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SR 1938 No. 62 Regulations as made
These Regulations amend the Postal and Telegraphic Services (General) Regulations 1933.
Gazetted 30 Jun 1938
Date of repeal 31 Dec 1982
Repealed by Postal and Telegraphic Services (General) Regulations (Repeal)

STATUTORY RULES.

1938. No. 62.

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regulation under the post and telegraph act 1901-1934 and the wireless telegraphy act 1905-1936.*

I, the administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Post and Telegraph Act 1901-1934 and the Wireless Telegraphy Act 1905-1936.

Dated this Twenty second

day of June                                                                                                                  , 1938.

Administrator.

By His Excellency’s Command,

Signature of the Postmaster-General.

Postmaster-General.

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Amendment of the Postal and Telegraphic Services (General) Regulations. †

1. After regulation 1 of the Postal and Telegraphic Services (General) Regulations, the following regulation is inserted:—

“1a. In these Regulations, “the Act” means the Post and Telegraph Act 1901-1934, and if at any time that Act is amended, includes that Act as so amended.”.

2. After regulation 8 of the Postal and Telegraphic Services (General) Regulations, the following regulation is inserted:—

Interference with property of Postmaster-General.

“9.—(1.) A person (not being an officer or an authorized agent of the Postmaster-General) shall not remove or interfere with any telegraph line or other property of the Postmaster-General.

“(2.) Any person who is desirous of executing any work or doing any act which may involve the removal of or interference with any telegraph line or other property of the Postmaster-General shall notify the Deputy Director, Posts and Telegraphs, in the State concerned, or his authorized representative, and may request the Department to execute any portion of the work which involves the removal of any property of the Postmaster-General, or to take such action as is necessary to obviate such interference.

“(3.) A notice under this regulation shall be in writing and shall be forwarded so as to reach the Deputy Director, Posts and Telegraphs, or his authorized representative not less than forty-eight hours before the time of commencing the work, or doing the act.

 

* Notified in the Commonwealth Gazette on                                                                                        , 1938.

† Statutory Rules 1933, No. 88, as amended by Statutory Rules 1934, No. 136.

1331.—6/10.6.1938.—Price 3d.


“(4.) Every person concerned in the execution of any work or the doing of any act, referred to in this regulation, shall—

(a) use all reasonable care and proper means to avoid injury to, or interference with, any telegraph line or other property of the Postmaster-General; and

(b) comply with every reasonable requirement of the Deputy Director, Posts and Telegraphs, of the State concerned, and of any person authorized by him, as to the method of doing the work so as to avoid any such injury or interference.

“(5.) Subject to sections 85 and 85a of the Act, the amount of any expense incurred by the Postmaster-General in respect of—

(a) The protection of any telegraph line or other property of the Postmaster-General from injury or interference by any work of the kind referred to in this regulation;

(b) making good any such injury; or

(c) removing, or altering the position of, any telegraph line or other property of the Postmaster-General so as to permit the execution of the work or the doing of the act, and subsequently restoring that telegraph line or property,

shall be payable to the Postmaster-General by the person who requested the execution of the work, or, if no such request was received, by the person responsible for executing the work or doing the act by reason of which the expense was incurred, and such amount may be recovered in any court of competent jurisdiction.

“(6.) Any person who contravenes, or fails to comply with, any of the provisions of this regulation shall be guilty of an offence and, unless the act or omission constitutes an offence against the Act for which some other penalty is prescribed, shall be liable to a penalty of not less than Ten shillings nor more than Ten pounds.”

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