Post and Telegraph

No. 63 of 1970

An Act to amend the Post and Telegraph Act 1901-1968 in relation to the Registration of Newspapers for Postal Purposes and to amend certain Regulations under that Act.

[Assented to 1 October 1970]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Post and Telegraph Act 1970.

(2.) The Post and Telegraph Act 1901-1968 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Post and Telegraph Act 1901-1970.

Commencement.

2.—(1.) Subject to the next two succeeding sub-sections, this Act shall be deemed to have come into operation on the nineteenth day of August, One thousand nine hundred and seventy.

(2.) Sub-sections (2.) and (4.) of section 4 of this Act shall come into operation on the first day of October, One thousand nine hundred and seventy.

(3.) Sub-section (3.) of section 4 of this Act shall come into operation on the first day of January, One thousand nine hundred and seventy-one.

Registration of newspapers.

3. Section 29 of the Principal Act is amended—

(a) by omitting sub-section (2.) and inserting in its stead the following sub-sections:—

“(2.) A separate part of the register shall be kept for the registration of Category ‘A’ newspapers, and a newspaper that is registered in that part shall be deemed to be registered as a Category ‘A’ newspaper and a newspaper that is registered in the remaining part of the register shall be deemed to be registered as a Category ‘B’ newspaper.

“(2a.) As soon as practicable after the date of commencement of this sub-section, the Director in each State shall transfer to the part of the register established for the registration of Category ‘A’ newspapers all newspapers that were registered immediately before that date at the General Post Office of that State and are Category ‘A’ newspapers.

“(2b.) The Director in a State may, as appropriate, transfer the registration of a newspaper from one part of the register to the other part, but the registration of a newspaper that is registered as a Category ‘A’ newspaper shall not be so transferred unless the Director has called upon the proprietor, printer or publisher of the newspaper to show cause why the registration should not be so transferred.

“(2c.) The proprietor, printer or publisher of a newspaper that is registered as a Category ‘B’ newspaper may apply to the Director for the re-registration of the newspaper as a Category ‘A’ newspaper and the Director shall, after enquiry, grant or refuse the application.

“(2d.) A newspaper that is published by or on behalf of the Commonwealth or a State, or by or on behalf of an authority of the Commonwealth or of a State, shall not be registered under this section and where such a newspaper was, immediately before the date of commencement of this sub-section, so registered—

(a) the Director shall remove the newspaper from the Register; and

(b) the rates of postage applicable to newspapers registered at a General Post Office do not apply to copies of that newspaper posted on or after that date, including copies printed or published before that date.”; and

(b) by adding at the end thereof the following sub-section:—

“(7.) For the purposes of this section—

‘Category “A” newspaper’ means—

(a) a newspaper—

(i) that consists in substantial part of news, information and articles of special interest to people in a country area or country areas; and

(ii) of which the number of copies sold to persons in country areas is substantially greater than the number of copies sold to persons in other areas;

(b) a newspaper that—

(i) is published by a religious, charitable or welfare organization; and

(ii) consists in substantial part of news, information and articles concerning the activities of that organization or concerning matters relating to religion, charity or welfare; or

(c) a newspaper that—

(i) is published by an educational, scientific or technical organization having as its principal object the dissemination of knowledge; and

(ii) consists in substantial part of news, information and articles relating to educational, scientific or technical subjects or to primary production,

but does not include a newspaper published by a social, recreational or motorists organization, an organization of employers or employees or an organization of persons engaged in, or connected with, business or a class of business or a profession or professions;

‘country area’ means an area in Australia outside the city and suburban areas of the capital cities of the States and of Canberra.”.

Amendment of Regulations.

4.—(1.) The Postal Regulations are amended as set out in the First Schedule to this Act.

(2.) The Postal Regulations are further amended as set out in the Second Schedule to this Act.

(3.) The Postal Regulations are further amended as set out in the Third Schedule to this Act.

(4.) The Telephone Regulations are amended as set out in the Fourth Schedule to this Act.

(5.) Nothing in this section prevents the amendment or repeal by a regulation under the Post and Telegraph Act 1901-1970 of any Regulations as amended by this section.

THE SCHEDULES

FIRST SCHEDULE Section 4 (1.).

Amendments of the Postal Regulations

Articles transmissible as registered periodicals.

1. Regulation 32 of the Postal Regulations is amended by adding at the end thereof the following sub-regulation:—

“(4.) A periodical that is published by or on behalf of the Commonwealth or a State, or by or on behalf of an authority of the Commonwealth or of a State, shall not be registered under these Regulations and where such a periodical was, immediately before the date of commencement of this sub-regulation, so registered—

(a) the Director shall remove the periodical from the register; and

(b) the rates of postage applicable to periodicals registered at a General Post Office do not apply to copies of that periodical posted on or after that date, including copies printed or published before that date.”.

