Post and Telegraph

No. 70 of 1971

An Act to amend the Post and Telegraph Act 1901-1970 and certain Regulations under that Act.

[Assented to 30 September 1971]

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 1971.

(2.) The Post and Telegraph Act 1901–1970 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 1901–1971.

Commencement.

2. This Act shall come into operation on the first day of October, One thousand nine hundred and seventy-one.

Definitions.

3. Section 3 of the Principal Act is amended by inserting after the definition of “Money order” the following definition:—

“‘Newspaper’ means a copy of a number of a publication registered at a General Post Office as a newspaper, together with any supplement or other material that, in accordance with the regulations, is to be deemed to form part of that number.”.

4. Section 28 of the Principal Act is repealed and the following section inserted in its stead:—

Eligibility for registration as a newspaper.

“28.—(1.) A publication is not eligible for registration at a General Post Office as a newspaper unless—

(a) it is known and recognized as a newspaper in the generally accepted sense of the word;

(b) it is printed and published in Australia;

(c) it is published in numbers at intervals of not more than one month; and

(d) the full title and date of publication are printed on the outside front cover or, where it has no cover, on the first page of each number.

“(2.) Notwithstanding anything in the last preceding sub-section, a publication is not eligible for registration at a General Post Office as a newspaper if it is a publication—

(a) that is published by a person whose ordinary business is not that of publishing for purposes incidental to that person’s business; and

(b) for which that person makes no charge.”.

Registration of newspapers.

5. Section 29 of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words “any newspaper” and inserting in their stead the words “a publication that is eligible to be registered at a General Post Office as a newspaper”;

(b) by omitting sub-sections (2.) to (2c), inclusive, and inserting in their stead the following sub-sections:—

“(2.) Separate parts of the register shall be kept for the registration of Category A newspapers, Category B newspapers and Category C newspapers, and a publication that is registered in one of those parts shall be deemed to be registered at a General Post Office as a Category A newspaper, a Category B newspaper or a Category C newspaper, respectively.

“(2a.) A publication shall not be registered in the part of the register kept for the registration of Category A newspapers unless—

(a) it is published for sale at a specified price, not being a nominal price; and

(b) not less than seventy-five per centum of the copies of each number of the publication are sold to bona fide purchasers (including bona fide subscribers),

and it is—

(c) a publication—

(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;

(d) a publication 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

(e) a publication 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.

“(2aa.) For the purposes of paragraph (c) of the last preceding sub-section, ‘country area’ means an area in Australia outside the city and suburban areas of the capital cities of the States and of Canberra.

“(2ab.) A publication shall not be registered in the part of a register kept for the registration of Category A newspapers if it is 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.

“(2ac.) A publication shall not be registered in the part of the register kept for the registration of Category B newspapers unless—

(a) it is published for bona fide sale at a specified price, not being a nominal price;

(b) not less than seventy-five per centum of the copies of each number of the publication are sold to bona fide purchasers (including bona fide subscribers); and

(c) application for its registration is made not later than the thirty-first day of December, One thousand nine hundred and seventy-one.

“(2ad.) A publication shall not be registered in the part of the register kept for the registration of Category C newspapers unless not less than sixty per centum of the copies of each number of the publication is disposed of to persons each of whom is—

(a) a bona fide purchaser;

(b) a bona fide subscriber; or

(c) a person who has placed a written order with the proprietor, printer or publisher of the publication, or an agent of the proprietor, printer or publisher, for the supply of copies of the publication to him otherwise than by way of sale.

“(2b.) The Director in the State at the General Post Office in which a newspaper is registered may, of his own motion or upon application being made under either of the next two succeeding sub-sections, transfer the registration of the newspaper from one part of the register to another part, but the Director shall not exercise his powers under this sub-section adversely to the proprietor, printer or publisher of the newspaper without giving to that person an opportunity of being heard.

