Telephone Regulations (Amendment) (Provisional)

Overview

The Statutory Rules 1915, No. 118, specifically the Provisional Regulation under the Post and Telegraph Act 1901-1913, was enacted to address the urgency in modifying the existing telephone regulations. The legislation was issued by the Governor-General, R. M. Ferguson, acting on the advice of the Federal Executive Council. The aim of this provisional regulation is to ensure that telephone lines are constructed only if they are likely to yield a minimum revenue within eight years, unless special circumstances justify their construction or if applicants contribute towards the cost. The regulation aims to manage the financial risks associated with the construction of telephone lines by the Department, while also providing a mechanism for refunds to applicants if the revenue from the lines justifies greater capital outlay.

Scope and Application

The Provisional Regulation under the Post and Telegraph Act 1901-1913 applies to any applicant seeking to construct a telephone line within the Commonwealth of Australia. The Act governs the criteria for approving such construction, ensuring that only lines with a reasonable likelihood of generating sufficient revenue within eight years are permitted, unless special circumstances or contributions in cash, labour, or materials justify an exception. The Act also outlines procedures for potential refunds to applicants if the revenue from the line increases beyond initial projections, subject to specific conditions and timeframes. Notably, the Act allows the Postmaster-General to bypass the usual revenue requirements if the estimated cost of the line does not exceed £100. This regulation is intended to balance the need for expanding telephone infrastructure with the financial viability of such projects.

Key Provisions

The amended Regulation 105 under the Post and Telegraph Act 1901-1913 sets out specific conditions for the approval of the construction of telephone lines. According to section 105(1), an application for the construction of a line will not be granted unless the Postmaster-General is satisfied that the line will yield a minimum revenue within eight years of construction. Alternatively, applicants may be required to provide a contribution in cash, labour, or material that would make the construction justifiable without a guarantee of revenue. There is an exception to these conditions if the estimated cost of the line is less than £100, in which case the Postmaster-General may permit the construction regardless of the revenue projections (section 105(1)). Section 105(2) further elaborates on the conditions for contributions. If, after three years of operation, the revenue from the line increases to a level that justifies additional capital outlay by the Department, the applicants may be refunded for their contributions. The refund amount is calculated based on the difference between the total expenditure incurred by the Department and the capital expenditure justified by the increased revenue. However, refunds are subject to certain limitations: they cannot exceed the amount contributed by the applicants, they cannot be made after ten years from the line's construction, and the minimum refund amount is set at five pounds. Additionally, no refunds are to be made if the line's annual revenue does not justify any refund within five years of service commencement. The obligations imposed by the Regulation on applicants include providing detailed cost estimates and revenue projections for their proposed lines. They must also be prepared to contribute towards the construction costs if required by the Postmaster-General. Furthermore, applicants must ensure that their proposed lines meet the minimum revenue criteria or be able to demonstrate special circumstances justifying the construction. The Postmaster-General has the responsibility to review applications, assess the financial viability of proposed lines, and decide whether to permit construction based on the criteria outlined in the Regulation. Failure to comply with the provisions of Regulation 105 may result in the refusal of an application for line construction, or in the case of already constructed lines, potential legal or administrative actions. While the Regulation does not explicitly state penalties for non-compliance, breaches of such regulatory provisions could potentially lead to enforcement actions under related legislation, including fines or other civil consequences as determined by the courts or relevant authorities. The specific penalties would depend on the nature and severity of the breach, as well as any applicable laws at the time.