Telephone Regulations (Amendment) (Provisional)

Legislation au C1915L00164 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1915. No. 164.

 

PROVISIONAL REGULATIONS 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 amended Regulations under the Post and Telegraph Act 1901-1913 should come into immediate operation, and make the amended Regulations to come into operation forthwith as Provisional Regulations.

Dated this eighth day of September, One thousand nine hundred and fifteen.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

W. G. SPENCE,

Postmaster-General.

 

Amendment of the Telephone Regulations 1913 (Statutory Rules 1913, No. 349).

1. Regulation 11 is repealed and the following Regulation is inserted in its stead:—

11. (1) Except in the cases, referred to in Regulation 12, where spare or idle complete lines already exist from the premises of an intending subscriber to the Exchange, telephone lines must be rented for a period certain of one year at least, or for such longer time as the Deputy Postmaster-General decides, and thereafter the renting shall continue unless and until determined by notice in accordance with this Regulation.

(2) On or at any time after the expiration of the period certain, the renting of the line, or of any extension thereof, may be determined—

(a) by the subscriber giving to the Deputy Postmaster-General one month’s previous notice in writing of his intention to discontinue the use of the line or extension; or

(b) by the Deputy Postmaster-General giving to the subscriber one month’s previous notice in writing of his intention to discontinue the service.

(3) Rent will be charged only to the expiration of the notice of discontinuance.

(4) The notice to the Deputy Postmaster-General may be waived in the case of the death of the subscriber if—

(a) the telephone line is an ordinary telephone line; and

C.11452.—Price 3d.

(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.

(5) Nothing in this Regulation shall affect the power of the Postmaster-General or a Deputy Postmaster-General to determine the agreement under any other Regulation.

2. Regulation 33 is repealed and the following Regulation is inserted in its stead:—

33. A telephone line connecting any two offices of the Department, at neither or only one of which a Telephone Exchange has been opened, or a telephone line joining any two offices of the Department, but not available for direct connexion with the subscribers’ lines at either or both ends, may be used for conversations by the subscribers or by the general public, subject to the following conditions, and on payment of the fees set forth hereunder, provided that such use shall not interfere with the ordinary work of the Department:—

(1) When the person to be spoken to can be called by telephone, or in other cases where it is not necessary to send a messenger for the person to be spoken to, a fee of 3d. shall be charged for the additional time during which the trunk line is engaged, irrespective of the success or failure of the attempt to obtain the required person, in addition to the fee specified for conversations on trunk lines.

(2) When it is necessary to send a messenger for the person to be spoken to, the following charges shall be made in addition to the fees specified in the last preceding paragraph:—

(a) For a messenger sent to call to the telephone any person who resides within the usual radius of free delivery of telegrams, 3d.

(b) For a messenger sent to call to the telephone any person who resides beyond the radius of free delivery of telegrams, in addition to the fee of 3d., the usual porterage fees charged for the delivery of telegrams shall be made.

At offices where messengers are not provided by the Department, the services specified in sub-paragraphs (a) and (b) of paragraph (2) of this Regulation cannot be performed.

3. Regulation 53 is repealed and the following Regulation is inserted in its stead:—

53. (1) The charges prescribed by this part of these Regulations only shall be made for calls over trunk lines.

(2) Calls over trunk lines or from public telephones will be considered effective, and the time will be calculated from the moment that the number called has answered.

(3) The Department cannot guarantee the attendance of any particular person desired at the number asked for, but all reasonable efforts will be made to obtain the attendance of a particular person at the number asked for if the calling subscriber makes the request

at the time he asks for the use of the trunk line. A uniform fee of 3d. shall be charged for this service, in addition to any ordinary trunk or messenger fees incurred, irrespective of the success or failure of the attempt to obtain the required person.

(4) If any person desires that a messenger shall be sent to call any non-subscriber or other person to speak over any trunk line, the service will be performed on payment of the following charges in addition to any other charges for the use of the trunk line:—

(a) For a messenger sent to call to the telephone any person who resides within the usual radius of free delivery of telegrams, 3d.

