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Post and Telegraph Act 1901

Act No. 12 of 1901 as amended, taking into account amendments up to Act No. 216 of 1973
Registered 04 Dec 2009
Start Date 31 Dec 1973
End Date 01 Jul 1975
Date of repeal 01 Jul 1975
Repealed by Postal and Telecommunications Commissions (Transitional Provisions) Act 1975

POST AND TELEGRAPH ACT 1901 [Note: This Act is "repealed" by Act No. 56 of 1975]
(#DATE 19:12:1973)

Compilation Information

- Reprinted as at 19 December 1973

POST AND TELEGRAPH ACT 1901-1973 - TABLE OF PROVISIONS

TABLE


POST AND TELEGRAPH ACT 1901-1973

TABLE OF PROVISIONS

PART I-PRELIMINARY
Section
1. Short title and commencement
2. State Acts to cease to apply

PART IA-GENERAL

3. Definitions
4. Department
5. Postmaster-General
6. Director-General
7. Director of Posts and Telegraphs
8. Postmaster-General may delegate
9. Declarations to be taken by officers
10. (Repealed)
11. Every parcel sent by post if not a packet, parcel or newspaper to be
deemed a letter
12. Packets may be defined
13. Officers of the Department free from tolls
14. Arrangements may be made for British or foreign mails
15. Contracts
16. (Repealed)
17. Railways to carry mails
18. Payment for carriage of mails by rail
19. Contributions may be accepted
20. Letters, &c., from places beyond the Commonwealth
21. Arrangements for postage to be other than prepaid
22. Redirection
23. Letters, &c., insufficiently prepaid
24. Petitions to the Governor-General, &c.
25. Postage need not be prepaid on letters or packets containing returns
of births, &c., transmitted by any minister of religion, &c., to
appointed officer
26. Powers and duties conferred upon postmasters by State Acts
27. Postage need not be prepaid on letters or packets containing
electoral matter
28. Eligibility for registration as a newspaper
29. Registration of newspapers
Consequence of irregularity
30. Postage stamps to be made and sold
31. Postmasters to keep sufficient supply of stamps
32. Prepayment of postage
33. By money in certain cases
34. Prepayment of postage in money in prescribed circumstances
35. Postage stamps, where to be affixed
36. Postage stamps may be perforated with letters
37. Erection of letter pillars, &c.
38. Registration
Acknowledgment of the receipt of registered letters
Letters, &c., with valuable enclosures must be registered
39. Declaration to be made where missing letter, &c., contained valuable
enclosure
40. Certain letters, &c., to be deemed posted in contravention of this
Act
41. Letters, &c., in contravention of this Act, how dealt with
42. Power to examine newspapers and packets
43. Blasphemous or obscene letters, &c., may be destroyed
44. Indecent pictures, &c., sent by post
45. Unclaimed and undelivered articles returned from other countries,
how dealt with
46. Undelivered postal articles
47. Telegrams, letters, &c., at hotels remaining undelivered for one
month to be returned to Post Office
Penalty
48. How dead letters, &c., disposed of at General Post Office
49. How or by whom unclaimed or dead letters may be opened
50. Opened postal articles not containing anything of value, how dealt
with
51. Manner of dealing with opened letters and packets containing
anything of value
52. Manner of dealing with opened newspapers
53. Sender of opened letters, &c., to pay postage
54. No letters, &c., to be returned except in certain cases
55. (Repealed)
56. Letters, &c., for deceased persons, how to be disposed of
57. Power in certain cases to refuse to register or deliver letters, &c.
58. Letters, &c., in such cases, how dealt with
59. Heavy letters, packets and newspapers may be refused
60. Delivery at post town or at named or last known residence sufficient
61. Despatch and delivery of packets, &c., may be delayed
62. Who deemed to be the sender of a postal article
Post office stamp evidence of refusal of letter, &c.
Post office stamp evidence of liability to postage
63. Mail in charge of postmaster, &c., deemed to be by post
64. Power to destroy books, documents, telegrams, &c.
65. (Repealed)

PART II-CARRIAGE OF MAIL BY SHIPS
AND AIRCRAFT

66. Arrival of vessel, &c., carrying mail
67. Requirement to carry mail
68. Detention of vessel required to carry mail
69-73. (Repealed)

PART III-MONEY ORDERS AND POSTAL
ORDERS

74. Arrangements for money orders and postal orders
75. Amount and cost of money orders and postal orders
76. (Repealed)
77. When amount of money order may be refunded
78. To be deemed valuable security and public moneys
79. No stamp duty on money orders or postal orders

PART IV-TELEGRAPHS

80. Postmaster-General to have exclusive rights in respect of telegraphs
81. Authority to persons to erect and maintain telegraph lines
81A. Telegraph lines not to be used for certain purposes
82. Postmaster-General may contract for construction of telegraph lines
Telegraph lines to be subject to this Act
83. Provisions as to crossing roads, &c., by private lines
84. Lands may be entered and surveyed, &c.
85. Works to be made on any land, &c.
85A. Removal of line consequent upon opening of new roads
86. Wires, &c., may be affixed to buildings
87. Trees obstructing telegraph lines may be cut or lopped
88. Free access to be permitted for the repair of telegraph line
89. Laying lines under streets
90. Provision as to compensation
91. Postmaster-General may resume possession of private lines for
default
92. Resumption of private lines after notice
93. Recovery of rents and charges
94. Certain lines, &c., to belong to Postmaster-General
95. Order of transmitting telegrams
Penalty
96. Blasphemous, obscene and scandalous telegrams may be refused

PART IVA-FINANCE

96A. Interpretation
96B. Post Office Trust Account
96C. Moneys to be paid into Trust Account
96D. Expenditure from Trust Account
96E. Power of Treasurer to limit capital expenditure from Trust Account
in a financial year
96F. Payments out of Trust Account in respect of superannuation
96G. Payments out of Trust Account in respect of expenditure incurred
before commencement of Part
96H. Financial policy in respect of Post Office Services
96J. Proper accounts to be kept
96K. Audit
96L. Annual report and financial statements by Director-General
96M. Annual statement to Parliament by Postmaster-General

PART V-REGULATIONS

97. Regulations

PART VI-PENALTIES

98. Conveying of letter otherwise than by post
Evidence
Exceptions
99. Forging or fraudulently using or possessing dies or plates
100. Unlawful possession of moulds for making postage-stamp or
postal-note paper
101. Illegal possession of postage-stamp or postal-note paper
102. Illegally sending postal envelopes
103. Fraudulently removing stamps
104. Penalty for falsely sending letters, &c., as exempted
105. Penalty for falsely sending packets
106. Penalty for falsely sending newspapers
107. Sending explosives or noxious substance or indecent articles, &c.
108. Penalty on postmasters and others for breach of duty
109. Penalty for losing or not delivering letters, &c.
110. Penalty on mail-coach driver or guards loitering
111. Retaining or secreting letters, &c.
112. Penalty for improperly obtaining letters, &c.
113. Delivering to wrong person
114. Stealing letters, &c.
115. Penalty for opening or tampering with mails
116. Penalty on unauthorized persons opening mails
117. Exhibiting sign, &c., as post office or Royal mail
117A. Publishing unauthorized telephone lists
118. Obstructing conveyance or delivery of mail
119. Obstructing officer in the execution of his duty, &c.
120. Injuring or destroying letter-boxes, &c.
121. Penalty for placing offensive substances, &c., in post office
122. Selling stamps without a licence or pretending to be licensed
123. Unlawfully issuing money orders or postal orders
124. Forging or uttering telegrams
125. Sending false telegrams
126. Sending fraudulent messages
127. Penalty for violation of secrecy
128. Erection or maintenance of telegraph lines without authority
129. Making charges for use of telegraph line without authority
130. Injuries to telegraphs
131. Attempt to injure telegraphs
132. Arrest of offenders
133. Breaking or damaging telegraph posts or wires
134. No person to impersonate a postal officer
135. Penalty on officer re-issuing postal orders
136. (Repealed)
137. Post offices may be entered and possession taken of letters, &c., on
behalf of Department
Penalty
138. Resisting officer
139. Penalty for posting placards on post office pillars, &c.

PART VIA-PROTECTION OF PROPERTY

139A. Application
139B. Compensation for interference or damage
139C. Work done by the Department by reason of the doing, or the proposed
doing, of other work by a person

PART VII-PROTECTION OF TELEGRAPH LINES FROM
INJURIOUS AFFECTION BY ELECTRIC LINES
OR WORKS

140. Electric authority not to injuriously affect telegraph lines
141. Definition of injurious affection
142. Limit of responsibility in case of injurious affection of lines
143. Provision when any work done by electric authority
Penalty
144. Provision when work to be done involves alteration in telegraph line

Penalty
145. Penalty for injury to telegraph line and for interruption of
telegraphic communication
146. Penalty for obstruction of Postmaster-General
147. Restrictions when telegraph lines injuriously affected
148. Penalty for unlawfully constructing or using works
149. No action of Postmaster-General to relieve electric authority
150. Provisions as to notices

PART VIII-LEGAL PROCEEDINGS

151. Proceedings for penalties
152. Form of information-Property to be laid in the Postmaster-General
153. Postmaster-General or Director may depute another officer to appear
on his behalf
153A. Proof of notices
153B. Rewards for information as to damage to property
154. Differences to be settled by arbitration
155. Arbitration in accordance with law of State or Territory
156. Postmaster-General may settle cases

PART IX-NOTICE AND LIMITATION
OF ACTIONS

157. Notice and limitation of action
Contractors and mailmen excepted
158. Protection from actions
159. In case of money orders or postal notes

SCHEDULES

SCHEDULE 1
State Acts ceasing to apply to the postal and telegraphic services of the
Commonwealth

SCHEDULE 2

Form A
Form B
Form C (omitted)
Form D

POST AND TELEGRAPH ACT 1901-1973 - SECT. 1.
Short title.

SECT

POST AND TELEGRAPH ACT 1901-1973
An Act relating to the Postal and Telegraphic Services of the Commonwealth.
Heading inserted by No. 7, 1966, s. 3.

POST AND TELEGRAPH ACT 1901-1973 - PART 1

PART I-PRELIMINARY

POST AND TELEGRAPH ACT 1901-1973 - SECT. 1.

SECT

Short title and commencement.
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Post and Telegraph Act 1901-1973,* and shall commence on the first day of December One thousand nine hundred and one.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 2.
States Acts to cease to apply. Schedule 1.

SECT

Amended by No. 24, 1910, s. 3; and No. 109, 1973, s. 15.
2. The State Acts specified in Schedule 1 shall cease to apply to the postal and telegraphic services of the Commonwealth.
Section 2A repealed by No. 216, 1973, s. 3.
* * * * * * * *

POST AND TELEGRAPH ACT 1901-1973 - PART IA

PART IA-GENERAL

POST AND TELEGRAPH ACT 1901-1973 - SECT. 3.
Heading inserted by No. 7, 1966, s. 4.

SECT

Definitions.
Qd. P. & T. Act 1891 s. 4.
N.Z. P.O. Act 1900 s. 2.
Amended by No. 45, 1934, s. 2; No. 80, 1950, s. 3; No. 7, 1966, s. 5; No. 32, 1968, s. 4; No. 33, 1968, s. 4; No. 70, 1971, s. 3; and No. 216, 1973, s. 3.
3. In this Act unless the context otherwise indicates-

''Postmaster-General'' means the Minister of State for the Commonwealth charged with the administration of this Act.

''Construct'' includes erect lay down and place.

''Customs Act'' means any Act or Acts relating to the Customs in force within the Commonwealth and all orders and regulations made under any such Act or Acts.

''Department'' means the Postmaster-General's Department.

''Director'' means Director of Posts and Telegraphs.