“(2c.) The proprietor, printer or publisher of a newspaper that is registered as a Category B newspaper or a Category C newspaper may apply to the Director for the re-registration of the newspaper as a Category A newspaper.

“(2ca.) Subject to paragraph (c) of sub-section (2ac.) of this section, the proprietor, printer or publisher of a newspaper that is registered as a Category C newspaper may apply to the Director for the re-registration of the newspaper as a Category B newspaper.”; and

(c) by omitting sub-section (7.).

Prepayment of postage.

6. Section 32 of the Principal Act is amended by omitting from sub-section (1.) all of the words from and including the words “:Provided, however”.

7. Section 34 of the Principal Act is repealed and the following section inserted in its stead:—

Prepayment of postage in money in prescribed circumstances.

“34. Prepayment of postage may be made in money in the prescribed circumstances and upon the prescribed conditions.”.

How dead letters, &c., disposed of at General Post Office.

8. Section 48 of the Principal Act is amended—

(a) by omitting the words “letter and packet” and inserting in their stead the words “postal article”; and

(b) by omitting all of the words from and including the words “, but every newspaper”.

Regulations.

9. Section 97 of the Principal Act is amended by omitting paragraph (i) of sub-section (1.) and inserting in its stead the following paragraph:—

“(i) Prescribing—

(i) the manner of dealing with postal articles supposed to contain goods in respect of which duties of Customs are payable; and

(ii) fees to be paid in respect of the delivery of postal articles that contain such goods.”.

Penalty for falsely sending newspapers.

10. Section 106 of the Principal Act is amended by omitting the words “but a supplement”.

Amendment of Regulations.

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

(2.) Subject to the next succeeding sub-section, the last preceding sub-section has no effect in relation to a postal article that was posted before the commencement of this Act.

(3.) The amendment of regulation 172 of the Postal Regulations made by this Act has effect in relation to an article that was posted on or after the first day of July, One thousand nine hundred and seventy-one.

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

(5.) Nothing in this section prevents the amendment or repeal by a regulation under the Post and Telegraph Act 1901–1971 of any Regulations as amended by this section.

THE SCHEDULES

FIRST SCHEDULE Section 11(1.).

Amendments of the Postal Regulations

Airmail.

1. Regulation 4 of the Postal Regulations is amended—

(a) by omitting from sub-paragraph (i) of paragraph (a) of sub-regulation (5.) the words “three pounds—Eighty cents” and inserting in their stead the words “four pounds—One dollar”;

(b) by omitting from sub-paragraph (i) of paragraph (b) of sub-regulation (5.) the words “Ninety cents” and inserting in their stead the words “One dollar”;

(c) by omitting paragraph (c) of sub-regulation (5.) and inserting in its stead the following paragraph:—

“(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—

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

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

(d) by omitting from paragraph (d) of sub-regulation (5.) the words “Sixty-five cents” and inserting in their stead the words “Seventy cents”.

Grouped articles.

2. Regulation 6 of the Postal Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulations:—

“(2.) Where—

(a) a postal article comprises more than one article (none of which is a parcel);

(b) the articles comprised in that postal article would not, if each of them were posted as a separate postal article, be transmissable at the same rate of postage; and

(c) the postal article is posted in a dual container and complies with the requirements for the time being determined by the Postmaster-General, by instrument in writing, in relation to the posting of articles in dual containers,

the postage payable is an amount equal to the sum of the postage that would be payable if the articles comprised in the postal article were posted separately, less One cent.

“(3.) In the last preceding sub-regulation, ‘dual container’ means a container of a kind that is for the time being determined by the Postmaster-General by instrument in writing to be a dual container.”.

Inscription on registered periodicals.

3. Regulation 34 of the Postal Regulations is amended by omitting the words “‘(Category “A”) ’or‘(Category “B”)’” and inserting in their stead the words “‘(Category A)’, ‘(Category B)’ or ‘(Category C)’”.

