STATUTORY RULES
1968 No.
REGULATION UNDER THE POST AND TELEGRAPH ACT 1901-1968.*
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 1901-1968.
Dated this twenty-first day of November, 1968.
CASEY
Governor-General.
By His Excellency’s Command,
Postmaster-General.
Amendment of the Telephone Regulations†
Illegal or Improper use of telephone service.
Regulation 62 of the Telephone Regulations is amended—
(a) by omitting from sub-regulation (1.) the words “the Department” (first occurring) and inserting in their stead the words “the Director”;
(b) by omitting sub-regulation (3.) and inserting in its stead the following sub-regulations:—
“(3.) For the purposes of this regulation, a subscriber or a person shall be deemed to have been convicted of carrying on an illegal business at a specified place if he is convicted of an offence committed at that place and—
(a) it is established that the telephone service provided at that place was used by that person in the commission of the offence; or
(b) the offence is of a kind the commission of which is facilitated by the use of a telephone service.
“(3a.) Without limiting the generality of paragraph (b) of the last preceding sub-regulation, an offence shall be deemed to be an offence the commission of which is facilitated by the use of a telephone service—
(a) if the offence is an offence against the law of a State or Territory relating to gaming or wagering;
(b) if the offence is the offence of using premises or a place, or permitting or suffering premises or a place to be used, in contravention of the law of a State or Territory or relating to gaming or wagering;
* Notified in the Commonwealth Gazette on , 1968.
† Statutory Rules 1927, No. 145, as amended to date. For previous amendments of the Telephone Regulations, see footnote † to Statutory Rules 1968, No. 18, and see also Statutory Rules 1968, No. 18.
21635/68—Price 5c 10/9.9.68
(c) if the offence is the offence of selling or supplying intoxicating liquor at a place other than premises licensed under the law of a State or Territory relating to the licensing of premises for the sale of intoxicating liquor in contravention of such a law;
(d) if the offence is the offence of selling or supplying intoxicating liquor at a time other than a time at which the sale of intoxicating liquor is authorised by or under the law of a State or Territory; or
(e) if the offence is the offence of keeping a common gaming house, common betting house, common bawdy house or house of disorderly entertainment.”; and
(c) by omitting from sub-regulation (4.) the words “the Department” (wherever occurring) and inserting in their stead the words “the Director”.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra
Overview
The Statutory Rules 1968 No. 145, made under the Post and Telegraph Act 1901-1968, aims to amend the Telephone Regulations to address issues related to the illegal or improper use of telephone services. Enacted by the Governor-General in the Federal Executive Council, the policy objective is to ensure that telephone services are not used for activities that facilitate illegal businesses, particularly those involving gaming, wagering, and the sale of intoxicating liquor outside of authorised times and locations. The regulation updates the definitions and enforcement mechanisms to better align with contemporary regulatory needs, reflecting the evolving landscape of telecommunications and associated illegal activities.
Scope and Application
The Statutory Rules 1968 No. 145, which are regulations made under the Post and Telegraph Act 1901-1968, primarily address the illegal or improper use of telephone services, with a focus on activities that facilitate or constitute offences related to gaming, wagering, and the sale of intoxicating liquor. These regulations apply to any person or entity that utilises telephone services for the commission of such offences or in a manner that facilitates them. The scope of the legislation is broad enough to cover individuals or businesses that use telephone services in a manner that contravenes state or territory laws concerning gaming, wagering, or the sale of intoxicating liquor. These regulations extend across the Commonwealth of Australia, ensuring a uniform approach to the regulation of telephone services in relation to these specific activities. Notably, the regulations do not set specific thresholds or exemptions but instead provide a clear delineation of what constitutes an illegal or improper use of telephone services. The application of these regulations can be further defined or modified through subordinate instruments, which may provide additional details or specific examples to clarify the scope and intent of the legislation.
Key Provisions
The main operative sections of the regulation are the amendments to Regulation 62 of the Telephone Regulations, as stated in the document. Specifically, Regulation 62(1) is amended by replacing references to "the Department" with "the Director," while Regulation 62(3) is replaced with new sub-regulations that define the circumstances under which a subscriber or person may be deemed to have been convicted of carrying on an illegal business at a specified place. This includes scenarios where the telephone service was used in the commission of an offence or where the offence facilitated by the use of a telephone service, such as gaming or wagering offences, illegal liquor sales, or operating a house of disorderly entertainment. Regulation 62(4) is similarly amended to replace references to "the Department" with "the Director."
The obligations and requirements imposed by this regulation on the parties it governs include the responsibility of the Director to enforce the new definitions and criteria for deeming a subscriber or person to have been convicted of carrying on an illegal business at a specified place. The regulation also requires that any convictions or legal proceedings related to the specified offences must consider whether the telephone service was used in the commission of the offence or if the offence was facilitated by the use of a telephone service.
The regulation imposes specific offences and penalties for breaches of the amended Regulation 62. Under the new definitions, offences such as gaming or wagering, illegal liquor sales, and operating a house of disorderly entertainment, when facilitated by the use of a telephone service, are considered illegal businesses. Convictions under these offences can lead to penalties as determined by state or territory laws. The regulation does not specify maximum penalties but indicates that breaches will be subject to the relevant state or territory laws. These penalties can include fines, imprisonment, or both, depending on the severity of the offence and the applicable jurisdiction.