''Director-General'' means Director-General of Posts and Telegraphs.

''Electric authority'' means any State Government railway authority local authority tramway authority or person generating using or supplying electricity.

''Electricity'' includes electric current electrical energy or any like agency.

''Electric line'' includes all means used for the purpose of conveying transmitting transforming or distributing electricity and any casing coating covering tube tunnel pipe pillar pole post frame bracket or insulator enclosing surrounding or supporting the same or any part thereof or any apparatus connected therewith.

''General Post Office'' means the head office of the Department in each State.
Compare N.S.W. Act 1900.
S.A. No. 680.
Qd. 56 Vict. No. 20.
Tas. 64 Vict. No. 26.
Vict. No. 1643.
''Indecent or obscene matter'' includes any drawing or picture or advertisement or any printed or written matter in the nature of an advertisement if it relates to venereal or contagious diseases affecting the generative organs or functions or to nervous debility or other complaint or infirmity arising from or relating to sexual impotence or intercourse or sexual abuse or to pregnancy or to any irregularity or obstruction of the female system or to the treatment of any complaint or condition peculiar to females or may reasonably be construed as relating to any illegal medical treatment or illegal operation.

''Mail'' includes every package receptacle or covering in which postal articles in course of transmission by post are conveyed whether it does or does not contain postal articles and loose or individual postal articles in transit.

''Master of a vessel'' means the person for the time being having the charge or command of a vessel but does not include the pilot.

''Money order'' means a money order issued under this Act or a money order or similar instrument issued by any postal authority outside the Commonwealth for payment in the Commonwealth.

''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.

''Officer'' means any officer in the service of the Department.

''Postage'' means the amount chargeable for the transmission of postal articles by post.

''Postage stamp'' or ''stamp'' means any stamp made or authorized by the Postmaster-General for the purpose of the payment of postage or fees to be chargeable under this Act.

''Postal article'' includes letters post-cards letter-cards newspapers packets or parcels and all other articles transmissible by post, and includes a telegram when transmitted by post.

''Postal order'' means a postal order issued under this Act or a postal order or similar instrument issued by any postal authority outside the Commonwealth for payment in the Commonwealth.

''Postmaster'' means the officer in charge of a post office or post and telegraph office.

''Post office'' means a house building room railway postal van or carriage place or structure where postal articles are by permission or under the authority of the Postmaster-General or the Director-General received delivered sorted or made up or from which postal articles are by the authority aforesaid despatched including a pillar box or other receptacle provided for the reception of postal articles for transmission.

''Telegraphic'' includes telephonic.

''Telegraph'' or ''telegraph line'' means a wire or cable used for telegraphic or telephonic communication including any casing coating tube tunnel or pipe enclosing the same and any posts masts or piers supporting the same and any apparatus connected therewith or any apparatus for transmitting messages or other communications by means of electricity and also includes any installation or structure used or intended for use in connexion with the installation, operation or maintenance of a telegraph line.

''Telegraph office'' means a house building room or other place or structure used or occupied by or under the authority of the Postmaster-General and under his control for the purposes of working a telegraph or for the receipt and delivery of telegrams.

''Telegram'' means any message or communication sent to or delivered at a telegraph office or post office for transmission by telegraph for delivery or issued from a telegraph office or post office for delivery as a message or communication transmitted by telegraph.

''Vessel'' includes every description of vessel employed on the high seas in harbors on rivers or on the coast or on any navigable water.

''Works'' includes electric lines and also any buildings machinery engines meters lamps transformers fittings apparatus works matters or things of whatever description required to supply electricity or to carry into effect the objects of the electric authority.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 4.
Department.

SECT

4. The Department shall have control of the Postal and Telegraphic services of the Commonwealth.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 5.
Postmaster-General.

SECT

5. The Administration of this Act and the control of the Department are vested in the Postmaster-General.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 6.
Director-General.

SECT

Sub-section (1) amended by No. 45, 1934, s. 2.
6. (1) There shall be a Director-General of Posts and Telegraphs who, under the Postmaster-General, shall exercise control of the Department throughout the Commonwealth.
Substituted by No. 120, 1968, s. 3.

(2) The Director-General shall be paid a salary at the rate of Twenty-two thousand seven hundred and fifty dollars per annum and an annual allowance of One thousand five hundred dollars.*

POST AND TELEGRAPH ACT 1901-1973 - SECT. 7.
Director of Posts and Telegraphs.

SECT

Amended by No. 14, 1916, s. 2; No. 45, 1934, s. 2; No. 80, 1950, s. 3; and No. 32, 1968, s. 5.
7. There shall in each State be a Director of Posts and Telegraphs who shall be the principal officer of the Department therein.

Provided that if the Governor-General notifies by proclamation that for the purposes of the administration of the Department any portion of a State or Territory is attached to any adjoining State, the Director of that adjoining State shall be the principal officer of the Department in the portion so attached.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 8.
Postmaster-General may delegate.

SECT

8. In relation to any particular matters State or District the Postmaster-General may by writing under his hand delegate any of his powers under this Act (except this power of delegation) so that the delegated power may be exercised by the delegate with respect to the matters specified or the State or District defined in the instrument of delegation, but every such delegation shall be revocable at the pleasure of the Postmaster-General.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 9.
Declarations to be taken by officers.

SECT

Schedule 2 (A).
N.S.W.P. Act 1867 s. 4.
Amended by No. 109, 1973, ss. 3 and 15.
9. Every officer shall before exercising the duties of his office take and subscribe before a justice of the peace or a postmaster a declaration in the Form A set forth in Schedule 2.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 10.
Section 10 repealed by No. 25, 1909, s. 4.

* * * * * * * *

POST AND TELEGRAPH ACT 1901-1973 - SECT. 11.
Every parcel sent by post if not a packet, parcel or newspaper to be deemed a
letter.

SECT

N.S.W.P. Act 1867 s. 6.
11. Every article whatsoever which is received at a post office for transmission or delivery shall if not a packet parcel or newspaper as defined by this Act or by the regulations be deemed a letter.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 12.
Packets may be defined.

SECT

N.S.W.P. Act 1867 s. 7.
12. The Governor-General may by order published in the Gazette direct what articles may be sent by post as packets or parcels and upon what terms and conditions the same may be sent.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 13.
Officers of the Department free from tolls.

SECT

W.A. P. & T. Act 1893 s. 8.
Amended by No. 7, 1966, s. 9; and No. 109, 1973, s. 4.
13. No duty or toll payable at or in respect of any pier wharf quay landing place bridge or ferry or at any turnpike gate or bar or at any other gate or bar on a public road shall be demanded or taken from or in respect of-

(a) Any person employed to perform any duty of the Department when on duty.

(b) Any person engaged in the conveyance of mails.

(c) Any vehicle or horse conveying mails or postal articles.

(d) Any telegraph messenger or line repairer when on duty.

(e) Any vehicle or horse used or employed by such telegraph messenger or line repairer in the performance of his respective duties.

(f) Any material or tools used or employed in the construction or repair of any telegraph line,
and any person who demands or takes any toll contrary hereto shall be liable to a penalty not exceeding Ten dollars.

The Postmaster-General may pay to the person entitled by way of compensation for the use of any pier wharf quay landing place or ferry in the conveyance of mails or the landing shipping or conveying any material or tools for the construction or repair of a telegraph line such sum as may be agreed upon, and in default of agreement as may be settled by arbitration.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 14.
Arrangements may be made for British or foreign mails.

SECT

Qd. P. & T. Act 1891 s. 9.
Sub-section (1) amended by No. 45, 1934, s. 2.
14. (1) The Governor-General may make arrangements with the Postmaster-General in the United Kingdom or with the proper authorities of any British possession or of a foreign country with respect to-

(a) the transmission of mails or postal articles between the Commonwealth and the United Kingdom or the British possession or foreign country;

(b) the appointment determination and collection of postage and fees or other dues upon postal articles conveyed between the Commonwealth and the United Kingdom or any such possession or country;

(c) the division and mutual accounting for and payment of the moneys collected under any such arrangement;

(d) the purposes above mentioned in the case of postal articles transmitted through the Commonwealth for the United Kingdom or any such possession or country to or from any part of the world;

(e) the prepayment (in full or otherwise) of the postage payable on postal articles;

(f) the transmission to places out of the Commonwealth free of postage or upon such terms as to the amount of postage or fine to be collected and paid on delivery, and as to the application and payment thereof as may be agreed upon, of postal articles posted in the Commonwealth, or as to the collection application and payment of postage or fines on postal articles received from places out of the Commonwealth on which no postage or insufficient postage has been paid;

(g) the payment of compensation for the loss or injury of any registered postal articles.
Added by No. 109, 1973, s. 5.

(2) For the purposes of sub-section (1), Papua New Guinea shall be treated as a foreign country.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 15.
Contracts.

SECT

N.S.W. P. Act 1867 s. 43.
Amended by No. 45, 1934, s. 2.
15. The Postmaster-General or any person authorized in that behalf by the Governor-General may enter into contracts in writing on behalf of the Government of the Commonwealth for or in respect of the carriage of mails or for any other purpose incidental to the carrying out of this Act and may stipulate for such terms and conditions as to him shall seem fit for securing the due regular and efficient performance of the contract.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 16.
Section 16 repealed by No. 64, 1961, s. 3.

* * * * * * * *

POST AND TELEGRAPH ACT 1901-1973 - SECT. 17.
Railways to carry mails.

SECT

17. The principal railway official of every State or the owner controller or manager of any railway or tramway in any State shall carry mails on any train run upon the railways or tramways under his control if required by the Postmaster-General so to do and shall provide all usual facilities for the receipt carriage and delivery of all mails that he is required to carry.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 18.
Payment for carriage of mails by rail.

SECT

18. The Postmaster-General shall pay to the principal railway official of each State or to the owner controller or manager of any railway or tramway in any State as the case may be such annual sum for the receipt carriage and delivery of mails and for all facilities provided in connexion therewith as may be agreed upon and in default of agreement as may be settled by arbitration. Provided that no payment shall be made to any owner controller or manager of any private railway or tramway who in accordance with the law of a State has agreed to carry His Majesty's mails free of charge.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 19.
Contributions may be accepted.

SECT

19. The Governor-General may arrange with any State and the Postmaster-General may arrange or contract with any local governing body or person applying to him to establish or provide any additional facilities (postal or other) for the contribution by such State body or person towards the expense of establishing or providing such facilities or for indemnifying the Postmaster-General against any loss he may sustain thereby.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 20.
Letters, &c., from places beyond the Commonwealth.

SECT

Qd. P. & T. Act 1891 s. 13.
20. Every postal article received by post from a place out of the Commonwealth shall be transmitted and delivered free of charge within the Commonwealth except where it is necessary to collect the postage under an arrangement made as in this Act provided and except where otherwise provided by this Act or by the Regulations, in which cases the postage and all other fees or dues if any upon the postal article shall be collected on or before delivery.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 21.
Arrangements for postage to be other than prepaid.

SECT

Repealed by No. 85, 1960, s. 3; inserted by No. 109, 1973, s. 6.
21. (1) The Postmaster-General may make an arrangement with a person under which the postage payable in respect of postal articles to which the arrangement applies posted by that person is to be paid by that person after the articles have been posted.

(2) Subject to sections 6, 6A and 6B of the Post and Telegraph Rates Act 1902-1973, the Postmaster-General may make an arrangement with a person under which the postage payable in respect of postal articles to which the arrangement applies posted by another person is to be paid by the first-mentioned person after the articles have been posted.

(3) Postal articles to which an arrangement under this section applies may be transmitted and delivered before the postage has been paid.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 22.
Redirection.

