POST AND TELEGRAPH ACT 1974

No. 61 of 1974

An Act to amend the Post and Telegraph Act 1901-1973 and certain Regulations under that Act.

BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows: —

Short title and citation.

1. (1) This Act may be cited as the Post and Telegraph Act 1974.

(2) The Post and Telegraph Act 1901-1973 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 1901-1974.

Commencement.

2. This Act shall come into operation on 1 October 1974.

Definitions.

3. (1) Section 3 of the Principal Act is amended by inserting after the definition of “Construct” the following definition: —

“‘ Courier postal article’ means any article collected for delivery by the Post Office Courier Service.”.

(2) Section 3 of the Principal Act is amended by adding at the end thereof the following sub-sections:—

“(2) Subject to sub-section (3)—

(a) this Act extends to the Australian Antarctic Territory and the Territory of Heard Island and McDonald Islands; and

(b) for the purposes of this Act, those Territories shall be deemed to be within Australia and to be part of the State of Victoria.

“(3) Notwithstanding anything contained in sub-section (3), the Overseas Telecommunications Commission (Australia) may exercise and perform, in and in relation to the Australian Antarctic Territory and the Territory of Heard Island and McDonald Islands, the powers, functions and duties conferred on it by the Overseas Telecommunications Act 1946-1973 in respect of the establishment, maintenance and operation of overseas telecommunication services, as if this Act did not extend to those Territories.

“(4) In sub-section (3), ‘overseas telecommunications services’ has the same meaning as in the Overseas Telecommunications Act 1946-1973.”.

Department.

4. Section 4 of the Principal Act is amended by adding at the end thereof the words “, and of other like services provided under this Act”.

Every parcel sent by post if not a packet, parcel or newspaper to be deemed a letter.

5. Section 11 of the Principal Act is repealed.

Packets may be defined.

6. Section 12 of the Principal Act is repealed.

Postal articles from places outside Australia.

7. Section 20 of the Principal Act is amended by omitting the words “shall be collected on or before delivery” and substituting the words “shall be paid by the person who accepts delivery”.

Arrangements for postage to be other than prepaid.

8. Section 21 of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(4) An arrangement under sub-section (1) or (2) is subject to the regulations.”.

9. Section 23 of the Principal Act is amended by omitting sub-section (1) and substituting the following sub-sections:—

“(1) Subject to this Act and the regulations, where the postage on a postal article posted for delivery in Australia is not fully prepaid, the postal article may be transmitted and delivered, but there shall be paid by the person who accepts delivery an amount equal to double the amount of the deficiency in the postage, and the amount to be so paid shall be written on the postal article by an authorized officer.

“(1a) Postage on a loose postal article received from the master of a vessel shall be collected on delivery at the rate that would be chargeable in respect of that article if it were posted at the place of delivery for delivery at the place at which it was so received.”.

Prepayment of postage unnecessary on postal articles containing certain returns of births, deaths, &c.

10. Section 25 of the Principal Act is amended by omitting the words “letters or packets” (twice occurring) and substituting the words “postal articles”.

Prepayment of postage unnecessary on postal articles containing electoral matter.

11. Section 27 of the Principal Act is amended by omitting the words “letters or packets” (twice occurring) and substituting the words “postal articles”.

Registration of newspapers.

12. Section 29 of the Principal Act is amended—

(a) by omitting sub-section (2ab) and substituting the following sub-section:—

“(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.”;

(b) by omitting sub-sections (2acb) to (2ad), inclusive, and substituting the following sub-sections: —

“(2acb) Where a publication that was, in accordance with sub-section (2acb) of section 29 of the Post and Telegraph Act 1901-1973, transferred to the part of the register kept for the registration of Category C newspapers is a publication that—

(a) is published by a non-profit organization of persons who are employers or who are otherwise engaged in, or connected with, business or a class of business or a profession or professions; and

(b) is so published for the education (in relation to the role of employers or in relation to business, that class of business, that profession or those professions, as the case may be) of those persons and of students,

that publication shall—

(c) if it has not, during the period that commenced on 1 March 1974 and ended on 30 September 1974, ceased to be registered as a newspaper—be transferred to the part of the register kept for the registration of Category B newspapers; or

(d) if it has, during that period, ceased to be so registered—upon application being made, not later than 30 June 1975, by the proprietor, printer or publisher of the publication for the registration of the publication as a Category B newspaper, be registered in the part of the register kept for the registration of Category B newspapers if it has the same characteristics required by this section as it had before it ceased to be registered as a newspaper.

“(2acc) Where–

(a) a publication (in this sub-section referred to as ‘the former publication’) was, in accordance with sub-section (2acb) of section 29 of the Post and Telegraph Act 1901-1973, transferred to the part of the register kept for the registration of Category C newspapers;

(b) during the period that commenced on the date on which the former publication was so transferred and ended on 30 September 1974, it ceased to be published;

(c) the cessation of publication of the former publication was, in the opinion of the Director in the State at the General Post Office in which the publication was registered, attributable to its being so transferred;

(d) application is made, not later than 30 June 1975, by the proprietor, printer or publisher of a publication (in this sub-section referred to as ‘the new publication’) for the registration of that publication as a Category B newspaper;

(e) that proprietor, printer or publisher was the proprietor, printer or publisher of the former publication immediately before its transfer to the part of the register kept for the registration of Category C newspapers; and

(f) the new publication—

(i) bears the same name, and has the same characteristics required by this section, as the former publication; and

(ii) complies with paragraphs (a) and (b) of sub-section (2acb),

the new publication shall be registered in part of the register kept for the registration of Category B newspapers.