2. Regulation 34 of the Postal Regulations is repealed and the following regulation inserted in its stead:—

Inscription on registered periodicals.

“34. The publisher of a registered periodical shall cause to be printed on the inside or outside of the front or back cover, or, where the periodical has no cover, on the first, second, second-last or last page, of each copy of the periodical that is printed the words ‘Registered for posting as a periodical’, followed by the expression ‘(Category “A”)’ or ‘(Category “B”)’, as the case may be.”.

3. Regulation 40 of the Postal Regulations is repealed and the following regulation inserted in its stead:—

Inscription on registered newspapers.

“40. The publisher of a registered newspaper shall cause to be printed on the inside or outside of the front or back cover, or, where the newspaper has no cover, on the first, second, second-last or last page, of each copy of the newspaper that is printed the words ‘Registered for posting as a newspaper’, followed by the expression ‘(Category “A”)’ or ‘(Category “B”)’, as the case may be.”.

Definition of periodical.

4. Regulation 44 of the Postal Regulations is amended by omitting sub-regulation (2.).

Registration of periodicals.

5. Regulation 46 of the Postal Regulations is amended by adding at the end thereof the following sub-regulations:—

“(2.) A separate part of the register shall be kept for the registration of Category ‘A’ periodicals, and a periodical that is registered in that part shall be deemed to be registered as a Category ‘A’ periodical and a periodical that is registered in the remaining part of the register shall be deemed to be registered as a Category ‘B’ periodical.

“(3.) The Director in a State may, as appropriate, transfer the registration of a periodical from one part of the register to the other part, but the registration of a periodical that is registered as a Category ‘A’ periodical shall not be so transferred unless the Director has called upon the proprietor, printer or publisher of the periodical to show cause why the registration should not be so transferred.

“(4.) The proprietor, printer or publisher of a periodical that is registered as a Category ‘B’ periodical may apply to the Director for the re-registration of the periodical as a Category ‘A’ periodical, and the Director shall, after inquiry, grant or refuse the application.

“(5.) For the purposes of this regulation—

‘Category “A” periodical’ means—

(a) a periodical—

(i) that consists in substantial part of articles and information of special interest to people in a country area or country areas; and

(ii) of which the number of copies sold to persons in country areas is substantially greater than the number of copies sold to persons in other areas;

(b) a periodical that—

(i) is published by a religious, charitable or welfare organization; and

(ii) consists in substantial part of articles and information concerning the activities of that organization or concerning matters relating to religion, charity or welfare; or

First Schedule—continued

(c) a periodical that—

(i) is published by an educational, scientific or technical organization having as its principal object the dissemination of knowledge; and

(ii) consists in substantial part of articles and information relating to educational, scientific or technical subjects or to primary production,

but does not include a periodical published by a social, recreational or motorists organization, an organization of employers or employees or an organization of persons engaged in, or connected with, business or a class of business or a profession or professions;

‘country area’ means any area in Australia outside the city and suburban areas of the capital cities of the States and of Canberra.”.

“(6.) As soon as practicable after the date of commencement of this sub-regulation, the Director in each State shall transfer to the part of the register established for the registration of Category ‘A’ periodicals all periodicals that were registered immediately before that date at the General Post Office of that State and are Category ‘A’ periodicals.”.

Deregistration, or transfer of registration, of newspapers.

6. Regulation 50 of the Postal Regulations is amended—

(a) by omitting the words “when revising the register, as provided by section 29 of the Act”, and inserting in their stead the words “when exercising his powers under section 29 of the Act in relation to the register”; and

(b) by adding at the end thereof the words “or whether its registration should be transferred from one part of the register to the other part”.

SECOND SCHEDULE Section 4 (2.).

Further Amendments of the Postal Regulations

Parts.

1. Regulation 2 of the Postal Regulations is amended by omitting the words—

“Part II.—Air Mail, Mail Notice and Late Fees, Addressing and Withdrawal of Postal Articles, Grouped Articles (Regulations 4-9).”

and inserting in their stead the words—

“Part II.—Air Mail, Addressing and Withdrawal of Postal Articles, Grouped Articles and Late Fees (Regulations 4-8).”.

2. After regulation 3 of the Postal Regulations the following regulation is inserted:—

Definition of “ parcel”.

“3a. For the purposes of the Act, the Rates Act and these Regulations, ‘parcel’ includes a postal article that—

(a) weighs more than one pound; and

(b) is posted in the Commonwealth for delivery in the Commonwealth,

but does not include an article that is so posted and—

(c) weighs not more than one pound; or

(d) is an article referred to in item 2 or item 3 in Part I., or item 2 in Part II., of the First Schedule to the Rates Act.”.

Heading to Part ii.