SECT

N.S.W. P.A. Am. Act 1893 s. 21. P.U. Conv. Reg. 25.
22. (1) No additional charge shall be made on prepaid postal articles (other than parcels) re-addressed within the time and in manner prescribed and again forwarded by post within the Commonwealth if the postage originally paid would have been sufficient if the postal article had originally been addressed to its new destination, but if not an additional charge equal to the difference between the amount of postage already prepaid and that which would have been chargeable if the articles had been originally despatched to the new destination shall be made.

(2) Any re-addressed postal articles which appear to have been opened or tampered with shall be chargeable with postage as freshly posted unpaid articles.
Added by No. 109, 1973, s. 7.

(3) For the purposes of this section, where a postal article to which an arrangement under section 21 applies is re-addressed, the postage payable in respect of the article before it was re-addressed shall be deemed to have been prepaid.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 23.
Letters, &c., insufficiently prepaid.

SECT

N.S.W. P.A. Am. Act 1893 s. 11.
23. (1) Any letter post-card letter-card or packet posted for delivery in the Commonwealth on which the postage is not fully prepaid may be transmitted and delivered, but before delivery there shall be paid double the amount of the deficient postage and the sum to be so paid shall be written on such letter post-card letter-card or packet by an authorized officer.

Provided that postage on loose letters post-cards letter-cards and packets received from masters of vessels shall be collected on delivery at the rate chargeable to the places whence such articles are received.
Added by No. 109, 1973, s. 8.

(2) For the purposes of this section, postage payable in respect of postal articles to which an arrangement under section 21 applies shall be deemed to be fully prepaid.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 24.
Petitions to the Governor-General, &c.

SECT

N.S.W.P. Act 1867 s. 13.
Amended by No. 216, 1973, s. 3.
24. All petitions and addresses to the Governor-General or to the Governor of any State shall be transmitted and delivered free of charge if such petitions or addresses do not exceed 500 grams in weight respectively and are without covers or in covers open at the ends or sides.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 25.
Postage need not be prepaid on letters or packets containing returns of
births, &c., transmitted by any minister of religion, &c., to appointed
officer.

SECT

N.S.W. P. Act 1867 s. 23.
25. It shall not be necessary to prepay the postage upon letters or packets containing only returns of births baptisms marriages and deaths transmitted in compliance with the provisions of the law in that behalf by ministers of religion or other persons whose duty it is to transmit such returns to any officer appointed to receive the same if on the outside thereof it is stated that they contain such returns only and such a statement is signed by the person transmitting the same, but the postage thereon at prepaid rates shall be paid by the said officer on delivery of such letters or packets.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 26.
Powers and duties conferred upon postmasters by State Acts.

SECT

26. Where any State Act whether passed before or after the commencement of this Act purports to confer or impose upon postmasters any powers or duties-

(a) with respect to the preparation of lists or rolls of electors for parliamentary or other elections; or

(b) for the purpose of facilitating the voting at such elections,
the Governor-General may at the request of the Governor of the State direct, by order under his hand, that postmasters may exercise such powers and shall perform such duties accordingly; and thereupon postmasters may exercise such powers and perform such duties accordingly, and shall be bound by the provisions of the State Act relating to such powers and duties.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 27.
Postage need not be prepaid on letters or packets containing electoral matter.

SECT


27.* It shall not be necessary to prepay the postage upon letters or packets containing only ballot-papers or voting-papers or other electoral documents and sent in compliance with the law in that behalf to any electoral officer of a State, if on the outside thereof they bear a statement, signed by the sender, that they contain such matter only; but the postage thereon at prepaid rates shall be paid by such officer on delivery of the letters or packets.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 28.
Eligibility for registration as a newspaper.

SECT

Substituted by No. 70, 1971, s. 4.
28. (1) A publication is not eligible for registration at a General Post Office as a newspaper unless-

(a) it is known and recognised 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.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 29.
Registration of newspapers.

SECT

N.S.W. P.A. Am. Act 1893 s. 4.
Vict. P.O. Act 1897, s. 7.
Qd. P. & T. Act 1891 ss. 24, 25.
Sub-section (1) amended by No. 45, 1934, s. 2; No. 80, 1950, s. 3; No. 7, 1966, s. 9; and No. 70, 1971, s. 5.
29. (1) The proprietor printer or publisher of a publication that is eligible to be registered at a General Post Office as a newspaper may at such time and in such form and with such particulars as may be prescribed upon payment of a fee of Fifty cents register it at the General Post Office of any State and the Director of such State may from time to time subject to appeal as hereinafter mentioned revise the register and may call upon the proprietor printer or publisher of any publication a posted copy of which contains indecent or obscene matter or which by reason of the proportion of advertisements to other matter therein or for any other reason is not within the description aforesaid to show cause why such publication should not be removed from the register and if sufficient cause be not shown he may remove it accordingly and any publication for the time being on the register shall for the purposes of this Act be deemed a registered newspaper.*
Substituted by No. 70, 1971, s. 5.

(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.
Substituted by No. 70, 1971, s. 5; amended by No. 109, 1973, s. 9.

(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;

(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

(ba) application for its registration was made before 1 October 1973;
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; or

(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.
Inserted by No. 70, 1971, s. 5.

(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.
Inserted by No. 70, 1971, s. 5; amended by No. 109, 1973, s. 9.

(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 or an organization of employees.
Inserted by No. 109, 1973, s. 9.

(2ABA) A publication referred to in paragraph (c) of sub-section (2A) shall not be registered in the part of the register kept for the registration of Category A newspapers unless-

(a) the publication is, and at all times from and including 20 August 1973 has been, printed and published in a country area within the meaning of that paragraph; or

(b) a substantial proportion of the copies of each number of the publication are posted by the proprietor, printer or publisher of the publication to bona fide subscribers in a country area within the meaning of that paragraph.
Inserted by No. 109, 1973, s. 9.

(2ABB) Where-

(a) a publication of a kind referred to in paragraph (e) of subsection (2A) of section 29 of the Post and Telegraph Act 1901-1971; or

(b) a publication that, by virtue of sub-section (2ABA), is not to be registered as a Category A newspaper,
was, immediately before the commencement of this sub-section, registered as a Category A newspaper, its registration is not affected by the omission of that paragraph by the Post and Telegraph Act 1973 or affected by the provisions of sub-section (2ABA) but, if it is still so registered immediately before 1 March 1974, its registration shall, on that date, be transferred to the part of the register kept for the registration of Category B newspapers.
Inserted by No. 70, 1971, s. 5; amended by No. 109, 1973, s. 15.

(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 31 December 1971.
Inserted by No. 109, 1973, s. 9.

(2ACA) A publication shall not be registered in the part of the register kept for the registration of Category B newspapers if-

(a) being a publication other than a publication to which paragraph (c) of sub-section (2A) applies, it is published in more than three numbers per week; or

(b) it is published by an organization of employers or an organization of persons engaged in, or connected with, a profession or professions.
Inserted by No. 109, 1973, s. 9.

(2ACB) Where a publication to which sub-section (2ACA) applies was, immediately before the commencement of this sub-section, registered as a Category B newspaper, its registration is not affected by the provisions of that sub-section but, if it is still so registered immediately before 1 March 1974, its registration shall, on that date, be transferred to the part of the register kept for the registration of Category C newspapers.
Inserted by No. 70, 1971, s. 5.

(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.
Substituted by No. 70, 1971, s. 5; amended by No. 109, 1973, s. 9.

(2B) The Director in the State at the General Post Office in which a newspaper is registered may 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.
Sub-sections (2C) and (2CA) omitted by No. 109, 1973, s. 9.
* * * * * * * *
Inserted by No. 63, 1970, s. 3; amended by No. 216, 1973, s. 3.

(2D) A newspaper that is published by or on behalf of the Commonwealth or a State, or by or on behalf of an authority of the Commonwealth or of a State, shall not be registered under this section.
Amended by No. 45, 1934, s. 2; and No. 80, 1950, s. 3.

(3) Any Director may refuse to transmit or deliver any issue of a publication if such issue contains indecent or obscene matter.

(4) Any posted newspaper found to contain indecent or obscene matter may be destroyed by order of the Postmaster-General.
Amended by No. 45, 1934, s. 2; No. 80, 1950, s. 3; and No. 216, 1973, s. 3.

(5) No action shall be brought against the Postmaster-General or any officer of the department for anything done or purporting to be done under the provisions of this section but any person aggrieved by anything done or purporting to be done by the Postmaster-General or a Director under this section may appeal to the High Court or the Supreme Court of a State by a summons or petition in a summary manner and the Court may decide whether the action taken under this section was justified in law or in fact and may make such order as to restoration to the register or otherwise as may seem just and may award damages and costs or either in its discretion.
Consequence of irregularity.

(6) All unregistered or irregularly posted newspapers and all newspapers having any matter which is not a supplement accompanying them shall be treated as packets.
Sub-section (7) omitted by No. 70, 1971, s. 5.
* * * * * * * *

POST AND TELEGRAPH ACT 1901-1973 - SECT. 30.
Postage stamps to be made and sold.

SECT

Tas. P.O. Act 1881 s. 28.
30. The Postmaster-General shall with the approval of the Governor-General cause postage stamps to be made and sold indicating such amounts of postage or fees as may in that behalf be directed by the Governor-General.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 31.
Postmasters to keep sufficient supply of stamps.

SECT

S.A. P.O. Act 1876 s. 27.
31. Every postmaster shall procure and keep on hand for sale such quantities of postage stamps as the Postmaster-General shall authorize and direct and shall sell the same without premium to any person desirous of purchasing them.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 32.
Prepayment of postage.

SECT

S.A. P.O. Act 1876 s. 42.
P.U. Conv. Art 11.
Sub-section (1) amended by No. 70, 1971, s. 6.
32.* (1) Except in cases where prepayment of postage is allowed to be made in money prepayment of postage can be effected only by means of postage stamps valid in the Commonwealth for the correspondence of private individuals.

(2) Official correspondence from the Department relative to the Postal and Telegraphic Service and telegraphic messages upon which all fees payable under this Act have been paid may be transmitted free by post for delivery within the Commonwealth.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 33.
By money in certain cases.

SECT

N.S.W. P. Act 1867 s. 19.
33. Notwithstanding the last preceding section whenever it may happen that any postmaster shall not have any postage stamps of the requisite value for sale the postage and fees upon any postal article may be prepaid by money and shall be acknowledged by such postmaster on the face or cover of such article.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 34.
Prepayment of postage in money in prescribed circumstances.

SECT

Substituted by No. 70, 1971, s. 7.
34. Prepayment of postage may be made in money in the prescribed circumstances and upon the prescribed conditions.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 35.
Postage stamps, where to be affixed.

SECT

N.S.W. P. Act 1867 s. 22.
35. The postage stamps upon all postal articles sent by post shall be impressed or affixed upon the face thereof and near the address written thereon and no postmaster shall be bound to take any notice of stamps which are impressed or affixed elsewhere.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 36.
Postage stamps may be perforated with letters.

SECT

Vict. P.O. Act 1890 s. 16.
36. Any person with the permission in writing of the Postmaster-General may perforate postage stamps with such letters figures or design as are prescribed in such writing and stamps so perforated shall not be considered to be defaced within the meaning of this Act and shall be received in payment of any postage fees or dues and telegraph fees, but no stamps so perforated shall be purchased or exchanged by any postmaster or servant of the department.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 37.
Erection of letter pillars, &c.

SECT

Vict. P.O. Act 1890 s. 48.
37. The Postmaster-General may cause letter pillars or boxes for the reception of postal articles to be erected and maintained in any public road street or highway or other place.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 38.
Registration.

SECT

N.S.W. P. Act 1867 ss. 24, 25.
Vict. P.O. Act 1897 s. 9.
38. (1) Any person who sends any letter packet or newspaper by post shall be entitled to have the same registered at the post office at which it is posted upon payment of the prescribed fee for registration. And all articles required to be registered shall be put into the post office and also be delivered at or between such hours in the day and under such conditions as the Postmaster-General shall appoint.
Acknowledgment of the receipt of registered letters.