“(2acd) Where, at any time after 28 February 1975, copies of a Category A newspaper or Category B newspaper are sent or carried for hire or reward otherwise than by post or the Post Office Courier Service, the Director in the State at the General Post Office in which the newspaper is registered may transfer the registration of the newspaper to the part of the register kept for the registration of Category C newspapers.

“(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 60 per centum of the copies of each number of the publication are 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.”; and

(c) by omitting sub-section (6) and substituting the following sub-section:—

“(6) A postal article that comprises—

(a) a newspaper that is not registered under this section;

(b) a registered newspaper that is posted otherwise than in accordance with the requirements of this Act and the regulations with respect to the posting of registered newspapers; or

(c) a registered newspaper and other material that is not a supplement to that newspaper for the purposes of the regulations,

shall be treated as a standard article or a non-standard article, as the case requires.”.

Prepayment of postage.

13. Section 32 of the Principal Act is amended by adding at the end thereof the following sub-section: —

“(3) Postal articles comprising postcards or correspondence enclosed in envelopes, being postcards or envelopes issued by the Department and appropriately marked, for purposes connected with the services provided by the Department under this Act, including the notification of changes of address and telephone number, may be transmitted free by post for delivery within Australia. ”.

Registration.

14. Section 38 of the Principal Act is amended—

(a) by omitting from sub-section (1) the words “any letter packet or newspaper” and substituting the words “an article ”; and

(b) by omitting sub-section (3).

Declaration to be made where missing postal article contained valuable enclosure.

15. Section 39 of the Principal Act is amended by omitting the words “letter or packet” and substituting the words “postal article”.

Power to examine registered publications.

16. Section 42 of the Principal Act is amended—

(a) by omitting from sub-section (1) the words “any newspaper or packet sent by post without a cover or in a cover open at the ends or sides and bearing less than the letter rate of postage” and substituting the words “a registered newspaper or periodical sent by post at the rate specified in clause 3 or 4 in Part I of Schedule 1 to the Rates Act”; and

(b) by omitting from sub-section (2) the words “as a newspaper or packet” and substituting the words “at the rate referred to in sub-section (1) ”.

Undelivered postal articles.

17. Section 46 of the Principal Act is amended by omitting sub-sections (4) and (5).

Opening of unclaimed postal articles.

18. Section 49 of the Principal Act is amended by inserting after the words “a justice of the peace” the words “or a postmaster”.

Manner of dealing with opened postal articles containing items of value.

19. Section 51 of the Principal Act is amended—

(a) by omitting from sub-section (1) the words “undelivered letter or packet” and substituting the words “undelivered postal article”;

(b) by omitting from paragraph (a) of sub-section (1) the words ‘‘letter or packet’’ and substituting the words “postal article’’;

(c) by omitting from paragraph (b) of sub-section (1) the words “letter or packet” (twice occurring) and substituting the words “postal article”;

(d) by omitting from paragraph (c) of sub-section (1) the words “letter or packet” (thrice occurring) and substituting the words “postal article”;

(e) by omitting sub-section (2);

(f) by omitting from sub-section (3) the words “letter or packet” (wherever occurring) and substituting the words “postal article”;

(g) by omitting from sub-section (4) the words “letter or packet” and substituting the words “postal article ”; and

(h) by omitting from sub-section (5) the words “letter or packet” and substituting the words “postal article ”.

Postal articles not to be returned except in certain cases.

20. Section 54 of the Principal Act is amended—

(a) by inserting after the word “Act” the words “or the regulations”; and

(b) by omitting the words ‘‘letter packet or newspaper’’ and substituting the words “postal article”.

Despatch and delivery of packets, &c., may be delayed.

21. Section 61 of the Principal Act is repealed.

Power to destroy books, documents, telegrams, &c.

22. Section 64 of the Principal Act is amended by omitting from sub-section (1) the words “orders for delivery of letters” and substituting the words “orders for delivery of postal articles”.

Post Office Courier Service.

23. After section 64 of the Principal Act the following section is inserted:—

“64a. (1) In this section, ‘article transmissible by courier service’ means any article transmissible by post and any other article that, under the regulations, is transmissible by courier service.

“(2) The Postmaster-General may, subject to and in accordance with the regulations, establish and operate a courier service (to be known as the ‘Post Office Courier Service’), being a service that provides for the collection, at the request of a person using the service, of an article, being an article transmissible by courier service, from a place specified by or on behalf of the person and the conveyance and delivery of the article to another place so specified.

“(3) The courier service so established may, subject to and in ac­cordance with the regulations, provide for the collection from a post office of a postal article transmitted by post to the post office and the conveyance and delivery of the article to a place other than a post office, and for the collection of a postal article from a place other than a post office and the conveyance and delivery of that article to a post office and the lodging of the article (on behalf of the person using the service) for transmission by post to another place.

“(4) Any reference in section 13, 15, 17, 18, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116 or 158 to mails or to postal articles shall be read as including a reference to courier postal articles and the reference in section 107 to the post shall be read as including a reference to the Post Office Courier Service.

