STATUTORY RULES.
1916. No. 276.
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REGULATION UNDER THE POST AND TELEGRAPH ACT 1901–1916.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the undermentioned amended Regulation under the Post and Telegraph Act 1901–1916 to come into operation forthwith.
Dated this third day of November, One thousand nine hundred and sixteen.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
J. A. JENSEN,
for the Postmaster-General.
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Amendment of the Telephone Regulations, 1913.
(Statutory Rules 1913, No. 349.)
Regulation 22 is repealed and the following Regulation is inserted in its stead:—
22. (1) No telephone messages shall contain unbecoming expressions, or language of an obscene or offensive nature, or of a character calculated to provoke a breach of the peace, nor shall any telephone service be mischievously used for the purpose of irritating any person, or of conveying fictitious orders or instructions or fictitious messages of any kind.
(2) Any violation of this Regulation by a subscriber shall render him liable to have his telephone disconnected, and any instruments and fittings belonging to the Postmaster-General removed, without prejudice to the right of the Postmaster-General to recover the rent and/or other charges payable to the end of the term agreed upon.
(3) Any violation of this Regulation by a person other than a subscriber shall render such person liable to a penalty not exceeding Five pounds.
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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.13829.—Price 3d.
Overview
The Post and Telegraph Act 1901–1916, through its amendment under Statutory Rules 1916, No. 276, sought to address issues related to the misuse of telephone services, particularly those that involve obscene or offensive language and actions intended to provoke a breach of the peace or cause irritation. This legislative instrument, enacted by the Governor-General with the advice of the Federal Executive Council, aimed to maintain decorum and order in the use of telephone services. The regulation specifically targets subscribers and non-subscribers who misuse telephone services, imposing penalties including disconnection of service and financial penalties for violations. This legislative amendment underscores the policy objective of ensuring that the use of telecommunications does not compromise public order and decency.
Scope and Application
The amended Telephone Regulations under the Post and Telegraph Act 1901–1916 apply to both subscribers and non-subscribers to telephone services within the Commonwealth of Australia. These regulations specifically address the conduct of individuals when using telephone services, prohibiting the transmission of messages containing unbecoming expressions, obscene or offensive language, and content that could provoke a breach of the peace. Additionally, the misuse of telephone services for irritating others or conveying fictitious information is also covered. For subscribers found in violation of these regulations, the consequences include the disconnection of their telephone service and the removal of Postmaster-General's instruments and fittings, with the Postmaster-General retaining the right to recover unpaid rent and charges. Non-subscribers who contravene these provisions face a penalty of up to Five pounds. The amended regulations extend the original provisions by providing a clearer definition of prohibited conduct and the associated penalties, ensuring a consistent and regulated use of telephone services across the nation.
Key Provisions
The amended Regulation under the Post and Telegraph Act 1901–1916, specifically regulation 22, addresses the conduct expected from individuals using telephone services. This regulation, which replaces an earlier version from 1913, imposes clear restrictions on the content and usage of telephone communications. Regulation 22(1) mandates that no telephone messages may contain unbecoming expressions, obscene or offensive language, or anything that could incite a breach of the peace. Furthermore, it prohibits the misuse of telephone services to irritate individuals or to convey false orders, instructions, or messages.
Subscribers to telephone services are particularly bound by these regulations. A subscriber who violates any part of regulation 22(1) can have their telephone service disconnected, and any equipment provided by the Postmaster-General can be removed. This disconnection and removal come without prejudice to the Postmaster-General’s right to recover any outstanding rent or charges up to the end of the agreed term. This means that even if the subscriber’s service is terminated early, they are still liable for any fees due for the full period they had committed to.
Additionally, the regulation imposes obligations on non-subscribers. Regulation 22(2) specifies that any person who is not a subscriber but still violates the content and usage rules can be subject to a penalty of up to five pounds. This financial penalty serves as a deterrent against inappropriate use of telephone services by individuals who do not have a formal subscription.
Regulation 22(3) outlines the consequences for breaching the regulation, which include both civil and penal measures. For subscribers, the primary consequence is the termination of their telephone service and removal of equipment, alongside potential financial obligations. For non-subscribers, the primary consequence is a monetary penalty. The maximum penalty specified is five pounds, which was a significant amount at the time the regulation was enacted, reflecting the seriousness with which breaches of these provisions were viewed.