(2) Any person who sends a registered article by post may obtain an acknowledgment of its due receipt by the person to whom it is addressed by paying the prescribed fee in advance at the time of registration in addition to the registration fee.
Letters, &c., with valuable enclosures must be registered.
Amended by No. 7, 1966, ss. 8 and 9.

(3) Where any postmaster or officer has reasonable cause to believe that any unregistered letter or packet contains any valuable enclosure other than money orders or bills of exchange acceptances or promissory notes payable to order cheques or postal orders or postage stamps not exceeding Fifty cents in value such postmaster or officer may register such letter or packet and charge it with double the prescribed fee for registration and the fee to be so paid shall be written on such letter or packet by the postmaster or officer of the post office who registers the same, and such fee shall be paid by the person to whom it is addressed before delivery unless such person before delivery opens the letter in the presence of some postmaster or officer of the post office and it is found not to contain any valuable enclosure in which case such fee shall not be charged.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 39.
Declaration to be made where missing letter, &c., contained valuable
enclosure.

SECT


Qd. P. & T. Act 1891 s. 35.
Schedule 2(D).
Amended by No. 109, 1973, s. 15.
39. Any person making a complaint that an unregistered letter or packet containing coin jewellery gems watches or any other valuable enclosure has not been duly delivered to the person to whom it was addressed may be required by the postmaster of the post office at which the complaint is made to make a declaration in the Form D in Schedule 2 and to pay the fee (if any) prescribed before any inquiry is instituted.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 40.
Certain letters, &c., to be deemed posted in contravention of this Act.

SECT

Qd. P. & T. Act 1891 s. 36.
40. Every postal article received in a post office-

(a) on which the postage stamps have been previously obliterated or defaced (unless the postage thereon has been prepaid by money); or

(b) which contains an enclosure contrary to the provisions of this Act or the regulations or of any other Act; or

(c) which is posted contrary in any other way to the provisions of this Act or the regulations; or

(d) on the outside of which any profane blasphemous indecent obscene offensive or libellous matter is written or drawn,
shall be deemed to be posted in contravention of this Act.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 41.
Letters, &c., in contravention of this Act, how dealt with.

SECT

Qd. P. & T. Act 1891 s. 37.
41. (1) Every postal article-

(a) which is without address or bears an illegible address; or

(b) which is posted or is reasonably suspected to be posted in contravention of this Act;* or

(c) which the person to whom it is addressed refuses to receive; or

(d) upon which any postage is payable by the person to whom it is addressed and in respect of which such person refuses to pay the postage,
shall be transmitted without delay by the postmaster receiving it to the General Post Office.
Amended by No. 216, 1973, s. 3.

(2) Every postal article containing or supposed to contain an enclosure upon which the duties of Customs are payable shall be dealt with in the prescribed manner.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 42.
Power to examine newspapers and packets.

SECT

Qd. P. & T. Act 1891 s. 42.
42. (1) The Postmaster-General or his officers may examine 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 in order to discover whether it was posted in conformity with this Act or the regulations.

(2) The question whether any postal article is entitled to be sent as a newspaper or packet shall if disputed be referred to the Postmaster-General for determination, and his decision shall be final.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 43.
Blasphemous or obscene letters, &c., may be destroyed.

SECT

S.A. P.O. Act 1876 s. 45.
Sub-section (1) amended by No. 45, 1934, s. 2; and No. 80, 1950, s. 3.
43. (1) The Postmaster-General or any Director may at any time cause any postal article having anything profane blasphemous indecent obscene offensive or libellous written or drawn on the outside thereof or any obscene enclosure in any postal article to be destroyed.
Amended by No. 45, 1934, s. 2; No. 80, 1950, s. 3; and No. 216, 1973, s. 3.

(2) No action shall be brought against the Postmaster-General or any officer of the Department for anything done under the provisions of this section but any person aggrieved by anything done by the Postmaster-General or a Director under this section may appeal to the High Court or to the Supreme Court of a State by summons or petition in a summary manner.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 44.
Indecent pictures, &c., sent by post.

SECT

Amended by No. 45, 1934, s. 2; and No. 80, 1950, s. 3.
44. The Postmaster-General or any Director may refuse to transmit or deliver any newspaper packet or parcel containing any article book picture or advertisement or any printed or written matter in the nature of an advertisement, which article book picture advertisement or matter is of an indecent or obscene nature, and may cause any such newspaper packet or parcel to be destroyed.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 45.
Unclaimed and undelivered articles returned from other countries, how dealt
with.

SECT

S.A. P.O. Act 1876 s. 35.
45. The Postmaster-General may cause all unclaimed and undelivered postal articles originally posted within the Commonwealth which have been returned from the place to which they were forwarded to be treated as unclaimed articles and opened as hereinafter mentioned.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 46.
Undelivered postal articles.

SECT

Substituted by No. 17, 1923, s. 2.
46. (1) Every postal article which remains undelivered at any post office to which it has been transmitted for delivery shall, save as in this Act otherwise provided, be kept thereat for delivery for such time as is prescribed.
Amended by No. 149, 1965, s. 3.

(2) As soon as possible after the expiration of the prescribed time the postmaster at every such post office shall transmit to the General Post Office or to such other post office as the Postmaster-General directs every postal article that has been kept for the prescribed time and thereupon every such postal article so transmitted and any postal article which remains undelivered at the General Post Office or at such other post office as the Postmaster-General directs beyond the prescribed time shall be dealt with as in this Act provided.
Sub-section (3) omitted by No. 149, 1965, s. 3.
* * * * * * * *

(4) Notwithstanding anything contained in this Act, when any letter or packet bears an indorsement by the sender to the effect that if it remains undelivered for a certain specified time not less than seven days it may be returned to him, the postmaster at the post office to which the letter or packet has been transmitted for delivery shall, as soon as possible after the time so specified, transmit it to the indorsed address, and, if it be refused at the specified address, it shall be deemed to be undelivered and unclaimed and dealt with accordingly.

(5) Where a postal article (other than a newspaper) posted in the Commonwealth for delivery therein which-

(a) bears on the front of the cover the name and address of the sender, and

(b) does not bear the indorsement referred to in the last preceding sub-section,
remains undelivered, for such time as is prescribed, at the post office to which it has been transmitted for delivery, the postmaster at that post office shall, as soon as possible after the expiration of the time so prescribed, transmit it to the sender at the address specified, and if it be refused at such address it shall be deemed to be undelivered and unclaimed and dealt with accordingly.

(6) Every newspaper which remains undelivered at any post office to which it has been transmitted for delivery shall, upon payment within the prescribed time of the rate of postage applicable to printed papers, be returned to the sender, and, upon the expiration of such prescribed time, every undelivered newspaper, for the return of which such rate of postage has not been paid, shall be dealt with in such a manner as is prescribed.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 47.
Telegrams, letters, &c., at hotels remaining undelivered for one month to be
returned to Post Office.

SECT

S.A. P.O. Act 1891 s. 17.
47. (1) All telegrams and postal articles sent by post and addressed to any person at any inn hotel or at any lodging-house or at any house at which lodgers are received and delivered to the occupier or manager of such inn hotel or house shall be deemed to be under the control of the Postmaster-General until delivered to the person to whom the same are addressed, and if the same are not so delivered within one month after the receipt of the same by such occupier or manager and if instructions to the contrary are not received from the person to whom the same are addressed they shall be returned to a letter carrier or to the nearest post office and kept thereat for delivery for such time as may be prescribed and at the expiration of such time shall be transmitted to the General Post Office. All such telegrams and postal articles transmitted to the General Post Office under the provisions of this section shall there be dealt with as undelivered and unclaimed.
Penalty.
Amended by No. 7, 1966, s. 9.

(2) Every such occupier or manager wilfully omitting or failing to return any such telegram or postal article as aforesaid shall be liable to a penalty not exceeding Ten dollars.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 48.
How dead letters, &c., disposed of at General Post Office.

SECT

N.S.W. P. Act 1867 s. 30.
Amended by No. 17, 1923, s. 3; No. 70, 1971, s. 8; and No. 109, 1973, s. 15.
48. On the receipt at a General Post Office or at a post office directed by the Postmaster-General in pursuance of section 46 of any postal article hereinbefore required to be transmitted to such office such postal article if it was originally posted in the Commonwealth or if it has been posted or contains any enclosure or be reasonably suspected to have been posted or to contain any enclosure in fraud or violation of this Act or of any Act relating to the Customs or of any regulation or order made under the authority of this Act may be opened in the General Post Office in the manner hereinafter mentioned; and every postal article if it was originally posted elsewhere shall except as last aforesaid be returned in accordance with the request of the proper authorities in the country in which it was so posted.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 49.
How or by whom unclaimed or dead letters may be opened.

SECT

S.A. P.O. Act 1876 s. 36.
Schedule 2 (B).
Amended by No. 109, 1973, s. 15.
49. Every postal article opened under the provisions of this Act shall be opened in the presence of not less than two officers of the post office nominated for that purpose by the Postmaster-General and every such officer shall before he enters upon his duties in this respect make and subscribe before a justice of the peace a declaration in the Form B in Schedule 2.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 50.
Opened postal articles not containing anything of value, how dealt with.

SECT

S.A. P.O. Act 1876 s. 37.
Sub-section (1) amended by No. 17, 1923, s. 4; No. 45, 1934, s. 2; No. 80, 1950. s. 3; No. 7, 1966, s. 9; and No. 109, 1973, s. 15.
50. (1) Every director, and the postmaster at every post office directed by the Postmaster-General in pursuance of section 46, shall cause every detained unclaimed refused and undelivered postal article whatsoever posted in any part of the Commonwealth which has been opened under the provisions of this Act to be forthwith returned to the writer or sender thereof if his name and address can be ascertained by examination of such article, and such writer or sender shall thereupon be liable to pay double the original postage payable thereon if not prepaid; and if such writer or sender refuses to receive any such article the same may be forthwith destroyed, but he shall be liable to pay the postage thereon and on refusal to pay such postage shall be liable to a penalty not less than Four dollars and not exceeding Ten dollars.
Added by No. 109, 1973, s. 10.

(2) For the purposes of this section, postage payable in respect of postal articles to which an arrangement under section 21 applies shall be deemed to be fully prepaid.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 51.
Manner of dealing with opened letters and packets containing anything of
value.

SECT


Substituted by No. 17, 1923, s. 5.
51. (1) Every undelivered letter or packet which is opened under the provisions of this Act and found to contain any valuable or saleable enclosure shall be dealt with in accordance with the provisions of this section:-

(a) A memorandum of the contents of the letter or packet shall be made and preserved;

(b) If the whereabouts of the person to whom the letter or packet is addressed are known, the letter or packet shall be forwarded by registered post to him;

(c) If the whereabouts of the person to whom the letter or packet is addressed are not known, the letter or packet shall be returned by registered post to the writer or sender thereof, if his whereabouts are known, and if they are not known, the letter or packet shall be destroyed and its contents forfeited.

(2) It shall be a condition of the forwarding or returning of any letter or packet under this section that the person to whom it is forwarded or returned shall, at the time of the delivery of the letter or packet, pay to the Postmaster-General the cost of the registration of such letter or packet.

(3) Notwithstanding anything contained in this section, if the contents of any letter or packet have been posted, or are in fraud or violation of this Act, or any Act relating to the Customs, or of any regulation or order made under the authority of this Act, or with intent to evade payment of the postage properly chargeable on the letter or packet, such letter or packet shall be destroyed and its contents forfeited:

Provided that the Postmaster-General may, if he thinks fit, direct that the letter or packet be restored to the writer or sender thereof.
Substituted by No. 33, 1968, s. 6.