“(5) Sub-section (1) of section 98 does not apply to the sending or carriage of a letter by the Post Office Courier Service.

“(6) Without limiting the generality of the power of the Governor-General to make regulations under section 97, that power includes the power to make regulations, not inconsistent with this Act, prescribing all matters necessary or convenient to be prescribed for and in relation to the establishment and operation of the Post Office Courier Service and, in particular, regulations prescribing the conditions of the receipt, conveyance and delivery of courier postal articles.”.

Interpretation.

24. Section 96A of the Principal Act is amended by omitting from the definition of “Post Office Services” in sub-section (1) the words “postal and telegraphic services” and substituting the words “postal, telegraphic and like services”.

Regulations.

25. Section 97 of the Principal Act is amended by omitting paragraph (d) of sub-section (1) and substituting the following paragraph:—

“(d) Providing for—

(i) the transmission and delivery of postal articles;

(ii) the conditions under which postal articles may be received, transmitted, delivered, returned to the senders or otherwise disposed of;

(iii) the fees to be charged for the transmission, delivery, return insurance and registration of postal articles; and

(iv) the manner in which those fees are to be paid and the arrangements as to the collection of any Customs duties or any other duties or fees which may lawfully be pay­able in respect of any postal article.

Penalty for falsely sending certain articles.

26. Section 105 of the Principal Act is amended by omitting the words “packet or parcel” (twice occurring) and substituting the word “article”.

Schedule 2.

27. Schedule 2 to the Principal Act is amended—

(a) by inserting in Forms A and B, after the words “postal article”, (wherever occurring), the words “or courier postal article ”;

(b) by omitting from Form D the words “Declaration of the Particulars relating to a Missing Letter or Packet Containing a Valuable Enclosure Unregistered.” and substituting the words “DECLARATION OF PARTICULARS RELATING TO A MISSING UNREGISTERED POSTAL ARTICLE CONTAINING A VALUABLE ENCLOSURE”;

(c) by omitting from questions 1, 2, 3 and 4 of that form the words “letter or packet” and substituting the words “postal article”;

(d) by omitting from question 5 in that form the words “letter and”; and

(e) by omitting from questions 7, 8 (1) and 9 of that form the words “letter or packet ’’ and substituting the words ‘‘postal article ’’.

Amendment of Regulations.

28. (1) The Postal Regulations are amended as set out in Schedule 1.

(2) Sub-section (1) has no effect in relation to a postal article posted before the commencement of this Act.

(3) The Postal and Telegraphic Services (General) Regulations are amended as set out in Schedule 2.

(4) The Radio-telephone Exchange Service Regulations are amended as set out in Schedule 3.

(5) The Telegraph Regulations are amended as set out in Schedule 4.

(6) The Telephone Regulations are amended as set out in Schedule 5.

(7) Nothing in this section prevents the amendment or repeal by a regulation under the Post and Telegraph Act 1901-1974 of any Regulations as amended by this section.

__________

SCHEDULE 1 Section 28(1)

AMENDMENTS OF THE POSTAL REGULATIONS

Parts.

1. Regulation 2 of the Postal Regulations is amended by omitting all of the words relating to Parts II, III and IV and substituting the following words:—

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

Part III—Maximum Weight and Dimensions of, and Restrictions relating to, Postal Articles (Regulations 12-14).”.

Definition of “parcel”.

2. Regulation 3a of the Postal Regulations is amended—

(a) by omitting paragraph (b) and substituting the following paragraph:—

“(b) is posted in Australia for delivery in Australia or a Territory other than Papua New Guinea.”; and

(b) by omitting from paragraph (d) the words “item 2 or 3 ” and substituting the words “clause 3”.

Part II.

3. The heading to Part II of the Postal Regulations is amended by omitting the words “, Grouped Articles ’’.

Air mail carriage of parcels.

4. Regulation 4 of the Postal Regulations is amended by omitting sub-regulation (5) and substituting the following sub-regulation:—

“(5) The postage payable for the conveyance by air of a parcel between places determined in accordance with sub-regulation (4) is the sum of $1 and an amount ascertained in accordance with the following table:—

Grouped articles.

5. Regulation 6 of the Postal Regulations is repealed.

Late fees.

6. Regulation 7 of the Postal Regulations is amended—

(a) by omitting from sub-regulation (1) the words “the amount of the postage, calculated at the rate specified in item 1 in Part I of Schedule 1 to the Rates Act, payable for the transmission of a letter weighing not more than 20 grams” and substituting the words “the amount of postage specified in clause 1 in Part I of Schedule 1 to the Rates Act”; and

(b) by omitting from sub-regulation (2) the words “is Twenty cents” and substituting the words “is 25 cents”.

Part III.

7. The heading to Part III of the Postal Regulations is repealed and the following heading substituted:—

SCHEDULE 1–continued

“PART III—MAXIMUM WEIGHT AND DIMENSIONS OF, AND RESTRICTIONS RELATING TO, POSTAL ARTICLES”.

8. Regulation 12 of the Postal Regulations is repealed and the following regulation substituted:—

Weight and dimensions.

“12. A postal article shall not—

(a) weigh more than 20 kilograms;

(b) exceed 1 metre in length; or

(c) be such that the sum of its length and its maximum girth exceeds 2 metres.”.

