STATUTORY RULES.
1908. No. 84.
PROVISIONAL REGULATIONS UNDER THE POST AND TELEGRAPH ACT 1901.
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, namely:—
Telephone Regulations.
Part I.—Telephone Exchanges;
should come into immediate operation, and make the amended Regulation to come into operation forthwith as a provisional Regulation.
Dated this fourteenth day of July, One thousand nine hundred and eight.
NORTHCOTE,
Governor-General.
By His Excellency’s Command,
SAMUEL MAUGER.
Telephone Regulations.
Part 1.—Telephone Exchanges.
Regulation II under this head (Statutory Rules 1907, No. 46) is repealed, and the following substituted in lieu thereof:—
11. Telephone lines must be rented for not less than one year, or such longer period as the Deputy Postmaster-General may determine, and the use of any line or extension thereof may be discontinued on the expiration of the period for which the line was first rented, by the subscriber giving not less than one calendar month’s previous notice in writing of his intention to discontinue the use of the line, or extension, or by the Postmaster-General giving one calendar month’s previous notice of his intention to discontinue the service. The use of any line or any extension thereof may be discontinued at any time after the expiration of the period for which the line was first rented by the subscriber giving not less than three calendar months’ previous notice in writing of his intention to discontinue the use of the line or extension, or by the Postmaster-General giving three calendar months’ previous notice of his intention to discontinue the service. Rent will be charged only to the expiration of the notice of discontinuance.
The notice required under this Regulation may be waived in the case of the death of the subscriber if—
(a) the telephone line is an ordinary telephone line; and
(b) a special agreement for the renting of the line for a fixed term is not in force; and
(c) the notice would involve payment of rent for any period beyond the date to which rent has already been paid.
By Authority: J. Kemp, Government Printer, Melbourne.
C. 8893.—Price 3d.
Overview
The Statutory Rules 1908, No. 84, enacted as Provisional Regulations under the Post and Telegraph Act 1901, aim to address the need for streamlined regulations governing the use and rental of telephone lines. This legislative instrument was introduced by the Federal Executive Council on the advice of the Governor-General, Northcote, to ensure the smooth operation of telephone services in the nascent telecommunications sector of Australia. The policy objective was to establish a clear framework for the rental and discontinuation of telephone lines, ensuring that both subscribers and the Postmaster-General have defined procedures to follow, while also allowing for flexibility in the event of extenuating circumstances such as the death of a subscriber. The regulations came into immediate effect due to their urgent nature, reflecting the rapid growth and development of the telecommunications industry at the time.
Scope and Application
The Provisional Regulations under the Post and Telegraph Act 1901, specifically the Telephone Regulations, govern the rental and usage of telephone lines within the Commonwealth of Australia. These regulations apply to all persons or entities renting telephone lines from the Postmaster-General, ensuring that lines must be rented for a minimum period of one year or a longer period determined by the Deputy Postmaster-General. The regulations also outline the procedures for discontinuing the use of a telephone line, requiring at least one month's written notice from either the subscriber or the Postmaster-General for termination at the end of the initial rental period, and three months' notice for termination after the initial period. The notice requirements may be waived in the event of the subscriber's death if certain conditions are met, such as the line not being rented under a fixed-term agreement and no further rent being payable beyond the date for which it has already been paid. These regulations establish a framework for the administration and management of telephone services in Australia, ensuring clarity and fairness in the rental and discontinuation processes.
Key Provisions
The main operative sections of the Telephone Regulations under the Post and Telegraph Act 1901 outline the rental and discontinuation provisions for telephone lines. Regulation 11 specifies that telephone lines must be rented for at least one year, or a longer period as determined by the Deputy Postmaster-General. A subscriber can discontinue the use of a line by providing one month's notice in writing if the line was rented for one year or more, but must provide three months' notice if the line was rented for less than one year. Similarly, the Postmaster-General can discontinue service by providing the same notice periods. The subscriber is only charged rent until the notice period expires. Notably, the requirement for notice can be waived if the subscriber dies and certain conditions are met, such as the absence of a fixed-term rental agreement and the avoidance of unnecessary rent payments.
The Act imposes obligations on both subscribers and the Postmaster-General to provide written notice before discontinuing service. Subscribers must adhere to the stipulated notice periods to avoid continued rent charges beyond their intended use. The Postmaster-General must also comply with these notice periods when deciding to discontinue service to a subscriber. These provisions ensure that both parties have a clear understanding of their rights and responsibilities regarding the use and termination of telephone services.
Breaches of these regulations may not explicitly outline specific offences, penalties, or consequences within the provided text, but it is reasonable to infer that failure to comply with the notice requirements could lead to disputes over rent payments or service continuity. The regulations aim to maintain orderly and predictable service arrangements, and any deviation from these could result in legal challenges or disputes over the terms of service. The lack of explicit penalties in the provided text suggests that the primary recourse for enforcement might lie in the civil remedy of seeking clarification or resolution through the courts, rather than a direct imposition of fines or criminal penalties.