(4) If any contents of a letter or packet forfeited in pursuance of this section are money, the money shall be paid into the Post Office Trust Account.
Substituted by No. 33, 1968, s. 6.

(5) If any contents of such a letter or packet are not money, the contents shall be destroyed, sold, converted into money or otherwise disposed of in such manner as the Postmaster-General directs and the proceeds of the sale, conversion into money or other disposal shall be paid into the Post Office Trust Account.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 52.
Manner of dealing with opened newspapers.

SECT

N.S.W. P. Act 1867 s. 34.
Sub-section (1) amended by No. 33, 1968, s. 7.
52. (1) Every unclaimed or undelivered newspaper opened under the provisions of this Act may be forthwith sold destroyed or used for any public purpose unless before such sale destruction or use thereof the same is claimed and the postage (if any) due thereon is paid by the person to whom the same is addressed. But if any such newspaper has been posted or contains any enclosure in fraud or violation of this Act or of any Act relating to the Customs or of any regulation or order made under the authority of this Act or with intent to evade payment of the postage properly chargeable thereon the said newspaper shall be sold destroyed or used as aforesaid; and anything which is enclosed in or with or which accompanies such newspaper or the cover thereof shall be forfeited.
Added by No. 33, 1968, s. 7.

(2) If the enclosure or accompaniment is money, the money shall be paid into the Post Office Trust Account.
Added by No. 33, 1968, s. 7.

(3) If the enclosure or accompaniment is not money, it shall be destroyed, sold, converted into money or otherwise disposed of in such manner as the Postmaster-General directs and the proceeds of the sale, conversion into money or other disposal shall be paid into the Post Office Trust Account.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 53.
Sender of opened letters, &c., to pay postage.

SECT

N.S.W. P. Act 1867 s. 35.
Amended by No. 7, 1966, s. 9.
53. The sender of any postal article which is opened under the provisions of this Act shall on demand pay the postage and fees (if any) remaining due thereon, and in case of refusal so to do shall be liable to a penalty not exceeding Four dollars.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 54.
No letters, &c., to be returned except in certain cases.

SECT

N.S.W. P. Act 1867 s. 26.
54. Except in the cases in this Act expressly mentioned no letter packet or newspaper shall be destroyed or returned to the writer or sender thereof without either the consent in writing of the person to whom the same is addressed or the direction in writing of the Postmaster-General and no letter packet or newspaper shall be delivered to any person not named in the address thereof without such consent or direction.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 55.
Section 55 repealed by No. 109, 1973, s. 11.

* * * * * * * *

POST AND TELEGRAPH ACT 1901-1973 - SECT. 56.
Letters, &c., for deceased persons, how to be disposed of.

SECT

S.A. P.O. Act 1876 s. 41.
Amended by No. 45, 1934, s. 2; and No. 80, 1950, s. 3.
56. Postal articles addressed to deceased persons may be delivered to the executors or administrators of such deceased person on production of the probate or letters of administration; but until such production the Postmaster-General or a Director may cause such postal articles to be delivered as may be prescribed.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 57.
Power in certain cases to refuse to register or deliver letters, &c.

SECT

Qd. P. & T. Act 1891 s. 49.
57. (1) If the Postmaster-General has reasonable ground to suppose any person to be engaged either in the Commonwealth or elsewhere in receiving money or any valuable thing-

(a) as consideration (1) for an assurance or agreement express or implied to pay or give or (2) for securing that some other person shall pay or give any money or valuable thing on an event or contingency of or relating to any horserace or other race or any fight game sport or exercise; or

(b) for promoting or carrying out a scheme connected with any such assurance agreement or security or a lottery or scheme of chance or an unlawful game; or

(c) as contributions or subscriptions towards any lottery or scheme of chance; or

(d) under pretence of foretelling future events; or

(e) in connexion with a fraudulent obscene indecent or immoral business or undertaking;
he may by order under his hand published in the Gazette direct that any postal article received at a post office addressed to such person either by his own or fictitious or assumed name or to any agent or representative of his or to an address without a name shall not be registered or transmitted or delivered to such person.

(2) The order shall specify such name or address and shall upon publication be of full force and effect until cancelled by the Postmaster-General.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 58.
Letters, &c., in such cases, how dealt with.

SECT

Qd. P. & T. Act 1891 s. 50.
58. (1) Any postal article addressed to the person named in such order by such name or to such address if received at a post office shall not be delivered to such person or at such address but shall be forthwith sent to the General Post Office, and shall if it was originally posted in the Commonwealth be opened and immediately returned to the sender, and if it was not originally posted in the Commonwealth shall be returned unopened to the proper authorities of the colony possession or country where it was originally posted.

(2) Money orders shall not be issued in favour of or paid to any person with respect to whom any such order is made.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 59.
Heavy letters, packets and newspapers may be refused.

SECT

N.S.W. P.A. Am. Act 1893 s. 9.
59. Any postmaster may refuse to receive or to transmit by post any postal article exceeding the weight or dimensions prescribed or of inconvenient form or containing or reasonably suspected to contain any article likely to injure any person or the contents of the mail bags.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 60.
Delivery at post town or at named or last known residence sufficient.

SECT

Qd. P. & T. Act 1891 s. 52.
60. (1) The transmission of a postal article addressed to a person in the Commonwealth to the post office of the post town to which it is directed or if not so directed then to the post office of the post town nearest to the address named shall be sufficient transmission under this Act.

(2) When delivery by letter carriers is provided delivery according to the address or at the last known place of residence of the person named in the address shall be sufficient delivery to such person unless he by written notice to the postmaster of the office to which such article is addressed has prohibited such delivery.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 61.
Despatch and delivery of packets, &c., may be delayed.

SECT

Qd. P. & T. Act 1891 s. 53.
61. When the despatch or delivery of letters from a post office would be delayed by the despatch or delivery at the same time of postcards books packets newspapers or parcels the latter or any of them may subject to the regulations be detained in the post office until a later despatch or delivery.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 62.
Qd. P. & T. Act 1891 s. 54.

SECT

62. In any action or other proceeding for the recovery of any postage or fee payable by authority of this Act in respect of a postal article-
Who deemed to be the sender of a postal article.
(a) The person from whom the postal article purports to have come shall be deemed the sender thereof and the onus of proving that such article did not come from or was not sent by him shall rest on the person proceeded against;
Post office stamp evidence of refusal of letter, &c.
(b) The post office stamp or mark denoting that the postal article has been refused or that the person to whom such article is addressed is dead or cannot be found, shall be prima facie evidence of the refusal thereof or that such person is dead or cannot be found;
Post office stamp evidence of liability to postage.
(c) The post office stamp or mark thereon denoting the postage or fee shall be prima facie evidence of the liability of the postal article to the postage or fee and that the sum stamped or marked thereupon is payable in respect thereof.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 63.
Mail in charge of postmaster, &c., deemed to be by post.

SECT

Qd. P. & T. Act 1891 s. 55.
63. In any action or other proceeding every mail or postal article in charge of or being carried by a postmaster postman mailman maildriver officer or servant of the Department or other person employed by or under the Postmaster-General shall until the contrary is proved be deemed to be in course of being sent by post.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 64.
Power to destroy books, documents, telegrams, &c.

SECT

Vict. P.O. Act 1890 s. 44.
Sub-section (1) amended by No. 77, 1946, s. 10; No. 7, 1966, s. 8; and No. 216, 1973, s. 3.
64. (1) The Postmaster-General may order the destruction in such manner as he thinks fit of any telegrams books of record telegraph tape letter-bills registered letter receipts money orders postal orders returns requisitions orders for delivery of letters or letters to the Department or any other documents or the butts thereof: Provided that such telegrams have not been written within the period of one year prior to the date of any such order and that such books and other documents have not been printed written or prepared within the period of one year prior to the date of any such order, and the Crown or the Postmaster-General or any officer of the post office shall not be accountable in any manner to any person for any telegrams books or documents so destroyed and no claim for damages shall arise to any person by reason of any such destruction.

(2) In this section ''document'' shall be deemed to include documents relating to the parcels post.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 65.
Section 65 repealed by No. 33, 1968, s. 8.

* * * * * * * *

POST AND TELEGRAPH ACT 1901-1973 - PART II

PART II-CARRIAGE OF MAIL BY SHIPS AND AIRCRAFT

POST AND TELEGRAPH ACT 1901-1973 - SECT. 66.
Arrival of vessel, &c., carrying mail.

SECT

Part II substituted by No. 32, 1968, s. 6.
Substituted by No. 32, 1968, s. 6.
66. The master of a vessel, or the person in charge of an aircraft, carrying mail from outside Australia for delivery to the Department in Australia shall, on demand by a person authorized by a Director for the purpose, deliver the mail, or that part of the mail to which the demand relates, to the person so authorized or as he directs.

Penalty: Four hundred dollars.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 67.
Requirement to carry mail.

SECT

Substituted by No. 32, 1968, s. 6.
67. (1) Where a vessel-

(a) is at, or is expected to arrive at, a port or place in Australia; and

(b) is in the course of, or is expected to commence, a voyage to another port or place, whether within or without Australia,
a Director, or an officer authorized by a Director, may, by notice in writing served on the owner, agent or master of the vessel, require that the vessel be made available for the carriage of mail on the voyage from that first-mentioned port or place.

(2) Where-

(a) a requirement under the last preceding sub-section has been made with respect to the carriage of mail on board a vessel from a port or place;

(b) mail for carriage on the vessel is delivered alongside the vessel at that port or place, or to any other part of that port or place that is agreed upon between the officer who made the requirement and the person on whom the requirement was made, not later than a time so agreed or, if no time is so agreed, in sufficient time to permit the vessel, after taking the mail on board, to depart from that port or place not later than the intended time of departure at the time the requirement was made; and

(c) the vessel departs from the port or place without taking on board the mail so delivered,
the person on whom the requirement was made is guilty of an offence against this section.

(3) Where mail is on board a vessel in compliance with a requirement under this section, whether within or without Australia, the owner, agent and master of the vessel are each guilty of an offence against this section if-

(a) the mail is not kept in a secure dry place;

(b) the mail is removed from the vessel, except-

(i) for delivery to the postal authority at the port to which the mail is addressed; or

(ii) in accordance with a direction under the next succeeding sub-section; or

(c) when the vessel arrives at the port to which the mail is addressed, the mail is not delivered forthwith to the postal authority at that port.

(4) Where mail is on board a vessel in compliance with a requirement under this section, whether within or without Australia, a Director may, by notice in writing served on the master of the vessel, direct the master to deliver up the mail, or such part of the mail as is specified in the direction, on demand, to the person specified in the direction and, if the master does not comply with the direction, he is guilty of an offence against this section.

(5) The penalty for an offence against this section is a fine not exceeding One thousand dollars.

(6) An offence against this section committed outside Australia may be prosecuted as if it had been committed at the port or place at which the requirement under this section was made and a court that would have had jurisdiction in respect of the offence if the offence had been so committed has jurisdiction in respect of the offence.

(7) Where mail is carried on board a vessel in compliance with a requirement under this section, the owner of the vessel is entitled to payment in respect of that carriage at the prescribed rate.

(8) A reference in this section to the owner of a vessel shall, in relation to a vessel that is the subject of a charter-party by demise, be read as a reference to the charterer under the charter-party.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 68.
Detention of vessel required to carry mail.

SECT

Substituted by No. 32, 1968, s. 6.
68. (1) Where-

(a) a requirement has been made under the last preceding section with respect to the carriage of mail in a vessel from a port or place; and

(b) a Director or an authorized officer has reason to believe that the vessel may depart from that port or place without the mail on board,
the Director or authorized officer may give a direction in writing to an officer to detain the vessel at that port or place until it is released in accordance with the succeeding provisions of this section.

