STATUTORY RULES

1933. No. 88.

 

REGULATIONS UNDER THE POST AND TELEGRAPH ACT 1901-1923 AND THE WIRELESS TELEGRAPHY ACT 1905-1919.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Post and Telegraph Act 1901-1923 and the Wireless Telegraphy Act 1905-1919, to come into operation forthwith.

Dated this twenty-sixth day of July, 1933.

ISAAC A. ISAACS

Governor-General.

By His Excellency’s Command,

ARCHDALE PARKHILL

Postmaster-General.

 

General Regulations.

Short title.

1. These Regulations may be cited as the General Regulations.

Information not to be divulged.

2. Except under the directions of the Deputy Postmaster-General a postmaster or other employee shall not supply information regarding the financial position of any person, firm or company.

Giving of change.

3. It shall not be compulsory for post-office officials to give change; and when money is paid at a post office, whether as change or otherwise, no question as to its right amount, goodness, or weight shall be considered after it has been removed from the counter.

Loitering in Post Offices.

4. Any person who loiters in a post office or telegraph office shall be guilty of an offence, and shall be liable, on conviction, to a penalty not exceeding £5, and any person found so loitering may be ejected.

Production of documents.

5.—(1.) If any person who is a party in any legal proceedings between private litigants, or the solicitor of that person, desires the production of an official document as evidence in the proceedings, the person or his solicitor may make application on Form A or Form B

2374.—Price 3d.


set out hereunder, whichever is appropriate to the circumstances, to the Deputy Postmaster-General in whose custody the document is, for the production of the document:—

FORM A.

In the Court

at

19 No.

Plaintiff.

and

Defendant.

Whereas an action is now pending in the Court of at              in the State of              in which              is plaintiff and              is defendant. And whereas it is necessary for the purposes of justice and for the due determination of the matters in dispute between (a)              and (b)              that the documents more particularly described in the Schedule hereunder written should be produced and shown forth on the hearing of the above action.

Now therefore I as (c) have the honour to request, and do hereby request, that for the reasons aforesaid and for the assistance of the said Court, you, as the Deputy Postmaster-General of the State of                            will be pleased to cause the said documents to be produced and shown forth on my behalf at the sittings of the said Court to be holden at                            on              the              day of              19              at the hour of              o’clock in the              noon and so from day to day until the above action is tried.

Dated the day of 19 .

Plaintiff or Defendant.

To the Deputy Postmaster-General of the State of

 

Schedule.

Full Particulars of Documents Required.

Date.

 

 

 

(a) Plaintiff.

 

(b) Defendant.

 

(c) Plaintiff or defendant.

 

FORM B.

In the Court

at

No. 19 .

Plaintiff.

and

Defendant.

Whereas an action is now pending in the Court of at in the State of              in which              is plaintiff, and              is defendant.


And whereas it has been represented to me as solicitor for the above-named (a) that it is necessary for the purposes of justice and for the due determination of the matters in dispute between the parties that the documents more particularly described in the Schedule hereunder written should be produced and shown forth on the hearing of the above action.

Now therefore I as such solicitor as aforesaid have the honour to request, and do hereby request, that for the reasons aforesaid and for the assistance of the said Court, you, as the Deputy Postmaster-General of the State of              , will be pleased to cause the said documents to be produced and shown forth on behalf of (a)                            at the sittings of the said Court to be holden at              on the              day of              19              at the hour of              o’clock in the              noon and so from day to day until the above action is tried.

Dated the day of 19 .

Solicitor, (a)

and Solicitor for the (a)

To the Deputy Postmaster-General of the State of

 

Schedule.

Full Particulars of Documents Required.

Date.

 

 

(a) Plaintiff or defendant.

(2.) If there be no objection on the part of the Department to comply with the application, a notice to that effect shall be forwarded to the person making the application, who shall thereupon pay to the Deputy Postmaster General—

(a) a fee of One guinea; and

(b) a sum sufficient to meet any expenses necessary for the officer searching for or producing the document.

Stamp duty not payable on receipts.

6. Stamp duty under the law of any State shall not be payable on receipts given in connexion with any transaction under the Postal, Telegraph, Telephone, or Wireless Regulations.

Advertising on departmental property.

7. The Postmaster-General may, upon such conditions and at such rates as he from time to time determines, use or lease space on any property under his control for the purpose of the exhibition of advertisements and commercial displays.

Business after normal hours.

8.—(1.) Arrangements may be made to keep any official office open for the transmission or receipt of telegrams or telephone messages after the normal hours of service, upon notice being given to the postmaster or officer in charge at least one hour before the ordinary time of closing, and upon payment of a fee of One shilling and sixpence for each thirty minutes, or portion thereof, during which it is desired the office shall be kept open. If more than one office is so kept open, those fees shall be payable in respect of each office.

Provided that in any town in which a morning newspaper is published daily or tri-weekly on alternate mornings, and where the newspaper regularly receives press telegrams, the telegraph office shall be kept open for the transmission and receipt of press business up to midnight without charge if, during the time in each week the office is kept open


specially for press business, the number of words contained in the press telegrams received by the newspaper averages three hundred words or more per hour:

Provided further that the proprietor of a newspaper shall not be called upon to pay any fee for keeping a telegraph office open on any Sunday, or public holiday, in cases where the telegraphic business of such newspaper on that day amounts to One pound ten shillings in value, and where the opening of only one office is required:

Provided also that in cases where the value of the telegraphic business of a newspaper on any Sunday or public holiday would, if combined with the fee charged for keeping a telegraph office open, exceed One pound ten shillings, only such portion of the fee shall be charged as will bring the value of the telegraphic business and the fee combined up to One Pound ten shillings. If the opening of more than one office is required, the fees prescribed by this regulation shall be paid in respect of each additional office.

(2.) All telegrams or telephone messages transmitted shall be paid for at the prescribed rates.

(3.) In cases of a specially urgent nature, where it is not possible to give the notice stipulated in sub-regulation (1.) of this regulation, telegrams or telephone messages may be transmitted after the office has been closed for the day, provided the attention of the officer in charge of the office with which it is desired to transact business can be obtained. The charges for this service shall be the same as indicated in sub-regulation (1.) of this regulation.

(4.) Offices closed during luncheon hours may be re-opened on payment of the fee prescribed by sub-regulation (1.) of this regulation. Provided that where the office is opened for the transmission of a telegram, urgent rates shall be paid in respect of such telegram in addition to the prescribed opening fee.

(5.) Only the person who pays for keeping an office open after the ordinary business hours is entitled to transact business during such special attendance. Should any other person desire to transact business at such time, he may do so on payment of the above-mentioned charges.

Provided that if any office be kept open for the receipt of press telegrams for more than one newspaper, only one charge shall be made and such charge shall be divided equally between the newspapers concerned.

(6.) When it is desired to open an office, other than the local telegraph office, in order that a telegram may be transmitted to its destination, before the usual time of re-opening, the telegram must bear, before the address, the supplementary instruction “OFPAID” (for “Opening Fee Paid”) which shall be counted and charged for as one word. Where more than one office, other than the local office, has to be specially opened to transmit the telegram to its destination, the amount paid to open offices (other than the local office) shall also be shown, for example—“3s. OFPAID”. This instruction shall be counted and charged for as two words.

Repeal.

9. Postal Regulations 240, 241, 255, 256, 258 and 258a, Telegraph Regulations 7 and 79a, and Telephone Regulations 22, 23, 24 and 172 are repealed.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.