulations, one entry shall be made without charge in each issue of the Telephone Directory covering the exchange to which the service connects in respect of any telephone exchange line or lines leased by a subscriber and, where there is more than one such line, terminating in the same premises:

Provided that the Department may, if it is of opinion that the nature of a subscriber’s telephone installation is such that an additional entry or entries is or are necessary for identification purposes, make at its discretion an additional entry or additional entries without charge.”

 

* Notified in the Commonwealth Gazette on , 1940.

† Statutory Rules 1927. No. 145, as amended by Statutory Rules 1928, No. 99; 1929, Nos. 122 and 133; 1930, Nos. 2. 7, 15, 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, Nos. 14, 36 and 86; 1938, No. 4; 1939, Nos. 34 and 130; and 1940, Nos.. 14 and 28.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

6227.—6/9.10.1940.—Price 3d.

Overview

The Statutory Rules 1940 No. 230, Regulations Under the Post and Telegraph Act 1901–1934, were enacted by the Governor-General in Council to amend existing telephone regulations, addressing the need for updates to the definitions and provisions governing telephone services. These regulations came into effect on 1 November 1940 and were designed to clarify the scope of telephone exchange lines and to adjust the conditions under which entries are made in the Telephone Directory. The intent behind these amendments is to ensure that the regulatory framework governing telecommunications remains current and effective, thereby facilitating the provision of accurate and comprehensive telephone directory services.

Scope and Application

The Regulations under the Post and Telegraph Act 1901–1934, as amended in 1940, apply to entities and individuals involved in telecommunications services within Australia, specifically targeting telephone exchange lines and their listings in the Telephone Directory. These Regulations amend the existing Telephone Regulations to provide clarity on the definition of "telephone exchange line" and to adjust the conditions under which telephone services can be listed without charge in the Telephone Directory. The Regulations apply to the Commonwealth of Australia, indicating a national reach as they are implemented under federal authority. The amendments to the Regulations exclude certain situations where additional entries might be necessary for identification purposes, allowing the Department to make discretionary additional entries without charge if deemed necessary. These Regulations do not explicitly state any exclusions or thresholds but imply a standard procedure that can be altered based on specific subscriber needs.

Key Provisions

The main operative sections of the Regulations under the Post and Telegraph Act 1901–1934 primarily concern the amendment of the Telephone Regulations, particularly focusing on the definition of “Telephone exchange line” and the conditions under which telephone lines leased by subscribers are included in the Telephone Directory. Section 2 introduces a new definition for “Telephone exchange line,” which is any telephone line connecting a subscriber’s premises directly with an exchange. This definition aims to clarify the scope of telephone lines that are subject to the regulations. Section 3 modifies Regulation 75 of the Telephone Regulations to specify that one free entry will be made in the Telephone Directory for each telephone exchange line leased by a subscriber, provided these lines terminate in the same premises. The Department of Post and Telegraph may also make additional entries if necessary for identification purposes. The Regulations impose certain obligations on subscribers and the Department of Post and Telegraph. Subscribers must ensure that their telephone lines meet the criteria for inclusion in the Telephone Directory, particularly if they have multiple lines terminating in the same premises. The Department, on the other hand, is responsible for including subscribers' leased telephone lines in the Directory, with the flexibility to add extra entries if needed for identification purposes. This arrangement aims to maintain accurate and comprehensive records of subscribers' telephone connections while allowing for flexibility in exceptional cases. The Regulations do not explicitly outline offences, penalties, or consequences for breach. However, any failure by subscribers to comply with the requirements for their lines to be included in the Directory, or by the Department to accurately record these lines, could potentially lead to issues in communication services. While specific penalties are not mentioned, non-compliance could result in practical difficulties for subscribers, such as difficulties in emergency services reaching them if their contact information is not correctly listed. Additionally, the Department could face scrutiny or administrative actions if it fails to accurately maintain the Telephone Directory, potentially impacting its operational efficiency and public trust.

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Telecommunications Law
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