Telephone Regulations (Amendment) (Provisional)

Overview

The Statutory Rules 1914, No. 71, amends the Telephone Regulations of 1913 under the Post and Telegraph Act 1901-1913. Enacted by the Governor-General, acting on the advice of the Federal Executive Council, this provisional regulation was introduced due to an urgency, aiming to modify the revenue calculation for telephone services as defined in sub-regulation 47(9). This legislative instrument seeks to adjust the financial considerations for telephone services, including allowances to property owners, costs associated with lighting public telephones, and a deduction for service provision costs. The urgency of the amendment underscores its importance in the efficient operation of postal and telegraph services during that period.

Scope and Application

The Provisional Regulation under the Post and Telegraph Act 1901-13, as outlined in Statutory Rules 1914, No. 71, amends the Telephone Regulations of 1913 and comes into immediate effect due to urgency. This legislation applies to entities and individuals involved in the provision of telephone services, including those operating under the auspices of the Commonwealth's Department responsible for post and telegraph services. The regulation specifically addresses the calculation of revenue for public telephones, taking into account payments to premises owners or occupiers, costs of providing light for public telephones, and a deduction of ten per cent of the cost of providing the telephone facility. The regulation's jurisdiction extends nationally, reflecting its Commonwealth-level enactment, and it operates without explicit geographic limitations. Notably, the regulation excludes any allowances or costs not explicitly mentioned within its stipulations, thereby delineating the scope of financial considerations for public telephones. The application and interpretation of these provisions may be further detailed or restricted through subordinate instruments issued under the authority of the Act.

Key Provisions

The main operative sections of this Provisional Regulation under the Post and Telegraph Act 1901-1913 primarily focus on the amendment of the Telephone Regulations of 1913, specifically altering Sub-regulation (9) of Regulation 47. The new Sub-regulation (9) redefines what is meant by "revenue or estimated revenue" for the purposes of these regulations (Sub-regulation 47(9)). This redefinition includes the revenue to be retained by the Department after specific payments and deductions are made, such as an allowance to the owner or occupier of the premises housing the telephone, the cost of providing light for the public telephone, and a deduction of ten per cent of the cost of providing the facility. The obligations imposed by this amended regulation are primarily administrative and financial in nature. The Department must now calculate revenue in a manner that includes the aforementioned payments and deductions. This includes ensuring that any allowance to the owner or occupier of the premises is paid, the cost of providing light for the public telephone is accounted for, and a ten per cent deduction of the facility cost is applied to the revenue calculation. These obligations are critical for maintaining accurate financial records and ensuring compliance with the amended regulation. Any breach of this Provisional Regulation could potentially lead to civil or criminal consequences, although the specific nature of these consequences is not detailed in the text. Given that this is a provisional regulation, it is likely that the consequences for non-compliance would follow similar lines to those of the overarching Post and Telegraph Act 1901-1913. This may include fines or other penalties as prescribed by the Act. However, the exact maximum penalties are not specified in the provided text and would need to be referred to in the primary legislation or further amendments. The importance of compliance cannot be understated, as it ensures the smooth operation of the telecommunications services governed by these regulations.