3. The heading to Part II. of the Postal Regulations is repealed and the following heading inserted in its stead:—

“Part II.—Air Mail, Addressing and Withdrawal of Postal Articles, Grouped Articles and Late Fees.”.

Mail notice.

4. Regulation 9 of the Postal Regulations is repealed.

Maximum weights.

5. Regulation 20 of the Postal Regulations is repealed.

Delivery by special messenger.

6. Regulation 91a of the Postal Regulations is amended—

(a) by inserting before sub-regulation (1.) the following sub-regulation:—

“(1a.) This regulation applies to a postal article that—

(a) is an article to which item 1 in Part I. of the First Schedule to the Rates Act applies; or

(b) is a parcel.”;

(b) by inserting in sub-regulation (1.), after the words “a postal article”, the words “to which this regulation applies”;

Second Schedule—continued

(c) by omitting from paragraph (a) of sub-regulation (1.) the words “prescribed for letters by the Rates Act” and inserting in their stead the words “prescribed by the Rates Act or by these Regulations in relation to that article”;

(d) by omitting from sub-regulation (1.) the words “a fee of Twenty cents” and inserting in their stead the words “the prescribed fee”; and

(e) by inserting after sub-regulation (1.) the following sub-regulation:—

“(2.) The prescribed fee, for the purposes of the last preceding sub-regulation, is—

(a) in the case of an article to which item 1 in Part I. of the First Schedule to the Rates Act applies—Twenty-five cents; and

(b) in the case of a parcel—Fifty cents.”.

Priority paid mail.

7. Regulation 91c of the Postal Regulations is amended—

(a) by inserting in paragraph (a) of sub-regulation (1.), after the words “item 4 in”, the words “Part I. of”;

(b) by omitting from sub-regulation (3.) the words “upon payment of an additional fee equal to the postage that would be payable for the transmission of the article between those places” and inserting in their stead the words “upon payment, in addition to the amount of postage that is payable, independently of this regulation, for the transmission of the article between those places, of the prescribed fee”; and

(c) by adding at the end thereof the following sub-regulation:—

“(4.) The prescribed fee, for the purposes of the last preceding sub-regulation, is—

(a) in the case of an article referred to in paragraph (a) of sub-regulation (1.) of this regulation—an amount equal to the amount of postage referred to in the last preceding sub-regulation; and

(b) in the case of a parcel—Thirty cents.”.

Sale of postmarked and overprinted stamps.

8. Regulation 115 of the Postal Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

“(2.) A set of postage stamps issued in the Commonwealth, being a set in which—

(a) each stamp the face value of which does not exceed Fifty cents is lightly postmarked; and

(b) each other stamp is cancelled by having the word ‘Specimen’ overprinted on its face,

may be purchased at the face value of the stamps referred to in paragraph (a) of this sub-regulation.”.

Services at Philatelic Sections.

9. Regulation 123b of the Postal Regulations is amended—

(a) by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation :—

“(1.) Envelopes designed for philatelic purposes may be supplied by Philatelic Sections upon payment—

(a) in the case of an envelope designed for use with a particular stamp or a particular series of stamps—of Eight cents; or

(b) in any other case—of Four cents.”;

(b) by omitting from sub-regulation (2.) the words “accompanied by payment of the prescribed charge”;

(c) by omitting from sub-regulation (3.) the words “accompanied by payment of the prescribed charge”; and

(d) by omitting sub-regulation (4.).

Demurrage.

10. Regulation 205 of the Postal Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “more than seventy-two hours” and inserting in their stead the words “more than ninety-six hours”; and

(b) by omitting from sub-regulation (1.) all of the words from and including the words “at a rate” and inserting in their stead the words “at the rate of Ten cents for each twenty-four hours or part of twenty-four hours from the expiration of those ninety-six hours until the delivery to the addressee of the article.”.

Second Schedule—continued

11. Regulation 212 of the Postal Regulations is repealed.

Payment of customs duty by sender.

12. Regulation 213 of the Postal Regulations is repealed and the following regulation inserted in its stead:—

General rates of postage on parcels.

“213. Subject to the next succeeding regulation, the postage payable in respect of a parcel addressed to a place within the Commonwealth is at the rate ascertained in accordance with the following table:—

Reduced rate for bulk postage.

