Telephone Regulations (Amendment) (Provisional)

Overview

The Statutory Rules 1914, No. 72, titled "Provisional Regulation under the Post and Telegraph Act 1901-1913," was enacted to address an immediate and urgent need within the existing regulatory framework governing telecommunications in Australia. The Post and Telegraph Act 1901-13 established the foundation for the regulation of postal and telegraph services, but it necessitated amendments to accommodate evolving technological advancements and operational requirements. The regulation, certified by the Governor-General in Council, was designed to come into immediate effect, underscoring the urgency of addressing discrepancies in the cost structure for telephone extension instruments. The enactment body for this legislative instrument was the Governor-General in Council, reflecting the authority vested in the executive to address pressing matters without the delay associated with the parliamentary process. The policy objective, as indicated, was to swiftly rectify inconsistencies in the pricing of extension instruments within the same building, ensuring that the regulatory framework could adapt to the growing complexity and scale of telecommunication infrastructure. This provisional regulation aimed to provide a temporary solution until a more comprehensive legislative update could be enacted.

Scope and Application

The Provisional Regulation under the Post and Telegraph Act 1901-1913 pertains to the amendment of the Telephone Regulations of 1913, specifically altering Regulation 28 concerning the pricing of extension instruments. This legislation applies to the entities involved in the provision and regulation of telephone services within the Commonwealth of Australia. The changes made by this regulation are immediate and are intended to address the cost structure of extension instruments, specifically differentiating between sets of instruments installed within a single building and those installed in multiple sets or as part of a wall pattern. The regulation’s immediate operation is certified by the Governor-General in the context of urgency, ensuring that these changes take effect without delay. It is important to note that the regulation sets forth specific pricing for these instruments, with a distinct rate for extension instruments within the same building when the number exceeds ten, and a separate rate for extension instruments in wall patterns, regardless of quantity. This provisional regulation is subject to further formalisation and may be subject to additional amendments or confirmations through subsequent legislative actions.

Key Provisions

The amended Regulation 28 under the Telephone Regulations of 1913 (Statutory Rules 1913, No. 349) primarily concerns the adjustment of charges for extension instruments, specifically those of the wall pattern. Regulation 28, as amended, replaces the previous pricing structure that applied to 10 sets of instruments or fewer per set with a new rate of £100 per set for extension instruments, wall pattern (Reg. 28). Additionally, it introduces a different rate for extension instruments within the same building when the number exceeds 10 sets (Reg. 28). This change is intended to ensure a more consistent and equitable pricing model for telephone services within buildings that have multiple extension instruments. The obligations imposed by this amendment on the parties involved include adherence to the new pricing structure outlined in Regulation 28. This means that any person or entity providing or using telephone services with extension instruments, particularly those of the wall pattern, must comply with the specified rates. For instance, if a building has more than 10 sets of extension instruments, the new rate of £100 per set must be applied. Failure to comply with these regulations could result in disputes or legal challenges regarding the charges applied. Breach of these regulations could lead to various consequences, depending on the nature and severity of the non-compliance. While the specific offences, penalties, or consequences are not detailed in the provided text, it is reasonable to infer that violations of such regulations could result in fines or other civil penalties under the Post and Telegraph Act 1901-1913. Additionally, persistent or egregious breaches could potentially lead to more serious legal ramifications, including potential criminal charges if the non-compliance is deemed to be part of a broader pattern of unlawful activity. The exact penalties would be determined based on the specific circumstances of the breach and in accordance with the applicable laws and regulations.