STATUTORY RULES
1909. No. 67.
PROVISIONAL REGULATIONS UNDER THE POST AND TELEGRAPH ACT 1901.
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 following Regulations under the Post and Telegraph Act 1901 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.
Dated this 21st day of June, One thousand nine hundred and nine.
DUDLEY,
Governor-General.
By His Excellency’s Command,
JOHN QUICK.
———
Telephone Regulations.
Part I.—Telephone Exchanges.
1. In these Regulations Statutory Rules 1906, No. 114, as amended by subsequent Statutory Rules, arc referred to as the Telephone Regulations.
2. Sub-sections (2) and (3) of Regulation 7b of the Telephone Regulations arc repealed, and all notices given under the said sub-section (2) shall be deemed to have been withdrawn, and shall be of no effect.
3. After Regulation 7b of the Telephone Regulations, the following Regulations are inserted:—
“7c. (1) Until the appointed day mentioned in the next following Regulation,
(a) every person who was a subscriber at the nineteenth day of March, 1909, shall continue to pay the rates for which he was liable before this Regulation was made;
(b) every person who became a subscriber after the nineteenth day of March, 1909, but before the commencement of this Regulation, may within one month from the commencement of this Regulation elect to pay as from the date of his becoming a subscriber the rates prescribed by Regulation 7, and if he fails to so elect shall continue to pay the rates prescribed by Regulation 7a; and
(c) every person becoming a subscriber after the date of these Regulations shall pay the rates prescribed by Regulation 7.
(2) This Regulation and the next following Regulation shall not apply in the case of lines which are subject to Regulation 34 of these Regulations.”
“7d. (1) The Postmaster-General may, by notice published in the Gazette, fix a day (in these Regulations referred to as the appointed day) being not less than one month after the date of the publication of the notice.
(2) After the appointed day, all subscribers, whether they were or were not subscribers at the nineteenth day of March, 1909, shall pay the rates prescribed by the Regulations in force at the appointed day with respect to new subscribers:
Provided that, with regard to any person who become a subscriber before the nineteenth day of March, 1909, but within one year before the appointed day the day on which the period of one year from his becoming a subscriber expires shall be deemed to be the appointed day.
(3) Any such subscriber may, within fourteen days before the appointed day notify, in writing, to the Deputy Postmaster-General his Intention to discontinue the use of his line or any extension thereof from and after the appointed day, in which case rent will be charged only to the appointed day.”
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
Overview
The Statutory Rules 1909, No. 67, also known as the Provisional Regulations under the Post and Telegraph Act 1901, were enacted to address urgent issues surrounding the regulation of telephone services in Australia. The Governor-General, on the advice of the Federal Executive Council, issued these Provisional Regulations due to their immediacy, which came into effect on 21 June 1909. This legislative instrument was designed to bring about transitional arrangements for the rates payable by telephone subscribers, ensuring a smooth transition while maintaining regulatory oversight. The overarching objective was to provide a structured framework for the implementation of new regulations until the Postmaster-General could formally set a future date for the new rates to take effect, ensuring continuity and fairness for all subscribers involved.
Scope and Application
The Provisional Regulations under the Post and Telegraph Act 1901 apply to persons who are subscribers to telephone services within the Commonwealth of Australia. These Regulations particularly address the payment rates for telephone subscribers, distinguishing between those who were subscribers before the nineteenth of March, 1909, and those who became subscribers after this date but before the commencement of these Regulations. Subscribers who became members after the Regulations took effect must adhere to the new rates prescribed by Regulation 7. Additionally, the Regulations allow subscribers who joined before the specified date but within a year of the appointed day, as defined by the Postmaster-General, to choose whether to continue paying the old rates or to switch to the new rates. This legislative instrument establishes a transitional framework for telephone service charges and is effective across the entire Commonwealth, reflecting the urgency and necessity for immediate implementation as certified by the Governor-General.
Key Provisions
The main operative sections of these Provisional Regulations under the Post and Telegraph Act 1901, as outlined in the Statutory Rules 1909, primarily address the transition of telephone rates for subscribers. Section 7c of these Regulations stipulates that subscribers who were already using the service as of March 19, 1909, must continue to pay their existing rates until a specified date, referred to as the "appointed day," which is to be determined by the Postmaster-General and published in the Gazette (sections 7c(1)(a) and 7d(1)). Subscribers who joined after March 19, 1909, but before the commencement of these Regulations have the option to pay the new rates applicable to new subscribers from their date of subscription if they elect to do so within one month of the Regulations' commencement (section 7c(1)(b)). New subscribers after the commencement of these Regulations will be subject to the new rates prescribed by Regulation 7 (section 7c(1)(c)). However, subscribers using lines governed by Regulation 34 are exempt from the provisions of sections 7c and 7d (section 7c(2)).
These Regulations impose several obligations on the parties involved. Subscribers who were using the service before March 19, 1909, must continue to pay their pre-existing rates until the appointed day, unless they notify the Deputy Postmaster-General of their intention to discontinue service within fourteen days before the appointed day, in which case, they will only be charged until that day (sections 7c(1)(a) and 7d(3)). Subscribers who joined after March 19, 1909, but before the commencement of these Regulations must make an election within one month of the Regulations' commencement to adopt the new rates (section 7c(1)(b)). New subscribers after the commencement of these Regulations must adhere to the new rates prescribed by Regulation 7 (section 7c(1)(c)). The Postmaster-General is responsible for fixing the appointed day and publishing it in the Gazette, ensuring that all subscribers are aware of the transition to the new rates (section 7d(1)).
Breach of these Regulations could lead to civil consequences, particularly for subscribers who fail to adhere to the specified timelines and notifications. For instance, subscribers who do not elect to switch to the new rates within the stipulated period will continue to be charged the old rates unless they notify their intention to discontinue service before the appointed day. Additionally, subscribers who fail to notify their intention to discontinue service within the fourteen-day window before the appointed day will be liable for charges up to that day. While these Regulations do not explicitly outline criminal penalties, non-compliance could potentially lead to disputes or legal actions regarding the charges applied, thus resulting in civil liabilities.