13. Regulation 213a of the Postal Regulations is amended by omitting sub-regulations (2.), (3.) and (4.) and inserting in their stead the following sub-regulations:—

“(2.) Where the number of parcels to which this regulation applies, irrespective of the weights of, and the scales applicable to, the individual parcels, is more than five hundred but not more than five thousand, the postage payable on a parcel is at the rate ascertained in accordance with the following table:—

Second Schedule—continued

“(3.) Where the number of parcels to which this regulation applies, irrespective of the weights of, and the scales applicable to, the individual parcels, is more than five thousand but not more than twenty thousand, the postage payable on a parcel is at the rate ascertained in accordance with the following table:—

“(4.) Where the number of parcels to which this regulation applies, irrespective of the weights of, and the scales applicable to, the individual parcels, is more than twenty thousand, the postage payable on a parcel is at the rate ascertained in accordance with the following table:—

Second Schedule—continued

14. Regulation 226 of the Postal Regulations is repealed and the following regulation inserted in its stead:—

Charges for money orders.

“226. For the purposes of sub-section (3.) of section 75 of the Act—

(a) the charge for the issue of a money order payable in the Commonwealth is—

(i) if the amount for which the money order is issued does not exceed Ten dollars— Thirty cents;

(ii) if the amount for which the money order is issued exceeds Ten dollars but does not exceed Two hundred dollars—a charge calculated at the rate of Thirty cents for the first Ten dollars and Ten cents for each additional Ten dollars or part of Ten dollars in the amount for which the money order is issued; or

(iii) if the amount for which the money order is issued exceeds Two hundred dollars— a charge calculated at the rate of Two dollars twenty cents for the first Two hundred dollars and One dollar twenty-five cents for each additional One hundred dollars or part of One hundred dollars in the amount for which the money order is issued; and

(b) the charge for the issue of a money order payable otherwise than in the Commonwealth is—

(i) if the amount for which the money order is issued does not exceed Twelve dollars— Thirty cents; or

(ii) in any other case—a charge calculated at the rate of Five cents for each Two dollars or part of Two dollars in the amount for which the money order is issued.”.

Transfers of money orders.

15. Regulation 238 of the Postal Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

“(2.) The charge for the transfer of payment of a money order under the last preceding sub-regulation is Thirty cents.”.

Denominations of, and charges for, postal orders.

16. Regulation 247 of the Postal Regulations is amended by omitting the table and inserting in its stead the following table:—

Second Schedule—continued

Additional amendments.

17. The Postal Regulations are amended as set out in the following table:—

THIRD SCHEDULE Section 4 (3.).

Further Amendments of the Postal Regulations

Regulation 4 of the Postal Regulations is repealed and the following regulation inserted in its stead:—

Air mail.

“4.—(1.) This regulation applies to a postal article posted for delivery in the Commonwealth that—

(a) is an article to which an item in Part I. of the First Schedule to the Rates Act applies; or

(b) is a parcel.

“(2.) Subject to sub-regulations (4.) and (5.) of this regulation, the sender of a postal article to which this regulation applies may, upon payment of the prescribed fee, in addition to the postage and other charges otherwise payable in respect of the article, obtain the conveyance by air, over so much of the route to be taken by the article as is provided with an air mail service, of that postal article.

Third Schedule—continued

“(3.) The prescribed fee, for the purposes of the last preceding sub-regulation, is—

(a) in the case of an article to which an item in Part I. of the First Schedule to the Rates Act applies—Three cents for each ounce or part of an ounce of the weight of the article; or

(b) in the case of a parcel—Fifty cents for each pound or part of a pound of the weight of the article,

irrespective of the number of air routes within the Commonwealth over which the article is to be conveyed.

“(4.) The Postmaster-General may, from time to time, for the purposes of this regulation, by writing under his hand, determine—

(a) places between which parcels will be conveyed by air at the rates of postage specified in the next succeeding sub-regulation; and

(b) the air route distance between those places.

“(5.) The postage payable for the conveyance by air of parcels between places determined in accordance with the last preceding sub-regulation is—

(a) where the air route distance between those places, as determined in accordance with the last preceding sub-regulation, does not exceed five hundred miles—

(i) in the case of a parcel the weight of which does not exceed three pounds— Eighty cents; or

(ii) in any other case—Twenty cents for each pound or part of a pound;

(b) where the air route distance between those places, as so determined, exceeds five hundred miles but does not exceed one thousand miles—

(i) in the case of a parcel the weight of which does not exceed two pounds— Ninety cents; or

(ii) in any other case—Thirty-five cents for each pound or part of a pound;

(c) where the air route distance between those places, as so determined, exceeds one thousand miles but does not exceed one thousand five hundred miles—Forty-five cents for each pound or part of a pound; or

(d) where the air route distance between those places, as so determined, exceeds one thousand five hundred miles—Sixty-five cents for each pound or part of a pound.”.

FOURTH SCHEDULE Section 4 (4.).

Amendments of the Telephone Regulations

Rate of rental.

1. Regulation 29 of the Telephone Regulations is amended by omitting the table in sub-regulation (2.) and inserting in its stead the following table:—

Fourth Schedule—continued

Additional amendments.

2. The Telephone Regulations are amended as set out in the following table:—