Part IV.

9. Part IV of the Postal Regulations is repealed.

Dimensions.

10. Regulation 28 of the Postal Regulations is repealed.

Publications not eligible for registration as books.

11. Regulation 42 of the Postal Regulations is repealed.

Registration of periodicals.

12. Regulation 46 of the Postal Regulations is amended—

(a) by omitting sub-regulation (5) and substituting the following sub-regulation:—

“(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.”; and (b) by omitting sub-regulations (6b) to (7), inclusive, and substituting the following sub-regulations:—

“(6b) Where a publication that was, in accordance with sub-regulation (6b) of regulation 46 of the Postal Regulations as in force on 30 September 1974, transferred to the part of the register kept for the registration of Category C periodicals is a publication that—

(a) is published by a non-profit organization of persons who are employers or who are otherwise engaged in, or connected with, business or a class of business or a profession or professions; and

(b) is so published for the education (in relation to the role of employers or in relation to business, that class of business, that profession or those professions, as the case may be) of those persons and of students,

that publication shall—

(c) if it has not, during the period that commenced on 1 March 1974 and ended on 30 September 1974, ceased to be registered as a periodical—be transferred to the part of the register kept for the registration of Category B periodicals; or

(d) if it has, during that period, ceased to be so registered—upon application being made, not later than 30 June 1975, by the proprietor, printer or publisher of the publication for the registration of the publication as a Category B periodical, be registered in the part of the register kept for the registration of Category B periodicals if it has the same characteristics required by this regulation as it had before it ceased to be registered as a periodical.

“(6ba) Where—

(a) a publication (in this sub-section referred to as ‘the former publication’) was, in accordance with sub-regulation (6b) of regulation 46 of the Postal Regulations as in force on 30 September 1974, transferred to the part of the register kept for the registration of Category C periodicals;

(b) during the period that commenced on the date on which the former publication was so transferred and ended on 30 September 1974, it ceased to be published;

(c) the cessation of publication of the former publication was, in the opinion of the Director in the State at the General Post Office in which the publication was registered, attributable to its being so transferred;

SCHEDULE 1—continued

(d) application is made, not later than 30 June 1975, by the proprietor, printer or publisher of a publication (in this sub-regulation referred to as ‘the new publication’) for the registration of that publication as a Category B periodical;

(e) that proprietor, printer or publisher was the proprietor, printer or publisher of the former publication immediately before its transfer to the part of the register kept for the registration of Category C periodicals; and

(f) the new publication—

(i) bears the same name, and has the same characteristics required by this regulation, as the former publication; and

(ii) complies with paragraphs (a) and (b) of sub-regulation (6b),

the new publication shall be registered in the part of the register kept for the registration of Category B periodicals.

“(6bb) Where, at any time after 28 February 1975, copies of a Category A periodical or Category B periodical are sent or carried for hire or reward otherwise than by post or the Post Office Courier Service, the Director in the State at the General Post Office in which the periodical is registered may transfer the registration of the periodical to the part of the register kept for the registration of Category C periodicals.

“(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 60 per centum of the copies of each number of the publication are 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. ”.

Prepayment of postage in cash.

13. Regulation 59 of the Postal Regulations is amended by omitting sub-regulations (1) and (2) and substituting the following sub-regulations:—

“(1) Where a person posts a sufficient number of articles at one time, the postage payable, together with any registration fees or certified mail fees that are applicable, may be paid in cash.

“(2) For the purposes of sub-regulation (1), a sufficient number of articles is—

(a) in the case of articles, other than parcels, that are posted by a person with whom the Postmaster-General has made an arrangement in pursuance of section 21 of the Act—75 articles;

(b) in the case of articles, other than parcels, that are posted by any other person—150 articles; and

(c) in the case of parcels—30 articles. ’’.

Payment of postage otherwise than by sender.

14. Regulation 60 of the Postal Regulations is amended—

(a) by omitting paragraphs (a), (b) and (c) of sub-regulation (2) and substituting the following paragraphs:—

“(a) where the number of those articles is not more than 19—at the rate of 4 cents for each article;

(b) where the number of those articles is more than 19 but not more than 99—at the rate of 2.5 cents for each article; and

(c) where the number of those articles is more than 99—at the rate of 2 cents for each article,”; and

(b) by inserting after sub-regulation (2) the following sub-regulations:—

“(2a) Where the conditions referred to in sub-regulation (1) (including conditions imposed before the commencement of this sub-regulation) include a provision that a postal article shall have written on the front of its cover the words ‘Business Reply Post’ together with a number allocated by the Postmaster-General for that purpose, the conditions may, for the purpose of defraying the cost of providing the service, also include a provision that the person by whom the postage is payable shall pay, in addition to any surcharge payable in accordance with sub-regulation (2), a fee of $10 for the use of the service during a specified period of 12 months, being such a period that commences not earlier than 1 April 1975.

SCHEDULE 1-continued

 “(2b) Where the conditions referred to in sub-regulation (1) include a provision that a postal article shall have written on the front of its cover the word ‘Freepost’ together with a number allocated by the Postmaster-General for that purpose, the conditions may, for the purpose of defraying the cost of providing the service, also include a provision that the person by whom the postage is payable shall pay, in addition to any surcharge payable in accordance with sub-regulation (2), a fee of $60 for the use of the service during a specified period of 12 months.’’.