4. Regulation 35 of the Postal Regulations is repealed and the following regulation inserted in its stead:—

Supplements to registered periodicals.

“35.—(1.) A publication or other printed matter that—

(a) is issued as a supplement to a particular number of a registered periodical;

(b) does not, of itself or in combination with other publications or printed matter so issued, exceed that number of the periodical in weight;

(c) comprises a single sheet or piece of paper or other material or two or more such sheets or pieces that—

(i) are bound or otherwise joined together; or

(ii) are so identified with each other as to form a whole;

First Schedule—continued

(d) is of such a size and shape, or is so folded, as not to protrude beyond the extremities of the pages of the periodical; and

(e) is printed and published in Australia,

is, for the purposes of this regulation, a supplement to that periodical.

“(2.) Notwithstanding anything contained in the last preceding sub-regulation, matter—

(a) that—

(i) is issued with a number of a Category A registered periodical or a Category B registered periodical; and

(ii) consists of merchandise (including samples of merchandise) that is not in the nature of a supplement to a publication in the generally accepted sense; or

(b) that—

(i) is issued with a number of a Category C registered periodical; and

(ii) consists of merchandise of the kind referred to in the last preceding paragraph other than samples of such merchandise,

is not a supplement to that periodical for the purposes of this regulation.

“(3.) A supplement to a registered periodical shall be deemed, for the purposes of the Rates Act, to form part of that periodical if—

(a) the supplement—

(i) has the full title of that periodical and the date of the number of that periodical with which it is issued printed on its front cover or, where it has no cover, on its first page or, where such an inscription cannot be legibly placed on either the cover or the first page or it has neither cover nor pages, in a conspicuous place; and

(ii) if it is a supplement to a Category A registered periodical or a Category B registered periodical, it is printed wholly on paper; or

(b) the supplement consists of—

(i) an order form, business reply post-card or business reply envelope relating to the periodical itself; or

(ii) a business reply post-card or a business reply envelope relating to advertisements in that number of the periodical.”.

5. Regulation 39 of the Postal Regulations is repealed and the following regulation inserted in its stead:—

Supplements to registered newspapers.

“39.—(1.) A publication or other printed matter that—

(a) is issued as a supplement to a particular number of a registered newspaper;

(b) does not, of itself or in combination with other publications or printed matter so issued, exceed that number of the newspaper in weight;

(c) comprises a single sheet or piece of paper or other material or two or more such sheets or pieces that—

(i) are bound or otherwise joined together; or

(ii) are so identified with each other as to form a whole;

(d) is of such a size and shape, or is so folded, as not to protrude beyond the extremities of the pages of the newspaper; and

(e) is printed and published in Australia,

is, for the purposes of this regulation, a supplement to that newspaper.

First Schedule—continued

“(2.) Notwithstanding anything contained in the last preceding sub-regulation, matter—

(a) that—

(i) is issued with a number of a Category A registered newspaper or a Category B registered newspaper; and

(ii) consists of merchandise (including samples of merchandise) that is not in the nature of a supplement to a publication in the generally accepted sense; or

(b) that—

(i) is issued with a number of a Category C registered newspaper; and

(ii) consists of merchandise of the kind referred to in the last preceding paragraph other than samples of such merchandise,

is not a supplement to that newspaper for the purposes of this regulation.

“(3.) A supplement to a registered newspaper shall be deemed, for the purposes of the Rates Act, to form part of that newspaper if—

(a) the supplement—

(i) has the full title of that newspaper and the date of the number of that newspaper with which it is issued printed on its front cover or, where it has no cover, on its first page, or, where such an inscription cannot be legibly placed on either the cover or the first page or it has neither cover nor pages, in a conspicuous place; and

(ii) if it is a supplement to a Category A registered newspaper or a Category B registered newspaper, it is printed wholly on paper; or

(b) the supplement consists of—

(i) an order form, business reply post-card or business reply envelope relating to the newspaper itself; or

(ii) a business reply post-card or a business reply envelope relating to advertisements in that number of the newspaper.”.

