STATUTORY RULES.
1909. No. 92.
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 Regulations under the Post and Telegraph Act 1901, namely:—
Telephone Regulations,
should come into immediate operation, and make the amended Regulations to come into operation forthwith as Provisional Regulations.
Dated this twenty-second day of July, One thousand nine hundred and nine.
DUDLEY,
Governor-General.
By His Excellency’s Command,
JOHN QUICK.
Telephone Regulations.
1. In these Regulations Statutory Rules 1906, No. 114 as amended by subsequent Statutory Rules, are referred to as the Telephone Regulations.
2. (1) The amendment or repeal, by Statutory Rules 1909, No. 56, of Regulations 26, 32, 49, 49a, 49b, 56 to 65 inclusive, 81, 82, 83, 93, 94, 108, and 109, of the Telephone Regulations shall have no effect until the appointed day mentioned in Regulation 7d of the Telephone Regulations, except in relation to subscribers who pay or are liable to pay the rates specified in Regulation 7a of the Telephone Regulations.
(2) Regulations 26, 32, 49, 49a, 49b, 56 to 65 inclusive, 81, 82, 83, 93, 94, 108, and 109, of the Telephone Regulations shall, until the said appointed day, be deemed to continue and to have continued in force, except in relation to subscribers who pay or are liable to pay the rates specified in Regulation 7a of the Telephone Regulations, as if Statutory Rules 1909, No. 56 had not been made.
3. Regulation 127a, which was inserted in the Telephone Regulations by Statutory Rules 1909, No. 56 is repealed.
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.10158.—Price 3d.
Overview
The Provisional Regulations under the Post and Telegraph Act 1901 were enacted in 1909 to ensure the immediate operation of amendments to the existing Telephone Regulations. The urgency and expeditious nature of these amendments were acknowledged by the Governor-General in Council, reflecting the need to address certain operational and regulatory issues in the rapidly evolving field of telecommunications. This legislative instrument aimed to maintain continuity and stability in the implementation of telephone services while allowing for necessary updates and improvements. The policy objective was to provide a seamless transition for subscribers, ensuring they were not adversely affected by the amendments until the appointed day specified in the regulations.
Scope and Application
The Telephone Regulations under the Post and Telegraph Act 1901 apply to subscribers of telephone services within the Commonwealth of Australia. These regulations govern the operation and management of telephone services, including rates, services, and the conduct of telephone companies. The provisions are applicable to both individuals and entities providing or using telephone services, ensuring a structured and regulated environment for telecommunications. The geographic reach of these regulations is national, as they are enacted under the Commonwealth jurisdiction. The regulations also include specific provisions for the transition period, ensuring that certain amendments take effect on a designated date, except for subscribers who pay specific rates as outlined in Regulation 7a. Additionally, certain regulations are repealed or amended to maintain continuity and adjust to evolving standards or practices. The regulations are designed to be implemented immediately due to the urgency of the amendments, as certified by the Governor-General.
Key Provisions
The main operative sections of these Provisional Regulations under the Post and Telegraph Act 1901 pertain primarily to the continuation and amendment of existing Telephone Regulations. Specifically, section 2(1) provides that certain amendments and repeals made by Statutory Rules 1909, No. 56, will not take effect until a specified appointed day, except for subscribers who are required to pay the rates detailed in Regulation 7a. Until that appointed day, the repealed regulations (Regulations 26, 32, 49, 49a, 49b, 56 to 65 inclusive, 81, 82, 83, 93, 94, 108, and 109) will remain in force, except for those subscribers identified in Regulation 7a. Furthermore, section 3 repeals Regulation 127a, which was introduced by Statutory Rules 1909, No. 56.
These Provisional Regulations impose specific obligations and requirements on the parties and entities governed by them. Most notably, they ensure that the repealed regulations remain in force until the appointed day, except for subscribers who must pay the specified rates. This transitional arrangement ensures continuity and stability for affected subscribers while allowing for the implementation of necessary updates and amendments. Additionally, the repeal of Regulation 127a reflects the intention to adjust and refine the regulatory framework, likely to better align with evolving telecommunications needs and practices.
Breaches of the provisions within these Provisional Regulations may result in civil or criminal consequences, although specific offences and penalties are not detailed within the text provided. The overarching legislation, the Post and Telegraph Act 1901, would likely outline the legal repercussions for non-compliance. Generally, violations of such regulatory provisions might include fines, enforcement actions, or other penalties as prescribed by the Act. These measures are intended to ensure adherence to the regulatory framework and the smooth operation of telecommunications services within Australia.