(2) An officer to whom a direction has been given under the last preceding sub-section may detain the vessel accordingly, and, for that purpose, may-

(a) board the vessel, with such persons as he thinks necessary to assist him; and

(b) use, or authorize the use of, reasonable force to prevent any person from obstructing the carrying out of the direction.

(3) The Postmaster-General, a Director or an authorized officer may, at any time, direct that a vessel that is detained under this section be released from detention and shall, at the request of the master, so direct if he is satisfied that-

(a) there is no longer any necessity for the carriage on board the vessel of any mail that is not already on board; or

(b) it is necessary for the safety of the vessel or of persons on board the vessel that the vessel leave the place at which she is detained.

(4) Notwithstanding any other provision of this section-

(a) a period of detention of a vessel under this section comes to an end, by force of this sub-section, at the expiration of twenty-four hours after the commencement of the period; and

(b) when a vessel has been released from detention (whether by force of this sub-section or otherwise)-a further direction under this section to detain the vessel shall not be given until the expiration of twenty-four hours after the time of release of the vessel.

(5) The Commonwealth or a person acting in accordance with this section is not liable to pay damages or compensation to any person by reason of the lawful detention of a vessel in accordance with this section.

(6) Nothing in this section affects any liability to pay wharfage charges, harbour dues or any other charges in respect of a vessel for any period of detention under this section.

(7) In this section, '' authorized officer '' means an officer authorized in writing by the Director-General of Posts and Telegraphs to give directions under this section.

POST AND TELEGRAPH ACT 1901-1973 - SECTS. 69-73.
Sections 69-73 repealed by No. 32, 1968, s. 6.

* * * * * * * *

POST AND TELEGRAPH ACT 1901-1973 - PART III

PART III- MONEY ORDERS AND POSTAL ORDERS

POST AND TELEGRAPH ACT 1901-1973 - SECT. 74.
Arrangements for money orders and postal orders.

SECT

Heading substituted by No. 7, 1966, s. 6.
Substituted by No. 7, 1966, s. 7.
74. (1) The Commonwealth may make arrangements with the Government of a country outside Australia for the payment in the Commonwealth of money orders or postal orders issued in that country and for the payment in that country of money orders or postal orders issued in the Commonwealth, and for the accounting for, and transmission of, moneys for those purposes.
Amended by No. 109, 1973, s. 15.

(2) The Postmaster-General may make arrangements with an authority of an external Territory for the payment in the Commonwealth of money orders or postal orders issued in that Territory and for the payment in that Territory of money orders or postal orders issued in the Commonwealth, and for the accounting for, and transmission of, moneys for those purposes.

(3) Subject to the regulations, the Director-General may arrange for the issue and payment of money orders and postal orders within the Commonwealth.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 75.
Amount and cost of money orders and postal orders.

SECT

Substituted by No. 7, 1966, s. 7.
75. (1) A money order shall not be issued for an amount exceeding the prescribed amount.

(2) A postal order shall not be issued for an amount exceeding the prescribed amount.

(3) The Postmaster-General may make the prescribed charges in respect of money orders and postal orders.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 76.
Section 76 repealed by No. 7, 1966, s. 7.

* * * * * * * *

POST AND TELEGRAPH ACT 1901-1973 - SECT. 77.
When amount of money order may be refunded.

SECT

Qd. P. & T. Act 1891 s. 68.
77. (1) The Postmaster-General may repay the amount of a money order to the person to whom it was granted or his executors or administrators whether the money order remains or is in his or their possession or not.

(2) Upon the repayment all liability if any of the Postmaster-General or of any postmaster or officer of the Department in respect of the money order or the issue or repayment of the amount thereof shall as against all persons whomsoever cease and determine.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 78.
To be deemed valuable security and public moneys.

SECT

Qd. P. & T. Act 1891 s. 69.
N.S.W. P. Act 1867 s. 75.
Amended by No. 7, 1966, s. 8.
78. Every money order and postal order shall be deemed a valuable security within the meaning of any law relating to larceny, and an unissued postal order shall be deemed public moneys.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 79.
No stamp duty on money orders or postal orders.

SECT

Amended by No. 7, 1966, s. 8.
79. No stamp duty shall be charged upon any money order or postal order issued or paid under the provisions of this Act.

POST AND TELEGRAPH ACT 1901-1973 - PART IV

PART IV-TELEGRAPHS

POST AND TELEGRAPH ACT 1901-1973 - SECT. 80.
Postmaster-General to have exclusive rights in respect of telegraphs.

SECT

W.A. P. & T. Act 1893 s. 65.
Amended by No. 109, 1973, s. 15.
80. The Postmaster-General shall have the exclusive privilege of erecting and maintaining telegraph lines and of transmitting telegrams or other communications by telegraph within the Commonwealth and performing all the incidental services of receiving collecting or delivering such telegrams or communications except as provided by this Act or the regulations:

Provided that-

(a) the Government railway authorities of each State shall have authority to erect and maintain within the railway boundaries telegraph lines required for the working of the railways, and

(b) the owners of any railway or tramway may maintain for the time and to the extent authorized by any State Act any telegraph lines erected in pursuance of rights conferred by any State Act in force at the commencement of this Act and which are required for the working of the railway or tramway.
But except by authority of the Postmaster-General no such telegraph line shall be used for the purpose of transmitting and delivering telegrams for the public. Where such authority is obtained the revenue derived from such telegrams shall be divided between the Department and the railway authorities or owners in such proportions as may be mutually arranged.

Provided also that nothing in this section shall be taken to prevent any person from maintaining and using any telegraph line heretofore erected by him or from erecting maintaining and using any telegraph line-

(a) which is wholly within and upon land whereof he is the proprietor or occupier and solely for his own purposes if no part of such line is within 3.7 metres of any existing line of the Postmaster-General except for the purpose of connecting with or crossing such line; or

(b) which is used for telephonic communication and is wholly within a building whereof he is the occupier or proprietor, and solely for his own purposes.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 81.
Authority to persons to erect and maintain telegraph lines.

SECT

81. The Postmaster-General may on such conditions as he deems fit authorize any person to erect and maintain telegraph lines within the Commonwealth, and to use the same for all purposes of and incidental to telegraphic communication.

Provided that such conditions and authority shall not be requisite in the case of any person erecting or maintaining telegraph lines erected upon private land or within a private building.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 81A.
Telegraph lines not to be used for certain purposes.

SECT

Inserted by No. 35, 1949, s. 2. Sub-section (1) amended by No. 109, 1973, s. 15; and No. 216, 1973, s. 3.
81A.* (1) A person shall not use a telegraph line (not being a telegraph line erected upon private land or within a private building) for the purpose of transmitting a programme or other matter, being a programme or matter broadcast or transmitted by a broadcasting station or television station within the meaning of the Broadcasting and Television Act 1942-1973, and if a person uses a telegraph line for any such purpose he shall be deemed to have used that telegraph line without the authority of the Postmaster-General and the provisions of section 128 shall apply accordingly.
Amended by No. 80, 1950, s. 3; and No. 109, 1973, s. 15.

(2) The last preceding sub-section shall not apply where the programme or matter transmitted is so transmitted for the purpose of further transmission by means of wireless telegraphy (as defined by section 2 of the Wireless Telegraphy Act 1905-1936).

POST AND TELEGRAPH ACT 1901-1973 - SECT. 82.
Postmaster-General may contract for construction of telegraph lines.

SECT

Qd. P. & T. Act 1891 ss. 70, 71.
82. (1) The Postmaster-General or any person authorized in that behalf by the Postmaster-General may enter into a contract with any other person for the construction and maintenance of any telegraph line by such person for the Postmaster-General or for his own use.
Telegraph lines to be subject to this Act.

(2) Every telegraph line constructed or to be constructed within the Commonwealth shall be subject to the provisions of this Act and the regulations.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 83.
Provisions as to crossing roads, &c., by private lines.

SECT

Amended by No. 32, 1968, s. 7; and No. 109, 1973, s. 15.
83. Where a private line has been constructed before or after the commencement of this Act by a person who is the owner of the land upon both sides of a road railway tramway public reserve Crown lands or creek nothing in this Act shall be deemed to prevent such person on payment of the prescribed fee from continuing or carrying such private line across any such road railway tramway public reserve Crown lands or creek at a height of at least 4.9 metres from the surface of such road railway tramway public reserve Crown lands or creek or otherwise as approved by the Postmaster-General.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 84.
Lands may be entered and surveyed, &c.

SECT

Qd. P. & T. Act 1891 s. 72.
84. Any person acting under the authority of the Postmaster-General may for the purpose of this Act enter upon any land and survey and take levels thereof and dig fell remove and carry away from the land any earth stone gravel sand or other soil or timber or trees required to be used in constructing or maintaining a telegraph line or the works connected therewith.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 85.
Works to be made on any land, &c.

SECT

Qd. P. & T. Act 1891 s. 73.
Sub-section (1) amended by No. 30, 1912, s. 2; No. 17, 1923, s. 6; No. 32,1968, s. 8; and No. 109, 1973, s. 15.
85. (1) A person so authorized may cause to be set up or opened up or laid down and maintained a telegraph line or any works necessary for the purposes of this Act upon under or through any land or any shore of the sea road stream or water and may break excavate and remove any soil to the extent and depth required for placing or removing the works:

Provided that every wire or cord crossing a road or commonly used wagon track or water above the surface shall be at least 4.9 metres from the surface and that when along any such road track or water such wire or cord shall, except at a crossing, be at least 3.7 metres from the surface and that the free use of any land shore road or water shall not be obstructed more than is necessary for the purposes of this Act.

Provided further that where any wire or cord is erected, along a road or commonly used wagon track, as close to the fence as practicable, it may, except at places where traffic is required to pass under the wire or cord, be less than 3.7 metres but not less than 2.4 metres from the surface.
Sub-section (2) omitted by No. 32, 1968, s. 8.
* * * * * * * *

POST AND TELEGRAPH ACT 1901-1973 - SECT. 85A.
Removal of line consequent upon opening of new roads.

SECT

Added by No. 17, 1923, s. 7; amended by No. 80, 1950, s. 3.
85A. Where subsequently to the erection of a telegraph line, whether erected before or after the commencement of this Act, it becomes necessary, owing to the subdivision of any land, to remove or alter the line or any pole, the cost of such removal or alteration shall be borne by the person responsible for the subdivision of the land.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 86.
Wires, &c., may be affixed to buildings.

SECT

Qd. P. & T. Act 1891 s. 74. Amended by No. 32, 1968, s. 8.
86. A person so authorized may whenever it is necessary for continuing or completing a telegraph line cause a wire or cord to be supported by affixing or annexing the same to in or upon through or against any part of a house building or other structure in a city town or village.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 87.
Trees obstructing telegraph lines may be cut or lopped.

SECT

S.A. P.O. Act 1891 s. 23.
Sub-section (1) amended by No. 109, 1973, s. 15.
87. (1) Such trees or underwood as obstruct or in the opinion of the Postmaster-General or other officer duly authorized by him are likely to interfere with the proper working of any telegraph line if growing upon Crown lands or upon any road street or high-way may after notice to the local or other authority having the care and management thereof be cut down or lopped as may be deemed necessary by the said Postmaster-General or such officer after consultation with such authority, and if growing upon private lands within 6 metres of any such line then the proprietor or occupier of such private lands shall cut down or lop the same as and when required so to do by the said Postmaster-General or such officer, and upon default the said Postmaster-General or such officer may enter upon the said private lands and cause such trees and underwood to be cut or lopped as may be deemed necessary.

(2) This Act shall be sufficient to indemnify the Postmaster-General and his officers servants agents and workmen and all other persons whomsoever for what he or any of them shall reasonably do by virtue of the powers by this section granted.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 88.
Free access to be permitted for the repair of telegraph line.