Inscription on registered newspapers.

6. Regulation 40 of the Postal Regulations is amended by omitting the words “‘(Category “A”)’ or ‘(Category “B”)’” and inserting in their stead the words “‘(Category A)’, ‘(Category B)’ or ‘(Category C)’”.

7. Regulations 44, 45 and 46 of the Postal Regulations are repealed and the following regulations inserted in their stead:—

Eligibility for registration as a periodical.

“44.—(1.) A publication is not eligible for registration at a General Post Office as a periodical unless—

(a) it is a magazine, review or similar publication that is published for the dissemination of information of public interest or is devoted to literature, the sciences, the arts or religious, technical or practical subjects;

(b) it is printed and published in Australia;

(c) it is regularly published in numbers at intervals of not more than three months;

(d) the full title and date of publication are printed on the outside of the front cover or, where it has no cover, on the first page of each number; and

(e) it is formed of printed paper pages that are of uniform shape and area or of printed paper pages—

(i) the majority of which are of uniform shape and area; and

(ii) the remainder of which are of such shape and area, or are so folded, as not to protrude beyond the extremities of the majority of the pages.

First Schedule—continued

“(2.) Notwithstanding anything in the last preceding sub-regulation, a publication is not eligible for registration at a General Post Office as a periodical if—

(a) it contains profane, blasphemous, indecent, obscene, immoral or seditious matter; or

(b) it is a publication—

(i) that is published by a person whose ordinary business is not that of publishing for purposes incidental to that business; and

(ii) for which that person makes no charge.

Application for registration of periodical.

“45.—(1.) The proprietor, printer or publisher of a publication that is eligible for registration as a periodical may apply to the Director in a State to have it registered as a periodical at the General Post Office in that State.

“(2.) An application for registration shall—

(a) be made in writing;

(b) contain a description of the publication to be registered;

(c) state the intervals at which the publication is published;

(d) state the Category in which registration is sought; and

(e) be accompanied by—

(i) a copy of each of the latest two numbers of the publication; and

(ii) a statutory declaration by the applicant in accordance with the next succeeding: sub-regulation.

“(3.) The statutory declaration referred to in the last preceding sub-regulation shall state—

(a) in the case of a statutory declaration accompanying an application for the registration of a publication as a Category A periodical or a Category B periodical—

(i) whether the publication is printed and published in Australia for bona fide sale at a specified price;

(ii) the actual price at which the publication is sold; and

(iii) the proportion of the copies of each number of the publication that are sold to bona fide purchasers (including bona fide subscribers);

(b) in the case of a statutory declaration accompanying an application for the registration of a publication as a Category C periodical—

(i) whether the publication is printed and published in Australia for bona fide sale at a specified price or for issue, with or without payment, to persons who have placed with the proprietor, printer or publisher of the publication, or with an agent of the proprietor, printer or publisher, an order in writing for the publication; and

(ii) the proportion of the copies of each number of the publication that are disposed of to persons who are bona fide purchasers (including bona fide subscribers) or have placed written orders with the proprietor, printer or publisher of the publication, or an agent of the proprietor, printer or publisher, for the supply of the publication to those persons by way of sale or otherwise; and

(c) in either case—whether any previous application has been made for registration in accordance with these Regulations of the publication under the same or another title.

Registration of periodicals.

“46.—(1.) If a publication in respect of which an application has been made in accordance with the last preceding regulation is eligible to be registered as a periodical, the Director shall register it accordingly.

“(2.) Separate parts of the register shall be kept for the registration of Category A periodicals, Category B periodicals and Category C periodicals, and a periodical that is registered in one of those parts shall be deemed to be registered at a General Post Office as a Category A periodical, a Category B periodical or a Category C periodical, respectively.