Insufficiently prepaid postal articles.

15. Regulation 63 of the Postal Regulations is amended by omitting from sub-regulation (4) all of the words from and including the words “provided that” to and including the words “Parcel Post”.

Delivery at post offices.

16. Regulation 83 of the Postal Regulations is amended by omitting from sub-regulation (3) all of the words from and including the words “to that effect” and substituting the words “in accordance with regulation 99, have his correspondence re-directed from that post office.”.

Carriage of articles by mail contractors.

17. Regulation 86 of the Postal Regulations is repealed.

Delivery by special messenger.

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

(a) by omitting sub-regulation (1a) and substituting the following sub-regulation:—

“(1a) This regulation applies to a postal article other than an article to which clause 3 or 4 in Part I of Schedule 1 to the Rates Act applies. and

(b) by omitting sub-regulation (2) and substituting the following sub-regulation:—

“(2) The prescribed fee, for the purposes of sub-regulation (1), is—

(a) in the case of an article other than a parcel—65 cents; and

(b) in the case of a parcel—90 cents.’’.

19. Regulations 91b and 91c of the Postal Regulations are repealed and the following regulations substituted:—

Express delivery of articles outside Australia.

“91b. The sender of a postal article that is addressed for delivery in a country outside Australia, being a country that makes provision for the express delivery of postal articles included in a class of postal articles in which that article is included, may, upon payment of a fee of 65 cents, obtain the express delivery of that postal article.

Priority paid mail.

“91c. (1) The Postmaster-General may, from time to time, by writing signed by him, determine the places between which mail may be conveyed by the priority paid mail service.

“(2) Where the Postmaster-General has made a determination under sub-regulation (1) in relation to 2 places, a person who sends a postal article from 1 of those places to the other may, upon compliance with such conditions as the Postmaster-General determines and—

(a) in the case of an article other than a parcel—upon payment of postage at the rate ascertained in accordance with Part II of Schedule 1 to the Rates Act; or

(b) in the case of a parcel—upon payment of a fee of 40 cents in addition to the amount of postage and other charges otherwise payable for the transmission of the parcel by post between those places,

obtain the conveyance of the article by means of the priority paid mail service. ”.

Undelivered postal articles generally.

20. Regulation 103 of the Postal Regulations is amended by omitting sub-regulation (5) and substituting the following sub-regulation:—

“(5) Where the cover or wrapper of an undelivered newspaper or periodical bears in print the inscription ‘Return postage guaranteed’ and the name and address of the sender, the newspaper or periodical shall be returned to the sender on payment of postage at the rate specified in whichever of clauses 1 and 2 in Part I of Schedule 1 to the Rates Act is applicable.”.

SCHEDULE 1–continued

21. Regulation 118 of the Postal Regulations is repealed and the following regulation sub­stituted:—

Stamps issued in former currency not to be re-purchased.

“118. Regulations 116 and 117 do not authorize the re-purchase of postage stamps indicating an amount in the currency provided for by the Coinage Act 1909-1947.”.

Fees.

22. Regulation 129 of the Postal Regulations is amended by omitting sub-regulations (1) and (2) and substituting the following sub-regulations:—

“(1) The fee, payable in advance, for the clearance of a box on days other than days included in a prescribed class of days is—

(a) if the box is on the ground floor—$250; or

(b) in any other case—$400.

“(2) Where a box is also cleared on days included in a prescribed class of days, there is payable in advance, in respect of each such class of days on which the box is cleared, an additional fee of $65.

“(2a) For the purposes of sub-regulations (1) and (2), each of the following classes of days is a prescribed class of days:—

(a) Saturdays;

(b) Sundays;

(c) holidays.”.

Fees for balance of year.

23. Regulation 137a of the Postal Regulations is repealed.

Fees for balance of year.

24. Regulation 148a of the Postal Regulations is repealed.

Postmaster may require addressee to open certain articles.

25. Regulation 161 of the Postal Regulations is repealed.

26. Regulation 162 of the Postal Regulations is repealed and the following regulation sub­stituted:—

Preparation of articles for registered post.

“162. An article (other than a letter-card or post-card) for transmission within Australia or to an external Territory shall not be accepted for registration unless—

(a) it is enclosed in a cover which is in a sound condition; and

(b) it is securely bound or sealed.’’.

Weight and dimensions.

27. Regulation 186 of the Postal Regulations is repealed.

28. After regulation 194 of the Postal Regulations the following regulations are inserted:—

Compensation.

“195. (1) Where the whole or part of the contents of a parcel that was posted in Australia for delivery in Australia or a Territory other than Papua New Guinea was lost or removed from the parcel or damaged while the parcel 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, removal or damage.

“(2) Payment of compensation under sub-regulation (1) shall be made—

(a) to the sender of the parcel; or

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

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

(a) in respect of—

(i) a parcel that was posted in accordance with regulation 213a;

SCHEDULE 1–continued

(ii) a registered parcel; or

(iii) a parcel that was posted for transmission as certified mail;

(b) 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; or

(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;

(c) where application for compensation is made after the expiration of 12 months after the date of posting of the parcel;

(d) in respect of a parcel containing anything not legally transmissible by post;

(e) for injury or damage alleged to have been sustained in consequence of the loss, removal or damage;

(f) in respect of the loss or removal of jewellery or other valuables from a parcel;

(g) in respect of damage to contents the nature of which is such that they cannot be adequately protected against damage during transmission through the post; or

(h) except as an act of grace, in respect of a parcel that 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 (b) of sub-regulation (3), the acceptance of a parcel for transmission by post shall not be construed as an admission by the Postmaster-General that the parcel was properly packed at the time of posting.