SECT

W.A. P. & T. Act 1893 s. 63.
Sub-section (1) amended by No. 109, 1973, s. 15.
88. (1) Where subsequently to the erection of a telegraph line whether erected before or after the commencement of this Act a fence is erected crossing the line of direction of such telegraph line the owner of such fence shall at his own cost on the demand of the Postmaster-General in writing cause a gate or slip-rails at least 3 metres wide to be put up in such fence at the point of intersection with the telegraph line to admit the passage at all times of any vehicle used in the repair of such telegraph line.

(2) Any person being employed in the repair of a telegraph line if such demand has not been complied with within fourteen days after such demand may remove cut down or otherwise break through such fence.
Amended by No. 109, 1973, s. 15.

(3) Where previously to the erection of a telegraph line a fence has been erected which is subsequently crossed by a telegraph line the person causing the erection of such telegraph line may if authorized by the Postmaster-General in writing cause a gate or slip-rails at least 3 metres wide to be put up in the manner aforesaid at the expense of the Postmaster-General and shall give to the owner of such fence seven days' notice in writing of his intention to do so.

(4) The owner within the meaning of this section shall include the person in occupation of the lands on which the fence is erected.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 89.
Laying lines under streets.

SECT

Qd. P. & T. Act 1891 s. 76.
89. The Postmaster-General or any person authorized by him may after notice to the local or other authority having the care and management thereof place and maintain any lines or pipes tunnels or tubes for purposes of telegraphic or pneumatic communication or despatch under any street or public road and may alter or remove the same and for such purposes may break up any street or public road and alter the position thereunder of any pipe (not being a sewer or drain or a main) for the supply of water or gas or electricity.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 90.
Provision as to compensation.

SECT

Qd. P. & T. Act 1891 s. 77.
W. A. P. & T. Act 1893 s. 64.
90. (1) In the exercise of the powers conferred by this Act the Postmaster-General or the person so authorized as herein mentioned shall do as little damage as possible and the Postmaster-General shall make adequate compensation to all local authorities and persons interested for any damages sustained by them by reason of the exercise of such powers.

(2) The compensation if the amount cannot be otherwise agreed upon shall be settled by arbitration.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 91.
Postmaster-General may resume possession of private lines for default.

SECT

Vict. P.O. Act 1897 s. 13.
Amended by No. 45, 1934, s. 2; and No. 109, 1973, s. 15.
91. If any person to whom before or after the commencement of this Act the use of any line of telegraphic communication has been granted-

(a) refuses or neglects to pay when due and on demand the rent or charges prescribed by the regulations; or

(b) commits in the opinion of the Postmaster-General a breach of any of the said regulations or of any of the terms or conditions upon which the use of such line is granted permitted or continued
the Postmaster-General may without prejudice to the remedies for such refusal or neglect prescribed in section 93 resume possession of the said line and prevent further use thereof by such person and such person shall not be entitled to any compensation for loss arising through the exercise by the Postmaster-General of the powers conferred by this section.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 92.
Resumption of private lines after notice.

SECT

92. (1) The Postmaster-General may with the consent of the Parliament and after giving six months' notice resume any private telegraph or telephone line.

(2) The compensation if the amount cannot be otherwise agreed upon shall be settled by arbitration.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 93.
Recovery of rents and charges.

SECT

Vict. P.O. Act 1897 s. 14.
93. If any person refuses or neglects to pay on demand the rent or charges due from him under the regulations for the use of any line of telegraphic communication the Postmaster-General may recover the same with costs in any court of competent jurisdiction.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 94.
Certain lines, &c., to belong to Postmaster-General.

SECT

Vict. P.O. Act 1897 s. 19.
94. (1) All telegraph lines wholly or partly erected at the cost of the Department whether before or after the commencement of this Act on any lands vested in the railway authorities of the several States shall be maintained by the Postmaster-General and may at any time be repaired or removed by his order.

(2) All telegraph lines erected acquired or maintained by the Postmaster-General, whether before or after the commencement of this Act, are hereby vested in the Postmaster-General.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 95.
Order of transmitting telegrams.

SECT

Qd. P. & T. Act 1891 s. 81.
95. (1) Telegrams shall as far as practicable be transmitted in the order in which they are received but urgent telegrams that is to say telegrams for which the prescribed increased rate is paid and telegrams relating to the arrest of criminals the discovery or prevention of crime the administration of justice and when so required telegrams on the public service shall be transmitted before other telegrams.

(2) Provided that regulations may be made prescribing the order of transmission of delayed telegrams that is to say telegrams upon which reduced rates are to be paid.
Penalty.
Amended by No. 7, 1966, s. 9.

(3) Every officer wilfully offending against the provisions of this section shall be liable to a penalty not exceeding Two hundred dollars or imprisonment not exceeding two years.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 96.
Blasphemous, obscene and scandalous telegrams may be refused.

SECT

Qd. P. & T. Act 1891 s. 82.
96. Any person employed under the authority of the Postmaster-General may refuse to receive or transmit a telegram containing blasphemous indecent obscene offensive or scandalous matter in its contents address or signature.

POST AND TELEGRAPH ACT 1901-1973 - PART IVA

PART IVA-FINANCE

POST AND TELEGRAPH ACT 1901-1973 - SECT. 96A.
Interpretation.

SECT

Part IVA inserted by No. 33, 1968, s. 9.
Inserted by No. 33, 1968, s. 9. Sub-section (1) amended by No. 109, 1973, s. 15.

96A. (1) In this Part, unless the contrary intention appears-

''the Account'' means the Post Office Trust Account established by this Part;

''the Post Office Services'' means the postal and telegraphic services provided by the Commonwealth or by the Postmaster-General under this Act or under section 76 of the Overseas Telecommunications Act 1946-1968, and includes-

(a) anything done by the Commonwealth in association with the provision of those services; and

(b) anything done by the Commonwealth under this Act in respect of money orders and postal orders,

but does not include anything done by the Postmaster-General under Division 5 of Part III of the Broadcasting and Television Act 1942-1967 or under the Wireless Telegraphy Act 1905-1967.
Amended by No. 109, 1973, s. 15.

(2) In this Part-

(a) a reference to the payment of an amount out of the Post Office Trust Account to the Consolidated Revenue Fund or into another account that is a Trust Account for the purposes of section 62A of the Audit Act 1901-1966 shall be read as a reference to the making, in the books of account kept for the purpose of recording transactions in relation to the Post Office Trust Account and in relation to the Fund or the other Trust Account, of entries debiting the Post Office Trust Account, and crediting the Fund or the other Trust Account, with that amount; and

(b) a reference to the payment of an amount out of the Consolidated Revenue Fund or out of another account that is a Trust Account for the purposes of that section into the Post Office Trust Account shall be read as a reference to the making, in those books of account, of entries debiting the Fund or the other Trust Account, and crediting the Post Office Trust Account, with that amount.

(3) A determination or direction by the Treasurer under this Part shall be made or given by instrument in writing.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 96B.
Post Office Trust Account.

SECT

Inserted by No. 33, 1968, s. 9.
96B. (1) There is hereby established a Post Office Trust Account.
Amended by No. 109, 1973, s. 15.

(2) The Account is a Trust Account for the purposes of section 62A of the Audit Act 1901-1966.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 96C.
Moneys to be paid into Trust Account.

SECT

Inserted by No. 33, 1968, s. 9. Sub-section (1) amended by No. 109, 1973, s. 15.

96C. (1) There may from time to time be paid into the Account-

(a) moneys appropriated by law before the commencement of this Part in respect of the financial year commencing on 1 July 1968 in respect of the Post Office Services or appropriated by law after the commencement of this Part for the purposes of the Account;

(b) so much (if any) as the Treasurer directs of any moneys appropriated by law by way of Advance to the Treasurer;

(c) moneys appropriated by law in respect of any works or services paid for, or to be paid for, out of-

(i) moneys standing to the credit of the account; or

(ii) moneys appropriated by law before the commencement of this Part in respect of the Post Office Services;

(d) moneys standing to the credit of another account that is a Trust Account for the purposes of section 62A of the Audit Act 1901-1966, being moneys that may be lawfully applied by way of payment in respect of any works or services paid for, or to be paid for, out of-

(i) moneys standing to the credit of the Account; or

(ii) moneys appropriated by law before the commencement of this Part in respect of the Post Office Services;

(e) moneys received by the Commonwealth in respect of any works or services paid for, or to be paid for, out of-

(i) moneys standing to the credit of the Account; or

(ii) moneys appropriated by law before the commencement of this Part in respect of the Post Office Services;

(f) moneys received by the Commonwealth from the sale or lease of any land acquired, or from the sale or hire of any goods acquired or produced, out of-

(i) moneys standing to the credit of the Account; or

(ii) moneys appropriated by law before the commencement of this Part in respect of the Post Office Services;

(g) so much of any moneys appropriated by law for the purpose of the doing of anything under Division 5 of Part III of the Broadcasting and Television Act 1942-1967 or under the Wireless Telegraphy Act 1905-1967 as represents the cost of doing that thing; and

(h) moneys paid by any person to the Commonwealth in such circumstances that the Treasurer considers it appropriate that the moneys should be paid into the Account.

(2) Payments into the Account of moneys referred to in paragraph (a) of the last preceding sub-section shall be made in such amounts and at such times as the Treasurer determines.
Amended by No. 109, 1973, s. 15.

(3) The Treasurer may, if he considers it appropriate to do so-

(a) direct the repayment, in such amounts and at such times as he specifies, to the Consolidated Revenue Fund of any amount paid into the Account under paragraph (a) or paragraph (b) of sub-section (1); and

(b) direct the payment, at such times as he specifies, out of the Account to the Consolidated Revenue Fund of amounts representing interest, at such rate as he determines, upon so much of any amount to which the last preceding paragraph applies as has not been repaid.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 96D.
Expenditure from Trust Account.

SECT

Inserted by No. 33, 1968, s. 9.
96D. Subject to the next succeeding section, moneys standing to the credit of the Account may be applied-

(a) in discharge of the liabilities of the Commonwealth in connexion with-

(i) the Post Office Services; and

(ii) the doing of anything under Division 5 of Part III of the Broadcasting and Television Act 1942-1967 or under the Wireless Telegraphy Act 1905-1967;

(b) in making any other payments that are required by law to be made out of the Account; and

(c) in making any other payments that are appropriate to be made out of the Account.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 96E.
Power of Treasurer to limit capital expenditure from Trust Account in a
financial year.

SECT

Inserted by No. 33, 1968, s. 9.
96E. The Treasurer may, before or during a financial year, do either or both of the following things:-

(a) determine the maximum amount to be paid out of the Account during that financial year in respect of capital expenditure;

(b) determine the maximum amount to be paid out of the Account during that financial year in respect of a class of capital expenditure specified in the determination.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 96F.
Payments out of Trust Account in respect of superannuation.

SECT

Inserted by No. 33, 1968, s. 9.
96F. (1) There shall be paid out of the Account to the Consolidated Revenue Fund, at such times as the Treasurer determines, such amounts as the Treasurer, after receiving the advice of the Commonwealth Actuary, determines in respect of the future liability of the Commonwealth to make payments under any Acts relating to superannuation in respect of persons employed in connexion with the Post Office Services.

(2) Where persons employed in connexion with the Post Office Services also perform in the course of their employment by the Commonwealth duties not connected with those Services, the Commonwealth Actuary shall have regard to that fact in furnishing advice to the Treasurer under the last preceding sub-section.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 96G.
Payments out of Trust Account in respect of expenditure incurred before
commencement of Part.