First Schedule—continued

“(3.) A publication shall not be registered in the part of the register kept for the registration of Category A periodicals unless—

(a) it is published for sale at a specified price, not being a nominal price; and

(b) not less than seventy-five per centum of the copies of each number of the publication are sold to bona fide purchasers (including bona fide subscribers),

and it is—

(c) a publication—

(i) that consists in substantial part of 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;

(d) a publication that—

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

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

(e) a publication 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 information and articles relating to educational, scientific or technical subjects or to primary production.

“(4.) For the purposes of paragraph (c) of the last preceding sub-regulation, ‘country area’ means an area in Australia outside the city and suburban areas of the capital cities of the States and of Canberra.

“(5.) A publication shall not be registered in the part of the register kept for the registration of Category A periodicals if it is 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.

“(6.) A publication shall not be registered in the part of the register kept for the registration of Category B periodicals unless—

(a) it is published for bona fide sale at a specified price, not being a nominal price;

(b) not less than seventy-five per centum of the copies of each number of the publication are sold to bona fide purchasers (including bona fide subscribers); and

(c) application for its registration is made not later than the thirty-first day of December, One thousand nine hundred and seventy-one.

“(7.) A publication shall not be registered in the part of the register kept for the registration of Category C periodicals unless not less than sixty per centum of the copies of each number of the publication is disposed of to persons each of whom is—

(a) a bona fide purchaser;

(b) a bona fide subscriber; or

(c) a person who has placed a written order with the proprietor, printer or publisher of the publication, or an agent of the proprietor, printer or publisher, for the supply of copies of the publication to him otherwise than by way of sale.

“(8.) The Director in the State at the General Post Office in which a periodical is registered may, of his own motion or upon application being made under either of the next two succeeding sub-regulations, transfer the registration of the periodical from one part of the register to another part, but the Director shall not exercise his powers under this sub-regulation adversely to the proprietor, printer or publisher of the periodical without giving to that person an opportunity of being heard.

“(9.) The proprietor, printer or publisher of a periodical that is registered as a Category B periodical or a Category C periodical may apply to the Director for the re-registration of the periodical as a Category A periodical.

First Schedule—continued

“(10.) Subject to paragraph (c) of sub-regulation (6.) of this regulation, the proprietor, printer or publisher of a periodical that is registered as a Category C periodical may apply to the Director for the re-registration of the periodical as a Category B periodical.”.

De-registration of periodicals.

8. Regulation 47 of the Postal Regulations is amended by omitting the words “to conform to the definition of a periodical contained in these Regulations” and inserting in their stead the words “to be eligible to be registered as a periodical”.

9. Regulations 48 and 49 of the Postal Regulations are repealed and the following regulations inserted in their stead:—

Evidence of continued compliance with regulations.

“48. The Director in the State at the General Post Office in which a registered periodical is registered may at any time call upon the proprietor, printer or publisher of that periodical to furnish a statutory declaration as to its continued compliance with the requirements of these Regulations with respect to its registration.

Application for registration of newspaper.

“49.—(1.) The proprietor, printer or publisher of a publication eligible for registration as a newspaper may apply to the Director in a State to have it registered as a newspaper at the General Post Office in that State.

“(2.) The application for registration shall—

(a) be made in writing;

(b) contain a description of the publication to be registered;

(c) state the intervals at which the publication is published;

(d) state the Category in which registration is sought; and

(e) be accompanied by—

(i) a copy of each of the latest two numbers of the publication;

(ii) a statutory declaration by the applicant in accordance with the next succeeding sub-regulation;

(iii) a statutory declaration in accordance with sub-regulation (4.) of this regulation by each of two persons who is engaged in the business of printing, publishing or newsagency but is not in any way interested in the proprietorship, printing or publishing of the publication and is not a subscriber to it; and

(iv) the fee referred to in sub-section (1.) of section 29 of the Act.

