STATUTORY RULES.
1913. No. 285.
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PROVISIONAL REGULATION UNDER THE POST AND TELEGRAPH ACT 1901–1912.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the undermentioned amended Regulation under the Post and Telegraph Act 1901–1912, namely:—
Telephone Regulations,
Part XVII.—Erection of Public Telegraph or Telephone Lines under Guarantee,
should come into immediate operation, and make the amended Regulation to come into operation forthwith as a Provisional Regulation.
Dated this fifteenth day of October, One thousand nine hundred and thirteen.
DENMAN,
Governor-General.
By His Excellency’s Command,
AGAR WYNNE.
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Telephone Regulations.
Part XVII.—Erection of Public Telegraph or Telephone Lines under Guarantee.
The Regulations under this head (Statutory Rules 1912, No. 65, as amended by Statutory Rules 1913, No. 218) are amended by repealing Regulation 106 and inserting the following Regulation in its stead:—
“106. If the line is not likely to yield, annually, an amount sufficient to provide—
(a) For the cost of operating the line; and
(b) Ten per centum of the cost of constructing the line and supplying the instruments (to cover maintenance, renewals, &c.)
(which amount is referred to in this Part of the Regulations as a minimum revenue), the applicants shall, for the purpose of guaranteeing the receipt of that amount, comply with the following conditions, namely:—
(i) The applicants shall deposit with the Postmaster-General it sum of money equal to 50 per centum of the difference between the estimated revenue from the line for two years and the minimum revenue for two years.
(ii) The applicants shall enter into a joint and several bond in a sum to be fixed by the Postmaster-General, conditioned to make good, during a period of seven years after the completion of the line, an amount equal to 50 per centum of the amount by which—
(a) the estimated revenue, or
(b) the actual revenue
(whichever of these is the greater) falls short of a minimum revenue.”
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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.14577.—Price 3d.
Overview
The Provisional Regulation under the Post and Telegraph Act 1901–1912, numbered Statutory Rules 1913, No. 285, was introduced to address the urgent need for amendments to the existing Telephone Regulations. This legislative instrument was enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, due to the urgency of the matter. The regulation specifically targets the erection of public telegraph or telephone lines under guarantee, aiming to ensure that applicants for such lines provide a guarantee of sufficient annual revenue to cover operational costs and maintenance. The policy objective is to safeguard the financial viability of the lines and protect the interests of both the applicants and the Postmaster-General.
Scope and Application
The Provisional Regulation under the Post and Telegraph Act 1901–1912 applies to any entity or individual seeking to erect public telegraph or telephone lines in Australia, provided the lines are not expected to generate sufficient annual revenue to cover operating costs and a percentage of construction and maintenance costs. The regulation mandates that applicants must guarantee a minimum annual revenue by either depositing a specified sum of money with the Postmaster-General or entering into a joint and several bond. This bond requires the applicant to cover 50% of any shortfall in revenue over a seven-year period. The regulation is of Commonwealth jurisdiction, extending across Australia. The regulation does not explicitly state any exclusions or exemptions, but it is understood that the application of the guarantee requirement is conditional on the financial viability of the proposed line. The regulation also allows for adjustments and further amendments through subordinate instruments, enabling the government to adapt the provisions as necessary to meet evolving needs.
Key Provisions
The amended Regulation 106 under Part XVII of the Telephone Regulations, which is a part of the Post and Telegraph Act 1901-1912, outlines the conditions applicants must meet if the proposed line is not expected to generate sufficient revenue to cover operational costs and a portion of the construction and equipment costs annually (Regulation 106(a) and (b)). Specifically, applicants must deposit with the Postmaster-General a sum of money equal to 50% of the difference between the estimated revenue for two years and the minimum revenue for the same period (Regulation 106(i)). Furthermore, applicants must enter into a joint and several bond with the Postmaster-General, with the bond amount to be determined by the Postmaster-General. This bond is conditioned to cover 50% of the shortfall in revenue (either estimated or actual, whichever is higher) compared to the minimum revenue, over a period of seven years following the line's completion (Regulation 106(ii)).
The obligations imposed on the applicants by this Regulation are twofold. Firstly, they must ensure that the financial deposit made with the Postmaster-General is calculated correctly, based on the estimated revenue and the minimum revenue as defined in the Regulation (Regulation 106(i)). Secondly, applicants must enter into a bond agreement with the Postmaster-General, ensuring that they are jointly and severally liable to cover any revenue shortfall for a specified period. The bond amount is determined by the Postmaster-General, reflecting the financial commitment required to guarantee the minimum revenue over the seven-year period (Regulation 106(ii)).
Breaching the obligations set out in Regulation 106 may have legal consequences. While the specific penalties are not detailed in the Regulation itself, failure to meet the financial deposit or bond requirements could potentially lead to enforcement actions by the Postmaster-General. This may include financial penalties or legal proceedings to ensure compliance with the guaranteed revenue conditions. The consequences for non-compliance could also affect the applicants' ability to proceed with the line's erection and operation until the obligations are met.