Telephone Regulations (Amendment) (Provisional)

Overview

The Statutory Rules 1914, No. 44, amends the existing Telephone Regulations of 1913 under the Post and Telegraph Act 1901-1913. This legislative instrument was enacted to address the need for urgent adjustments to the conditions under which temporary telephonic communication could be provided. The Governor-General, acting on advice from the Federal Executive Council, certified the amendment due to its urgency, thereby expediting its implementation as a Provisional Regulation. The principal objective of this amendment is to clarify the cost structure and charges associated with temporary telephone services, ensuring that the expenses are borne by the users while excluding the cost of instruments from the charges. This regulation also stipulates that while certain charges apply to temporary services, Rifle Clubs are exempt from specific charges when requiring temporary telephonic communication.

Scope and Application

The Provisional Regulation under the Post and Telegraph Act 1901-1913 applies to entities and individuals requiring temporary telephonic communication in Australia. The regulation specifically addresses the provision of telephone services under urgent circumstances, with the Postmaster-General responsible for overseeing the implementation. The regulation outlines the conditions under which temporary telephonic communication will be provided, including the cost structure where the connecting and dismantling services are to be paid for by the requesting entities or individuals. These costs are limited to labour, perishable materials, and special line construction, excluding the cost of instruments. Additionally, the regulation stipulates that if the telephones are used without an Exchange service, a charge of 10 shillings per month or portion thereof, up to a maximum of six months, will be applicable per set of telephones used. Conversely, if the telephones are connected to a public Telephone Exchange, the prescribed rates in Part IV or Part VI of the Regulations will apply. Notably, this charge is exempted for temporary telephonic communications required by Rifle Clubs. The regulation has a national reach, extending across the Commonwealth of Australia, and operates under the authority granted by the Post and Telegraph Act 1901-1913.

Key Provisions

The main operative sections of the Provisional Regulation under the Post and Telegraph Act 1901-1913, particularly Regulation 113, establish the conditions under which temporary telephonic communication services can be provided. Regulation 113 (1) mandates that the Postmaster-General will supply temporary telephone services under specific conditions. It requires that the cost for connecting and dismantling these services be borne by the requesting associations or individuals. This cost is to cover labour, perishable materials, and any special line construction, excluding the cost of the instruments themselves. Furthermore, additional charges are specified, with a monthly fee of 10 shillings per set of telephones for services not connected to a public telephone exchange, and prescribed rates for connections to public exchanges as outlined in Part IV or Part VI of the Regulations. A notable exemption is granted to Rifle Clubs, which are not charged for temporary telephonic communication. The amended Regulation imposes several obligations on the parties involved in obtaining temporary telephone services. Firstly, it necessitates that the requesting party pays for the connection and dismantling costs, ensuring that the service providers are compensated for their labour and materials. Secondly, it sets forth a clear pricing structure for the use of temporary telephone services, which must be adhered to by the requesting parties. In cases where the services are not linked to a public telephone exchange, a monthly fee is stipulated, while connections to public exchanges are subject to rates prescribed in Parts IV and VI of the Regulations. Additionally, the exemption for Rifle Clubs from the monthly fee for non-exchange connected services must be correctly applied. Failure to comply with the provisions of the amended Regulation can result in various consequences. While the specific offences and penalties are not detailed within the text, it can be inferred that breaches of the payment terms or misuse of the services may lead to legal ramifications. Typically, such breaches could result in fines or other civil penalties as stipulated by the overarching Post and Telegraph Act 1901-1913. The exact nature and severity of these penalties would be governed by the broader legislative framework, which might include administrative fines, legal action, or other corrective measures to ensure compliance.