Telephone Regulations (Amendment) (Provisional)

Overview

The Provisional Regulation under the Post and Telegraph Act 1901–1912, Statutory Rules 1913, No. 319, was enacted to address the urgent need to amend the existing telephone regulations concerning the subscription and use of telephone services. This legislative instrument was introduced to streamline and formalise the procedures for multiple subscribers within the same premises, ensuring clarity in the division of costs and service usage. The regulation was enacted by the Governor-General, acting on the advice of the Federal Executive Council, to come into immediate operation due to the pressing nature of the amendments required. The overarching policy objective was to provide a structured and fair framework for telephone service subscription among multiple users within shared premises, ensuring that the costs and responsibilities are clearly defined and fairly distributed among the subscribers.

Scope and Application

The Provisional Regulation under the Post and Telegraph Act 1901–1912 applies to individuals and entities that are interested in subscribing to telephone services, particularly in the context of joint subscriptions and visitor registrations. The Act mandates that persons occupying offices in the same building or the same private residence can jointly subscribe under one exchange number, with additional fees for each subscriber beyond the primary one. It also provides for visitors residing in premises with a connected telephone line to have their names inserted in the telephone list for a specified fee. The regulation governs the financial responsibilities of the primary and additional subscribers, including charges for line maintenance, extra instruments, and extension lines. The regulation extends across the Commonwealth of Australia, with the Postmaster-General being responsible for overseeing compliance and enforcement. The Act does not specify exclusions or exemptions, but it is subject to further amendments and interpretations through subordinate instruments, which may provide additional detail or modify the existing provisions.

Key Provisions

The key provisions of the Telephone Regulations under the Post and Telegraph Act 1901–1912 primarily concern the subscription and management of telephone services within buildings or residences (Regulation 24). Firstly, Regulation 24(1) permits individuals occupying the same building or residence to jointly subscribe to a single telephone exchange number, each paying an additional annual fee of £1. This fee includes the insertion of the additional subscriber's name in the Telephone List. It is important to note that discontinuance of this service requires a three-month notice period. Regulation 24(2) allows visitors residing in premises with an existing telephone connection to have their names added to the Telephone List for a fee of Five shillings per quarter. However, this fee does not cover the cost of calls, which must be separately negotiated between the subscriber and the visitor. Under the obligations imposed by these regulations, the original subscriber is responsible for all charges associated with the telephone line but can allocate a proportion of these charges to the second subscriber if agreed upon (Regulation 24(3)). Furthermore, if additional telephone instruments are required, the subscribers must pay the applicable rates for party lines, extra instruments, or extension lines, as outlined in other relevant regulations (Regulation 24(4)). These obligations ensure that all parties involved are clear on their financial responsibilities and the procedures for managing shared telephone services. In terms of consequences for non-compliance, the regulations do not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, the requirement to provide a three-month notice for discontinuance of the joint subscription service (Regulation 24(1)) implies that failure to adhere to this notice period could lead to continued financial obligations for the period specified. Additionally, the necessity to separately arrange payment for calls with visitors (Regulation 24(2)) suggests that failure to do so might result in disputes or unresolved financial obligations between the parties involved. While the regulations do not detail severe penalties, they underscore the importance of adhering to the specified procedures to avoid potential conflicts or financial misunderstandings.