“(5) The Postmaster-General may replace the contents of the parcel instead of paying compensation.

Limit of compensation.

“196. The compensation payable under regulation 195 shall not, in any case, exceed—

(a) the value of so much of the contents as was lost or removed or the amount of the damage sustained; or

(b) $10,

whichever is the less.

Documents to accompany claim.

“196a. (1) A claim for compensation under regulation 195 shall be accompanied by—

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

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

(ii) a description of the contents of the parcel and their value so far as is 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, removal or damage alleged by him and to verify the claim made; and

(b) a statutory declaration made—

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

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

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

“(2) The Director may, if he thinks fit, require further information to be provided as to the nature or value of the contents of a parcel or as to any loss, removal or damage alleged by a claimant.

SCHEDULE 1-continued

Contents found after compensation paid.

“196b. If any part of the contents of a parcel in respect of which compensation has been paid under regulation 195 subsequently comes into the hands of the Postmaster-General, the Postmaster-General may dispose of that part of the contents of the parcel as he thinks fit. ”,

Parcels containing valuables.

29. Regulation 197 is amended—

(a) by omitting sub-regulation (2); and

(b) by omitting from sub-regulation (3) the words “postal notes” and substituting the words “postal orders”.

General rates of postage on parcels.

30. Regulations 213, 213a and 213b of the Postal Regulations are repealed and the fol­lowing regulations substituted:—

“213. Subject to regulation 213a, the postage payable in respect of a parcel addressed to a place in Australia or a Territory other than Papua New Guinea is the sum of the basic charge and the charge per kilogram ascertained in accordance with the following table:—

Reduced rate for bulk postage.

“213a. (1) This regulation applies to parcels addressed to places within Australia or a Territory other than Papua New Guinea, being parcels that do not weigh more than 10 kilograms each and comply with, and are posted in accordance with, conditions determined by the Postmaster-General relating to—

(a) the manner of packing, addressing and marking the parcels;

(b) the manner and place of posting the parcels; and

(c) the arrangement of the articles so as to facilitate their sorting,

where the number of those parcels posted by any 1 person during a period determined by the Postmaster-General is more than 500.

“(2) Where parcels to which this regulation applies are posted in direct bags or area bags the postage payable in respect of each such parcel is the sum of the basic charge and the charge per kilogram ascertained in relation to that parcel in accordance with the following table:—

“(3) For the purposes of this regulation, an area bag is a bag—

(a) containing parcels all of which are addressed to addresses to which the same group of postcodes relates; and

(b) weighing, together with those parcels, not less than 7 kilograms.

SCHEDULE 1-continued

Scales.

“213b. (1) For the purposes of regulations 213 and 213a, Scale 1, Scale 2, Scale 3, Scale 4 or Scale 5 applies to a parcel as provided in the succeeding sub-regulations of this regulation.

“(2) Scale 1 applies to a parcel that is posted at an office in a State or Territory and is addressed to a place distant not more than 50 kilometres from that office, whether or not that place is the same State or Territory as that office.

“(3) The Scale that applies to a parcel, other than a parcel to which Scale 1 applies, is the Scale ascertained in accordance with the following table:—

“(4) Where a parcel is addressed to Norfolk Island, the Scale that applies to that parcel is the Scale that would apply if Norfolk Island were part of New South Wales.

“(5) Where a parcel is addressed to Christmas Island, the Scale that applies to that parcel is the Scale that would apply if the Territory of Christmas Island were part of Western Australia.”.

31. After regulation 213b of the Postal Regulations the following regulation is inserted:—

Weights of parcels.

“213c. (1) Where the weight of a parcel is less than 1 kilogram, the weight of the parcel shall, for the purposes of regulations 213 and 213a, be deemed to be 1 kilogram.

“(2) Where the weight of a parcel exceeds 1 kilogram or a multiple of 1 kilogram by less than 1 kilogram, the excess shall, for the purposes of those regulations, be treated as 1 kilogram.”.

Parcels for certain other countries may be insured.

32. Regulation 214 of the Postal Regulations is amended by omitting the table in sub-regulation (2) and substituting the following table:—

33. Regulations 226 and 227 of the Postal Regulations are repealed and the following regulations substituted:—

Maximum amounts for which money orders may be issued.

“226. For the purposes of sub-section (1) of section 75 of the Act, the amount is—

(a) in the case of a telegraph money order—$5,000; and

(b) in the case of any other money order—$200.

Charges for money orders.

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

(a) the charge for the issue of a money order, other than a telegraph money order, payable in Australia is 60 cents;

(b) the charge for the issue of a telegraph money order payable in Australia is a charge calculated at the rate of 60 cents for the first $100, and $1.25 for each additional $100 or part of $100, in the amount for which the money order is issued; and

SCHEDULE 1-continued

(c) the charge for the issue of a money order payable outside Australia is—

(i) a charge calculated at the rate of 13 cents for each $2 or part of $2 in the amount for which the money order is issued; or

(ii) 90 cents,

whichever is the greater.

