Telephone Regulations (Amendment)

Overview

The Post and Telegraph Act 1901-1966, enacted by the Australian Parliament, provided the legislative framework governing postal and telegraph services in Australia. The 1968 Statutory Rules introduced amendments to the Telephone Regulations under this Act, aiming to address issues related to the misuse of reversed charge calls, also known as "collect" calls. These amendments were designed to ensure that the reversed charge facility is not abused and to provide the Director with the authority to restrict its availability in specific circumstances. The overarching policy objective was to maintain the integrity of the telephone service by preventing fraudulent use of reversed charge calls. The regulation specifically amends Regulation 135b of the Telephone Regulations, introducing conditions under which reversed charge calls can be placed and providing the Director with the power to direct the unavailability of the reversed charge facility in certain circumstances. This legislative instrument was made by the Governor-General, acting on the advice of the Federal Executive Council, and came into effect on 8 March 1968.

Scope and Application

The Statutory Rules 1968 No. 18, made under the Post and Telegraph Act 1901-1966, amends the Telephone Regulations to modify the conditions under which reversed charge trunk calls can be made. This regulation applies to telecommunications service providers and consumers within the Commonwealth of Australia, specifically targeting the conduct related to the use of reversed charge facilities in making telephone calls. The amendment seeks to prevent abuse of this facility by allowing the Director to direct that reversed charge facilities are not available in specified circumstances, thereby imposing a condition on the telephonists at exchanges when handling requests for such calls. The regulation extends to all exchanges within the Commonwealth and is enforced through the amendment of Regulation 135b of the Telephone Regulations, thus impacting the operations of telecommunications service providers and the rights of consumers to make reversed charge calls under certain conditions. This regulatory amendment does not specify exclusions or exemptions but provides a mechanism for the Director to intervene in the application of reversed charge facilities to prevent misuse. The regulation is subject to further extension or restriction through subordinate instruments, allowing the Director to specify circumstances under which reversed charge facilities may not be available, thereby providing flexibility in addressing potential abuses of the system. This approach ensures that the regulation remains effective in adapting to changing telecommunications practices and consumer behaviours.

Key Provisions

The principal operative sections of this legislation involve amendments to Regulation 135b of the Telephone Regulations under the Post and Telegraph Act 1901-1966. Regulation 135b pertains to reversed charge trunk calls, which are calls where the recipient rather than the caller pays the charges. The amendment to this regulation modifies the criteria for allowing reversed charge trunk calls. Specifically, sub-regulation (1) is amended to ensure that a reversed charge trunk call can proceed if the telephonist at the exchange does not reject the request (Regulation 135b(1)(aa)). Furthermore, a new sub-regulation (3) is introduced to allow the Director to direct that the reversed charge facility is not available in specified circumstances, and telephonists are instructed not to reject requests unless such a directive applies (Regulation 135b(3)). The obligations imposed by these amendments on the parties involved, primarily the telephonists and the Director, are clear and specific. Telephonists are required to follow the directive of not rejecting reversed charge trunk call requests unless explicitly directed otherwise by the Director in specified circumstances. The Director, on the other hand, has the authority to issue directives that prevent the abuse of the reversed charge facility. This includes the ability to specify situations where the reversed charge facility should not be available, thereby ensuring that the service is used appropriately and to prevent misuse. In terms of consequences for non-compliance, the legislation does not explicitly detail specific offences or penalties. However, the failure of telephonists to adhere to the Director's directives could potentially lead to disciplinary actions or other internal consequences as per the organisational policies governing their employment. For the Director, any misuse of the power to issue directives could potentially be subject to scrutiny or challenge, particularly if such directives are deemed to be arbitrary or unjust. The precise nature of any penalties or consequences would depend on the internal policies and the specific circumstances of the non-compliance. In summary, the key provisions of this regulation amend the criteria for reversed charge trunk calls by ensuring that telephonists do not reject requests unless directed otherwise by the Director. Telephonists and the Director are bound by specific obligations to ensure the proper use of the reversed charge facility, while any non-compliance could lead to internal disciplinary measures or policy challenges.