Telephone Regulations (Amendment) (Provisional)

Overview

The Statutory Rules 1914, No. 26, represents a Provisional Regulation under the Post and Telegraph Act 1901-1913, enacted to address a specific gap in the existing regulatory framework concerning telephone services. The regulation was promulgated by the Governor General in Council under the authority of the Post and Telegraph Act 1901-1913. It was designed to provide an immediate solution to the problem of connecting telephone lines during the night for subscribers at exchanges that only offered daytime service, ensuring that calls could be made even when the exchanges were closed. This regulation was particularly important in enhancing communication efficiency and reliability for users, while also setting a precedent for non-discriminatory service provision by the Department without additional charges or liabilities.

Scope and Application

The Provisional Regulation under the Post and Telegraph Act 1901-1913, as amended by Statutory Rules 1914, No. 26, pertains to the connection of telephone lines for subscribers of telephone exchanges that operate on a day service only. This regulation specifically allows these subscribers to have their lines connected during nighttime to other subscribers within the same exchange, with the anticipation that calls will be made during the period when the exchange is closed. It mandates that no additional charges should be imposed for these connections and absolves the Department from any liability should the connections fail to be established. The regulation applies nationally, reflecting the Commonwealth’s jurisdiction over postal and telegraph services, and is intended to facilitate uninterrupted communication services despite operational constraints of the exchanges. This amendment came into immediate operation due to its urgency, as certified by the Governor General in accordance with the Federal Executive Council’s advice.

Key Provisions

The main operative section of this legislation, Regulation 16, replaces a previous regulation to allow subscribers connected with telephone exchanges that operate on a day service only, to have their telephone lines connected during the night to other subscribers of the same exchange in anticipation of calls during the times when the exchange is closed (Regulation 16). This means that, during the night when the exchange is not providing a service, subscribers can still establish a connection with others on the same exchange in readiness for calls the following day. Importantly, there is no additional charge for these connections, and the Department does not accept any responsibility if the connections are not successfully made. The Act imposes certain obligations and requirements on the parties it governs. Specifically, telephone exchange operators must facilitate the night-time connection of telephone lines for subscribers who are connected to exchanges with a day service only. This is to ensure that subscribers can make preparations for anticipated calls the next day, without incurring extra charges. The Department, on its part, is not liable if the night-time connection process fails to establish the desired connections. In terms of consequences for breach, the legislation does not explicitly outline specific offences, penalties, or consequences for non-compliance. However, if the Department fails to adhere to its obligation of not incurring responsibility for failed connections, it may face scrutiny or legal challenges from subscribers who argue that they have been adversely affected by the Department's non-compliance. There are no maximum penalties stated in the regulation itself, but any legal action would depend on the specific circumstances and the outcomes of any court proceedings.