“(3.) The statutory declaration referred to in sub-paragraph (ii) of paragraph (e) of the last preceding sub-regulation shall state—

(a) in the case of a statutory declaration accompanying an application for registration in Category A or Category B—

(i) whether the publication is printed and published in Australia for bona fide sale at a specified price;

(ii) the actual price at which the publication is sold; and

(iii) the proportion of the copies of each number of the publication that are sold to bona fide purchasers (including bona fide subscribers);

(b) in the case of a statutory declaration accompanying an application for registration in Category C—

(i) whether the publication is printed and published in Australia for bona fide sale at a specified price or for issue, with or without payment, to persons who have placed with the proprietor, printer or publisher of the publication, or with an agent of the proprietor, printer or publisher, an order in writing for the publication; and

(ii) the proportion of the copies of each number of the publication that are disposed of to persons who are bona fide purchasers (including bona fide subscribers) or have placed written orders with the proprietor, printer or publisher of the publication, or an agent of the proprietor, printer or publisher, for the supply of the publication to those persons by way of sale or otherwise; and

(c) in either case—whether any previous application has been made for registration of the publication under the same or another title.

First Schedule—continued

“(4.) Each of the declarations referred to in sub-paragraph (iii) of paragraph (e) of sub-regulation (2.) of this regulation shall be a declaration that states—

(a) that the declarant is personally acquainted with the publication and recognizes it as a newspaper in the generally accepted sense;

(b) that, to the best of the knowledge and belief of the declarant, the purchasers and other recipients of the publication recognize it as a newspaper in the generally accepted sense;

(c) that, to the best of the knowledge and belief of the declarant, the publication is not recognized as a magazine, review or other similar publication; and

(d) that the declarant is not the proprietor, printer or publisher of the publication, in any way interested in the proprietorship, printing or publishing of the publication, or a subscriber to the publication.”.

Evidence of continued compliance with requirements for registration.

10. Regulation 50 of the Postal Regulations is amended by omitting the words “as to the total percentage of copies issued which are sold to bona fide purchasers or to bona fide subscribers,” and inserting in their stead the words “as to its continued compliance with the requirements of the Act and of these Regulations with respect to its registration”.

Payment of postage otherwise than by sender.

11. Regulation 60 of the Postal Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

“(2.) The conditions referred to in the last preceding sub-regulation may, for the purpose of defraying the cost of providing the service, include a provision that the person by whom the postage is payable shall pay a surcharge calculated, in respect of the postal articles to which this regulation applies that are delivered to that person on a particular day—

(a) where the number of those articles is not more than nineteen—at the rate of Three cents for each article;

(b) where the number of those articles is more than nineteen but not more than ninety-nine—at the rate of Two cents for each article; and

(c) where the number of those articles is more than ninety-nine—at the rate of One and one-half cents for each article,

but, where the surcharge so calculated includes a fraction of a cent, the surcharge payable is the next higher amount that does not include a fraction of a cent.”.

12. Regulation 96 of the Postal Regulations is repealed and the following regulation inserted in its stead:—

Customs clearing charge.

“96. A postal charge of Twenty cents shall be collected from the addressee on the delivery of each postal article other than a parcel that is received from a place outside the Commonwealth and contains goods in respect of which duties of Customs are payable.”.

Services at Philatelic Sections.

13. Regulation 123b of the Postal Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) Envelopes for philatelic purposes may be supplied by Philatelic Sections upon payment of an amount for each envelope of—

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

(i) where the quantity of envelopes supplied is less than one thousand—Nine cents; or

(ii) where the quantity of envelopes supplied is not less than one thousand—Seven cents; or

(b) in any other case—Five cents.”.

14. Regulation 176d of the Postal Regulations is repealed and the following regulations are inserted in its stead:—

Compensation.