Repayment, &c, on application by remitter.

34. Regulation 237 of the Postal Regulations is amended by omitting sub-regulations (1) and (2) and substituting the following sub-regulations:—

“(1) Upon application in writing by the remitter of a money order and upon payment by him of the prescribed charge (if any)—

(a) the amount of the money order may be repaid to the remitter if the money order is—

(i) a postal money order issued and payable in Australia that has not expired and is held by the remitter;

(ii) a postal money order issued in Australia and payable outside Australia that has not expired and is held by the remitter;

(iii) a postal money order issued in Australia that has expired and is held by the remitter; or

(iv) a telegraph money order issued and payable in Australia that has not been paid;

(b) an error in the name of the remitter or payee of the money order, if it is a postal money order issued in Australia that is no longer held by the remitter or is a telegraph money order issued in Australia, may be corrected; and

(c) payment of the money order, if it is a money order issued in Australia, may be redirected to an office other than that at which the money order was originally payable.

“(2) Subject to sub-regulation (3), the prescribed charge is—

(a) in relation to an application to which sub-paragraph (1)(a) (ii), (iii) or (iv), or paragraph (1) (c), applies—60 cents; and

(b) in relation to an application to which paragraph (1)(b) applies—30 cents.

“(2a) Where 2 or more applications to which paragraph (1)(b) applies are made in relation to consecutively numbered money orders that were issued simultaneously to the same remitter in favour of the same payee, the total charge payable in relation to all of those applications is the prescribed charge that would, but for this sub-regulation, be payable in relation to 1 such application.

“(2b) For the purposes of paragraph (1)(a), a money order shall be taken to have expired if regulation 242 applies to the payment of that money order. ”.

Transfer on application of payee.

35. Regulation 238 of the Postal Regulations is amended—

(a) by omitting from sub-regulation (1) the words “the charges prescribed by this regulation” and substituting the words “the cost required by this sub-regulation to be paid by the payee”; and

(b) by omitting sub-regulation (2).

36. Regulation 242 of the Postal Regulations is repealed and the following regulation sub­stituted:—

Period of validity.

“242. Where a money order payable in Australia is not presented for payment—

(a) if it was issued in Australia—before the expiration of 2 months after the last day of the month in which it was issued;

(b) if it was issued in Malaysia—before the expiration of 6 months after the last day of the month in which it was issued; or

(c) in any other case—before the expiration of 12 months after the last day of the month in which it was issued,

payment of the money order may be made upon application in writing to the Department and upon payment of 60 cents, but not otherwise.’’.

SCHEDULE 1—continued

Denominations of, and charges for. Postal Orders.

37. Regulation 247 of the Postal Regulations is amended by omitting the table and substituting the following table:—

Issue of duplicate Postal Orders.

38. Regulation 254 of the Postal Regulations is amended—

(a) by omitting sub-regulation (1) and substituting the following sub-regulation:—

“(1) Subject to this regulation, where a postal order is lost or destroyed, a duplicate may be issued upon application made in writing to the Department.”; and

(b) by omitting from sub-regulation (5) the words “the minimum rate of postage on a letter” and substituting the words “the rate of postage specified in clause 1 in Part I of Schedule 1 to the Rates Act”.

Further amendments.

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

SCHEDULE 1–continued

____________

SCHEDULE 2  Section 28(3)

AMENDMENT OF THE POSTAL AND TELEGRAPHIC SERVICES (GENERAL) REGULATIONS

Regulation 8aa of the Postal and Telegraphic Service (General) Regulations is amended by omitting from sub-regulation (2) the words “of five cents” (twice occurring) and substituting the words “of 10 cents”.

____________

SCHEDULE 3 Section 28(4)

AMENDMENTS OF THE RADIO-TELEPHONE EXCHANGE SERVICE REGULATIONS

The Radio-telephone Exchange Service Regulations are amended as set out in the following table:—

SCHEDULE 3-continued

__________

SCHEDULE 4 Section 28(5)

AMENDMENTS OF THE TELEGRAPH REGULATIONS

The Telegraph Regulations are amended as set out in the following table:—

SCHEDULE 4-continued

____________

SCHEDULE 5  Section 28(6)

AMENDMENTS OF THE TELEPHONE REGULATIONS

Definitions.

1. Regulation 4 of the Telephone Regulations is amended—

(a) by inserting after the definition of “Authorized officer” the following definition:—

“‘Business telephone service’ means an exchange service that is used wholly or mainly for the purposes connected with a business or profession or with government (including local government); and

(b) by inserting after the definition of “ Local-call line ” the following definition:—

“‘Non-business telephone service’ means an exchange service that is not a business telephone service;”.

Rate of rental.

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

Service connexion fee.

3. Regulation 29a of the Telephone Regulations is amended—

(a) by omitting from sub-regulation (1) the words “a service connexion fee of Sixty dollars” and substituting the words “a service connexion fee of $80 ”;

(b) by omitting from sub-regulation (1a) the words “a service connexion fee of Thirty dollars ” and substituting the words “a service connexion fee of $40”; and

(c) by omitting sub-regulation (2a) and substituting the following sub-regulation:—

“(2a) The amount of a service connexion fee payable by a person in accordance with this sub-regulation is—

(a) in the case of a person who is a subscriber—$15;

(b) in the case of a person who has previously been a subscriber in respect of a telephone service provided at the premises at which the proposed telephone service is to be provided—$15; and

(c) in any other case—$30.”.