(b) For a messenger sent to call to the telephone any person who resides beyond the radius of free delivery of telegrams, in addition to the fee of 3d., the usual porterage fees charged for the delivery of telegrams shall be made.

At offices where messengers are not provided by the Department, the services specified in paragraphs (a) and (b) of this sub-regulation cannot be performed.

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

Overview

The Provisional Regulations under the Post and Telegraph Act 1901-1913, enacted in 1915, were introduced to address the need for urgent amendments to the existing telephone regulations. These amendments were made by the Governor-General in Council, under the authority of the Commonwealth Parliament. The primary objective was to modify the terms and conditions of telephone line rentals and the fees associated with certain telephone services, ensuring they remained in line with the operational needs of the Department while providing clarity and flexibility for subscribers. The policy aim was to balance the operational requirements of the Department with the convenience and rights of subscribers, ensuring that services were delivered efficiently without undue burden on the subscribers.

Scope and Application

The Provisional Regulations under the Post and Telegraph Act 1901-1913, as amended by Statutory Rules 1915, No. 164, primarily apply to individuals and entities seeking to use or rent telephone services provided by the Commonwealth of Australia. These regulations govern the terms and conditions for renting telephone lines, the usage of certain departmental lines, and the charges associated with trunk line calls and related services. The scope of this legislation is national, as it pertains to the overarching Commonwealth framework established by the Post and Telegraph Act. The regulations specify that telephone lines must be rented for a minimum period of one year, with options for extensions or terminations under certain conditions. Additionally, the regulations detail the fees for using departmental lines for conversations, including charges for additional time, messenger services, and porterage fees, depending on the location of the person being contacted. Notably, the regulations explicitly exclude certain scenarios where pre-existing lines are available and outline the circumstances under which the notice to discontinue service can be waived. The provisions outlined in these regulations are subject to modification through subordinate instruments, allowing for the dynamic adjustment of terms and fees as necessary.

Key Provisions

The amended Regulations under the Post and Telegraph Act 1901-1913 provide significant changes to the rental of telephone lines and the fees associated with their use. Regulation 11 now requires that telephone lines must be rented for a period of at least one year, unless spare or idle lines already exist from the premises to the Exchange (Regulation 12). The rental can be terminated by either the subscriber or the Deputy Postmaster-General with one month's written notice (Regulation 11(2)). If the subscriber dies, the notice can be waived if the line is an ordinary telephone line, no special agreement is in force, and the notice would involve payment of rent beyond the date for which rent has already been paid (Regulation 11(4)). Regulation 33 specifies that telephone lines connecting Department offices may be used by subscribers or the general public, subject to conditions and fees, provided they do not interfere with the Department's work. Additional fees of 3d. are charged for time during which the trunk line is engaged if the person to be spoken to can be called by telephone, and further fees are imposed if a messenger is required to call the person (Regulation 33(1)-(2)). Regulation 53 sets out that charges for calls over trunk lines are uniform at 3d., and additional fees apply if a messenger is required to call a non-subscriber or other person (Regulation 53(3)-(4)). These Regulations impose several obligations on the parties involved. Subscribers must adhere to the rental periods specified and provide one month's notice if they intend to discontinue the use of the line. The Deputy Postmaster-General must ensure that the terms of the rental agreements are followed and may terminate the rental with one month's notice if necessary. The Department must ensure that the use of telephone lines for conversations does not interfere with its ordinary work and must charge the specified fees for such use. The Department is also required to make reasonable efforts to obtain the attendance of a particular person at the number asked for if requested by the calling subscriber. Breach of these Regulations may lead to civil consequences, such as the enforcement of specified fees and charges. Although the document does not explicitly state criminal penalties, non-compliance with terms of service or rental agreements could potentially result in administrative actions or disputes under the broader legislative framework governing telecommunications. The precise legal consequences would depend on the specific nature of the breach and the terms of the applicable agreements.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.