“176d.—(1.) Where a postal article that was posted for transmission as certified mail was lost or the whole or part of the contents of such a postal article was lost, damaged or rifled while the article was in the course of transmission through the post, compensation shall, subject to this regulation, be payable in accordance with these Regulations in respect of the loss, damage or rifling.

First Schedule—continued

“(2.) Payment of compensation under the last preceding sub-regulation shall be made—

(a) to the sender of the article; or

(b) where the sender of the article has, by instrument in writing, waived his right to receive payment in favour of the person to whom the registered postal article is, or was, addressed, to that person.

“(3.) Compensation is not payable under this regulation—

(a) where the loss or damage arose wholly or in part from—

(i) any defect in the packing or fastening, or the unsuitability, of the container, having regard to the nature of its contents;

(ii) any fault on the part of the sender;

(iii) an act of God, acts of the Queen’s enemies, tempest, shipwreck, earthquake, war, civil strife or other causes beyond the control of the Postmaster-General;

(b) where application for compensation is made after the expiration of twelve months after the date of posting of the article concerned;

(c) in respect of an article containing anything not legally transmissible by post;

(d) in respect of loss or damage to anything enclosed in a letter card;

(e) for injury or damage alleged to have been sustained in consequence of loss, damage, delay, non-delivery or mis-delivery; or

(f) except as an act of grace, in respect of any article which has been delivered without external trace of injury or has been accepted by the addressee without complaint as to its condition.

“(4.) For the purposes of sub-paragraph (i) of paragraph (a) of the last preceding sub-regulation, the acceptance of an article for transmission as certified mail shall not be construed as an admission by the Postmaster-General that the article was properly packed at the time of posting.

“(5.) Where damage occurs to a postal article transmitted as certified mail that contains eggs, fish, meat, fruit, vegetables, greases, liquids, semi-liquids or anything which, because of its exceptionally fragile nature, cannot be adequately protected against damage during transmission by post, compensation is not payable in respect of—

(a) damage of any kind to the contents; or

(b) loss of contents through insecurity of, damage to or breakage of the container.

“(6.) Compensation is not payable in respect of the loss of, or damage to, the contents of a postal article transmitted as certified mail that contains jewellery or other valuables unless—

(a) the jewellery was, or other valuables were, enclosed in a strong box or case;

(b) the box or case was securely covered with a wrapper of linen, canvas, strong paper or other substantial material and was securely fastened; and

(c) the address was written on the cover of the article.

“(7.) Compensation is not payable in respect of the loss of coins contained in a postal article transmitted as certified mail unless the coins were so packed that they could not move about.

“(8.) In the case of claims for the loss of the contents, in whole or in part, of a postal article, the Postmaster-General may replace the contents of the article instead of paying compensation.

Limit of compensation.

“176da. The compensation payable under the last preceding regulation shall not, in any case, exceed—

(a) the value of the article lost or the amount of the damage sustained; or

(b) an amount of Twenty dollars,

whichever is the less.

First Schedule—continued

Documents to accompany claim.

“176db.—(1.) A claim for compensation shall be accompanied by—

(a) a statutory declaration made by the claimant setting forth—

(i) the date when and the place where the article was posted, so far as this information can reasonably be ascertained;

(ii) a description of the article and its value so far as known to the claimant;

(iii) the grounds on which the claim for compensation is based; and

(iv) any other particulars tending to establish the loss of or damage to the article and to verify the claim made; and

(b) a statutory declaration made—

(i) where the claimant is the sender of the article—by the person to whom the article is, or was, addressed;

(ii) where the claimant is the person to whom the article is, or was, addressed—by the sender of the article,

or by some other person acquainted with the facts of the matter, confirming the statements made by the claimant as to the loss of, or damage to, the article.

“(2.) The Director may, if he thinks fit, require further information to be furnished as to the nature or value of the contents of an article or as to the loss of or damage to an article.

Articles found after compensation paid.