4. Regulations 35 to 37 (inclusive) of the Telephone Regulations are repealed and the following regulations substituted:—

Local call fee.

“35. Subject to these Regulations, the fee payable for an effective local call made from the telephone of a subscriber is 6 cents.

SCHEDULE 5-continued

Fee for local call from certain telephones.

“36. Notwithstanding the provisions of regulation 35, where—

(a) an effective local call is made before 1 October 1975 from the telephone of a subscriber;

(b) the telephone is—

(i) connected to a straight line service; and

(ii) equipped with apparatus, whether provided by the Department or not, that permits the use of the telephone for the purpose of making a local call on the insertion of a coin or coins amounting to less than 10 cents; and

(c) the subscriber has entered into an arrangement with the Postmaster-General for the purposes of this regulation,

the fee payable by the subscriber for the call is, subject to the conditions (if any) provided in the arrangement, 4.75 cents.

Fee payable by subscriber.

“37. The fee payable for a local call made from the telephone of a subscriber is payable by the subscriber.

Classified section of Telephone Directory.

5. Regulation 75A of the Telephone Regulations is amended—

(a) by omitting from sub-regulation (2) the words “or carries on a business or trade” and substituting the words “, carries on a business or trade or carries on an activity or activities in respect of which the inclusion of an entry or entries in the classified section of that Telephone Directory is, in the opinion of the Director-General, appropriate”;

(b) by inserting after sub-regulation (2) the following sub-regulation:—

“(2a) Where, in accordance with regulation 79, an additional entry is inserted in a Telephone Directory in respect of a subscriber for a business telephone service, the classified section of that Telephone Directory shall, if the Department so determines, include a further entry approved by the Department in respect of that subscriber.”; and

(c) by omitting from sub-regulation (3) the words “the last preceding sub-regulation” and substituting the words “sub-regulation (2) or(2a)”.

Block-type entries.

6. Regulation 77 of the Telephone Regulations is amended by omitting sub-regulations (1) and (2) and substituting the following sub-regulation:—

“(1) Any of the following portions of an entry appearing in an issue of the Telephone Directory in relation to a subscriber, that is to say:—

(a) the first word, or the first letter or other character not forming part of a word, of his name;

(b) the remainder of his name;

(c) a description of his occupation;

(d) any subsidiary portion of the entry,

may be inserted in block type, instead of the type ordinarily used, on payment by the subscriber in relation to each such portion so printed, of an annual charge in accordance with the following table:—

SCHEDULE 5-continued

Additional entries and matter.

7. Regulation 79 of the Telephone Regulations is amended by omitting sub-regulations (1) and (2) and substituting the following sub-regulation:—

“(1) In addition to the particulars specified in regulation 75, the Department may include additional words in an entry, or include additional entries, in any issue of a Telephone Directory upon payment of an annual charge ascertained in accordance with the following table:—

8. After regulation 117b of the Telephone Regulations the following regulation is inserted:—

Fee for local call from certain public telephones.

“118. Notwithstanding the provisions of regulation 117b, where an effective local call is made from a public telephone, being a telephone that is equipped with apparatus that permits the use of the telephone for the purpose of making a local call upon the insertion of a 5-cent coin, the fee payable for that call is 5 cents.’’.

9. Regulation 127 of the Telephone Regulations is repealed and the following regulation substituted:—

Charges for subscribers.

“127. (1) A charge not exceeding 10 cents may be made by a subscriber for each effective local call made by another person from the telephone of the subscriber, and the amount of that charge may be retained by the subscriber.

“(2) Where, after 30 September 1975, an effective local call is made from the telephone of a subscriber, being a telephone that is equipped with apparatus that permits the use of the telephone for that purpose upon the insertion of a coin or coins, the charge made by the subscriber for that call shall be 10 cents.”.

Charges for trunk calls.

10. (1) Regulation 138 of the Telephone Regulations is amended by omitting the table in sub-regulation (1) and substituting the following table:—

SCHEDULE 5-continued

(2) Regulation 138 of the Telephone Regulations is amended by omitting the table in sub-regulation (2) and substituting the following table:–

Calls to particular person.

11. Regulation 141 of the Telephone Regulations is amended—

(a) by omitting from sub-regulation (2) the words “The charge payable for the service specified in the last preceding sub-regulation” and substituting the words “Subject to sub-regulation (3), the charge payable for the service specified in sub-regulation (1)”; and

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

“(3) Where a trunk call is ordered from a public telephone or from the telephone of a subscriber that is fitted with a Departmental coin attachment that is designed for the receipt of coins of 2 or more denominations, the charge payable for the service specified in sub-regulation (1) shall, irrespective of the success or failure of the attempt to obtain the particular person required, be in accordance with the following table:—

Interpretation.

12. Regulation 144b of the Telephone Regulations is amended by omitting the table in sub-regulation (2) and substituting the following table:—

SCHEDULE 5–continued

Further amendments.

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

_________________________________________________________________________________