STATUTORY RULES.
1915. No. 147.
PROVISIONAL REGULATION UNDER THE POST AND TELEGRAPH ACT 1901-1913.
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 Regulation under the Post and Telegraph Act 1901-1913 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this 18th day of August, One thousand nine hundred and fifteen,
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
W. G. SPENCE.
Postmaster-General.
Amendment of Telephone Regulations 1913.
The Telephone Regulations 1913 (Statutory Rules 1913, No. 349) are amended by inserting therein after Regulation 4a the following regulation:—
“4b. The Postmaster-General, or any officer of the Postmaster-General’s Department, shall not be liable to any action, claim, or demand for compensation for interruption, from whatever cause arising, of the service—
“(a) of any person who becomes a subscriber after the 18th day of August, 1915; or
“(b) of any person who, being a subscriber on the 18th day of August, 1915, renews his service after that date.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.10612.—Price 3d.
Overview
The Provisional Regulation under the Post and Telegraph Act 1901-1913, enacted in 1915, addresses the immediate need to protect the Commonwealth from potential liabilities related to service interruptions in the rapidly evolving telecommunications sector. This Provisional Regulation was issued by the Governor-General in Council, reflecting the urgency of the matter and ensuring that it came into effect without delay. The policy objective is to shield the Postmaster-General and officers of the Postmaster-General’s Department from any compensation claims arising from service interruptions, thereby enabling the government to manage and adapt the telephone services with reduced legal risks. This legislative action was taken to facilitate the uninterrupted development and operation of the telephone network in Australia.
Scope and Application
The Provisional Regulation under the Post and Telegraph Act 1901-1913 applies to the Postmaster-General and officers of the Postmaster-General's Department, specifically addressing liability for interruptions in telephone services. This regulation applies to any person who subscribes to the service or renews their subscription after the specified date of 18 August 1915. The regulation aims to protect the Postmaster-General and his department from claims for compensation arising from service interruptions affecting subscribers who became or renewed their subscriptions post-18 August 1915. The regulation is enacted as a Provisional Regulation due to its urgency and comes into immediate operation, extending its jurisdictional reach across the Commonwealth of Australia. This amendment to the Telephone Regulations 1913 does not specify any exclusions, exemptions, or thresholds, and it does not extend or restrict its application through subordinate instruments.
Key Provisions
The primary operative section of the Provisional Regulation under the Post and Telegraph Act 1901-1913, as amended by Statutory Rules 1915, No. 147, is the insertion of a new regulation, 4b, after Regulation 4a of the Telephone Regulations 1913 (Section 1). This new regulation provides that the Postmaster-General, or any officer of the Postmaster-General’s Department, shall not be liable to any action, claim, or demand for compensation for any interruption of telephone service, regardless of the cause, for subscribers who become subscribers after 18 August 1915 or subscribers who renew their service after that date. This means that individuals who start their subscription or renew their existing subscription following the specified date will have their service governed by this new provision.
The Act imposes specific obligations and requirements on both the Postmaster-General’s Department and subscribers. The Postmaster-General’s Department, through its officers, is obligated to provide telephone services to subscribers but is protected from any compensation claims for interruptions in service for the specified group of subscribers. Subscribers who commence or renew their service after 18 August 1915 must understand that they are subject to the new regulation, which exempts the Postmaster-General from compensation claims if their service is interrupted. This regulation aims to clarify the liability and responsibilities concerning service interruptions, providing a legal framework for both service provision and subscriber rights.
In terms of offences, penalties, or consequences, the regulation does not explicitly state penalties for non-compliance. However, the intent of the regulation is to limit the legal recourse available to subscribers in the event of service interruptions. If a subscriber attempts to pursue compensation for an interruption in service, they may face legal challenges as the regulation shields the Postmaster-General from such claims for subscribers who begin or renew their service after the specified date. Failure to adhere to the terms of the regulation could result in civil proceedings where the court determines the subscriber's right to compensation based on the provisions outlined in the legislation.