“176dc. If a postal article transmitted as certified mail in respect of which compensation for loss has been paid subsequently comes into the hands of the Postmaster-General, the Postmaster-General may dispose of the article as he thinks fit.”.

15. Regulation 203 of the Postal Regulations is repealed and the following regulation inserted in its stead:—

Customs clearing charge.

“203. A postal charge of Thirty cents shall be collected from the addressee on the delivery of each parcel that is received from a place outside the Commonwealth and contains goods in respect of which duties of Customs are payable.”.

16. 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:—

First Schedule—continued

Reduced rate for bulk postage.

17. 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:—

“(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:—

First Schedule—continued

“(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:—

Denominations of, and charges for, Postal Orders.

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

First Schedule—continued

Additional amendments.

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

SECOND SCHEDULE Section 11(4.).

Amendments of the Telephone Regulations

Parts.

1. Regulation 3 of the Telephone Regulations is amended by omitting the words—

“Division 1.—General (Regulation 133a).

Division 1a.—Manual Trunk Calls (Regulations 133b–144aa).

Division 2.—Metered Trunk Calls (Regulations 144b–144c).”

and inserting in their stead the words—

“Division 1.—General (Regulations 133a–135).

Division 2.—Manual Trunk Calls (Regulations 135aa–144aa).

Division 3.—Automatic Trunk Calls (Regulations 144b–144c).”.

Rate of rental.

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

Temporary exchange services.

3. Regulation 88 of the Telephone Regulations is amended—

(a) by omitting from paragraph (a) the words “Twelve dollars” and inserting in their stead the words “Fifteen dollars”; and

(b) by omitting from paragraph (b) the words “, with a minimum charge of Fifty cents for any service;” and inserting in their stead the word “; and”.

Repeal

4. Regulation 133b of the Telephone Regulations, and the heading immediately preceding, that regulation, are repealed.

Calls from public telephones.

5. Regulation 135 of the Telephone Regulations is amended by omitting the words “the next two succeeding regulations” and inserting in their stead the words “regulations 135a and 135b of these Regulations”.

6. After regulation 135 of the Telephone Regulations the following heading and regulation are inserted:—

“Division 2.—Manual Trunk Calls.

Application.

“135aa. This Division does not apply to a trunk call that is an automatic trunk call within the meaning of Division 3 of this Part.”.

Second Schedule—continued

Charges for trunk calls.

7.—(1.) Regulation 138 of the Telephone Regulations is amended by omitting the table in sub-regulation (1.) and inserting in its stead the following table:—

(2.) Regulation 138 of the Telephone Regulations is amended by omitting the table in sub-regulation (2.) and inserting in its stead the following table:—

Calls to particular person.

8. Regulation 141 of the Telephone Regulations is amended by omitting the table in sub-regulation (2.) and inserting in its stead the following table:—

9. Division 2 of Part VII. of the Telephone Regulations is repealed and the following Division inserted in its stead:—

“Division 3.—Automatic Trunk Calls.

Interpretation.

“144b.—(1.) In this Division, ‘automatic trunk call’ means a trunk call the connexion of which to the telephone to which the call is made is effected without the assistance of a telephonist at an exchange, not being the receiving exchange.

Second Schedule—continued

“(2.) For the purposes of this Division, the chargeable period in relation to an automatic trunk call is the period ascertained for that call by reference to the following table:—

Fees.

“144c. The fee payable for an effective automatic trunk call is the sum of—

(a) an amount equal to the local-call fee; and

(b) a further amount equal to the local-call fee in respect of each complete chargeable period included in the period of the call.”.

Temporary private services.

10. Regulation 152 of the Telephone Regulations is amended—

(a) by omitting from paragraph (a) of sub-regulation (2.) the words “Twelve dollars” and inserting in their stead the words “Fifteen dollars”; and

(b) by omitting from paragraph (b) of sub-regulation (2.) the words “, with a minimum charge of Fifty cents for any service”.

Additional amendments.

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