SECT

Inserted by No. 33, 1968, s. 9.
96G. (1) There are payable out of the Account to the Consolidated Revenue Fund-

(a) such amount as the Treasurer determines in respect of expenditure on the Post Office Services incurred before the commencement of this Part; and

(b) amounts representing interest, at such rate as the Treasurer determines, upon so much of the amount referred to in the last preceding paragraph as has not been so paid.

(2) Payments under the last preceding sub-section shall be made in such amounts and at such times as the Treasurer determines.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 96H.
Financial policy in respect of Post Office Services.

SECT

Inserted by No. 33, 1968, s. 9.
96H. (1) In the administration of this Act in relation to the Post Office Services, the Postmaster-General shall pursue a policy directed towards achieving in respect of each financial year, in respect of those Services, such financial results as the Postmaster-General, with the concurrence of the Treasurer, determines.

(2) The amount of the profits (if any) of the Post Office Services for a financial year shall be applied in such manner as the Postmaster-General, with the concurrence of the Treasurer, determines.

(3) For the purposes of this section, the amount of the profits of the Post Office Services for a financial year is the amount (if any) remaining after deducting from the amount of the revenue received or receivable in respect of those Services in that year an amount representing the cost of those Services properly chargeable against that revenue.

(4) For the purposes of this section, the cost of the Post Office Services properly chargeable against the revenue received or receivable in respect of those Services in a financial year includes-

(a) provision made in respect of that year for obsolescence and depreciation of assets; and

(b) provision made in respect of that year for future or contingent liabilities, including provision in respect of long service leave.

(5) The Treasurer may give a direction as to a provision to be made as mentioned in paragraph (a) or paragraph (b) of the last preceding sub-section and provision shall, in respect of each financial year while the direction remains in force, be made accordingly.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 96J.
Proper accounts to be kept.

SECT

Inserted by No. 33, 1968, s. 9.
96J. The Postmaster-General shall cause proper accounts and financial records to be kept in relation to the Post Office Services in accordance with accounting principles generally applied in commercial practice.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 96K.
Audit.

SECT

Inserted by No. 33, 1968, s. 9.
96K. (1) The Auditor-General shall inspect and audit the accounts and financial records kept in accordance with the last preceding section and shall forthwith draw the attention of the Postmaster-General to any irregularity that is disclosed by the inspection and audit and is, in the opinion of the Auditor-General, of sufficient importance to justify his so doing.

(2) The Auditor-General shall, at least once in each year, report to the Postmaster-General the results of the inspection and audit carried out under the last preceding sub-section.

(3) The Auditor-General or a person authorized by him is entitled at all reasonable times to full and free access to all accounts, records, documents and papers relating directly or indirectly to the payment of moneys into and out of the Account.

(4) The Auditor-General or a person authorized by him may make copies of, or take extracts from, any such accounts, records, documents or papers.

(5) The Auditor-General or a person authorized by him may require any person to furnish him with such information in the possession of the person or to which the person has access as the Auditor-General or authorized person considers necessary for the purposes of an inspection or audit under this section, and the person shall comply with the requirement.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 96L.
Annual report and financial statements by Director-General.

SECT

Inserted by No. 33, 1968, s. 9.
96L. (1) The Director-General shall, as soon as practicable after the end of each financial year, prepare and furnish to the Postmaster-General a report in relation to the operation of the Post Office Services during that year, together with financial statements in respect of that year in such form as the Treasurer approves.
Amended by No. 109, 1973, s. 15.

(2) Before furnishing the financial statements to the Postmaster-General, the Director-General shall submit them to the Auditor-General, who shall report to the Postmaster-General-

(a) whether the statements are based on accounts and financial records kept in accordance with this Part;

(b) whether the statements are in agreement with the accounts and financial records and show fairly the financial operations and the state of the financial affairs of the Post Office Services;

(c) whether the payments of amounts into and out of the Account during the year have been in accordance with this Part;

(d) as to the adequacy of a provision referred to in paragraph (a) or paragraph (b) of sub-section (4) of section 96H; and

(e) as to such matters arising out of the statements as the Auditor-General considers should be reported to the Postmaster-General.

(3) The Postmaster-General shall cause the report and financial statements furnished to him by the Director-General, together with the report of the Auditor-General, to be laid before each House of the Parliament within fifteen sitting days of that House after their receipt by the Postmaster-General.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 96M.
Annual statement to Parliament by Postmaster-General.

SECT

Inserted by No. 33, 1968, s. 9.
96M. As soon as practicable after the end of each financial year, the Postmaster-General shall cause to be laid before each House of the Parliament a statement with respect to-

(a) the estimated financial results of the Post Office Services in respect of that financial year, the amount of capital expenditure that was, or is estimated to have been, incurred in respect of those Services during that year, the sources from which the moneys expended were obtained and works and services to which that expenditure related;

(b) the estimated financial results of the Post Office Services in respect of the next succeeding financial year, the amount of capital expenditure proposed to be incurred in respect of those Services during that year, the sources from which the moneys to be expended are proposed to be obtained and works and services to which that expenditure will relate; and

(c) such other matters relating to the Post Office Services as he considers appropriate.

POST AND TELEGRAPH ACT 1901-1973 - PART V

PART V-REGULATIONS

POST AND TELEGRAPH ACT 1901-1973 - SECT. 97.
Regulations.

SECT

Qd. P. & T. Act 1891 s. 83.
Sub-section (1) amended by No. 28, 1910, s. 2; No. 23, 1913, s. 2; No. 45, 1934, s. 2; No. 80, 1950, s. 3; No. 7, 1966, ss. 8 and 9; No. 32, 1968, s. 10; and No. 70, 1971, s. 9.
97.* (1) The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular, may make regulations for all or any of the following purposes*:-

(a) Providing for the establishment and management of post offices and telegraph offices and the receipt despatch carriage and delivery of postal articles and telegrams and for the conduct and guidance of all postmasters and other officers and servants of the Department.

* * * * * * * *

(c) Prescribing the maximum weight and dimensions of postal articles.

(d) Providing for-

(1) transmission and delivery of parcels;

(2) the conditions under which parcels may be received transmitted delivered returned to the senders or otherwise disposed of;

(3) the maximum weight rates or fees to be charged for the transmission delivery return insurance or registration of parcels; and

(4) the manner in which such rates or 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 parcel.

(e) Imposing fees to be paid upon postal articles registered under this Act or posted after the time appointed for closing the mails.

(f) Providing for private boxes and private bags and prescribing the fees to be payable therefor.

(g) Prescribing the form of and the mode of issuing licences for the sale of stamps and the commission to be allowed thereon.

(h) Prescribing the mode of defacing or obliterating stamps on postal articles.

(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.
(j) Prescribing the mode of sale distribution or destruction of undelivered newspapers.

(k) Prescribing the persons by or through whom and the places where and the times when and the manner and form in which money orders shall be issued, and the persons in favour of whom and the places where and the time when and the manner and form in which money orders shall be paid and the length of time after which they shall become void, and the mode of forwarding messages or advices of transmitting moneys and of managing credits accounts and other matters and things necessary to be forwarded transmitted or managed in reference to money orders whereby the public may be enabled promptly and safely to remit sums of money through the Department.

(l) Prescribing the conditions relating to the issue payment and cancellation of postal orders.

(m) Prescribing the fees rates and dues to be received for-

(1) any conversation on any telegraph line or on any telephone exchange or private telephone line;

(2) rent or hire for the use of any such exchange or private telephone line;

(3) and generally for the management working and maintenance of any or all such telegraph lines.

(ma) Prescribing the conditions of receipt, transmission, and delivery of letter telegrams.

(n) Prescribing the terms and conditions on which agreements may be made by the Postmaster-General or a Director with any person for the construction and maintenance of a telegraph line for the exclusive use of such person or for granting the exclusive use of any existing telegraph line to any person and prescribing the scale and times and manner of payment in advance or otherwise of the rent and charges to be paid by such person as the consideration for the agreement.

(o) Securing the telegraph lines and works of the Postmaster-General from interference or injurious affection by electric lines or works.

(p) Voting by post at elections under the law of the Commonwealth or that of a State but in the latter case only at the request of the Governor of the State and on such terms as the Governor-General prescribes.

(q) Providing for the payment by the Governor of any State or by any person instead of the sender of the rate payable on any postal article.

* * * * * * * *

(s) For the purpose of providing for the payment of a rate of wages and fair working conditions in all contracts under this Act, such rates of wages and conditions to be those recognized in the locality in which the work is carried out.
Amended by No. 216, 1973, s. 3.

(1A) The power to make regulations contained in this section shall extend to the making of regulations binding not only upon officers and persons having business with the Department, but upon all persons whatsoever, and all regulations made in pursuance of this section shall have effect as if they were enacted in this Act.
Added by No. 32, 1968, s. 10.

(2) The regulations may prescribe a fine or a period of imprisonment, or both a fine and a period of imprisonment, for any contravention of the regulations, but a fine so prescribed shall not exceed Two hundred dollars and a period so prescribed shall not exceed twelve months.

POST AND TELEGRAPH ACT 1901-1973 - PART VI

PART VI-PENALTIES

POST AND TELEGRAPH ACT 1901-1973 - SECT. 98.
Conveying of letter otherwise than by post.

SECT

W.A.P.&T. Act 1893 s. 73.
Sub-section (1) amended by No. 7, 1966, s. 9.
98. (1) No letter shall be sent or carried for hire or reward otherwise than by post.
Amended by No. 216, 1973, s. 3.

(1A) Any person who for hire or reward-

(a) sends or conveys or causes to be sent or conveyed any letter otherwise than by post; or

(b) takes charge of a letter for such conveyance
shall be liable for every offence to a penalty of not less than Ten dollars nor more than One hundred dollars.
Evidence.

(2) Every letter sent or conveyed or caused to be sent or conveyed or taken charge of to be conveyed otherwise than by post shall be deemed to have been sent or conveyed or caused to be sent or conveyed or taken charge of for hire or reward unless the contrary is shown by the defendant.
Exceptions.
N.S.W. P. Act 1867 s. 54.
Amended by No. 109, 1973, s. 15.

(3) Nothing herein contained shall extend to any letter-

(a) Exceeding 500 grams in weight;

(b) Exclusively concerning goods sent and to be delivered therewith;

(c) Sent by any person concerning his private affairs by any special messenger; or

(d) Bona fide sent or carried to or from the nearest post office.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 99.
Forging or fraudulently using or possessing dies or plates.

SECT

W.A. P.&T. Act 1893 s. 74.
Amended by No. 216, 1973, s. 3.
99. Any person who-

(a) (1) Forges or counterfeits; or

(2) causes or procures to be forged or counterfeited

any die plate or other instrument or any part of any die plate or other instrument which has been provided made or used by or under the direction of any competent person authority department or Government in or of the Commonwealth or the United Kingdom or any British possession or any foreign country for the purpose of making any postage stamp or expressing or denoting any rate or duty of postage or any poundage;

or any die plate or other instrument or any part of any die plate or other instrument appearing on the face thereof or purporting to have been provided made or used by or under such directions as aforesaid for the purpose aforesaid.

(b)
(1) Forges counterfeits or imitates; or

(2) causes or procures to be forged counterfeited or imitated the stamp mark or impression or any part of the stamp mark or impression of any such die plate or other instrument upon any paper or other substance or material whatever.

(c) Knowingly and without lawful excuse (the burden of proof whereof shall be on the person accused)-

(1) has in his possession; or

(2) sells purchases disposes of or receives

any false forged or counterfeited die plate or other instrument or part of any such die plate or other instrument resembling or intended to resemble either wholly or in part any die plate or other instrument which has been so provided made or used as aforesaid.

(d)
(1) Stamps or marks; or

(2) causes or procures to be stamped or marked

any paper or other substance or material whatsoever with any such false forged or counterfeited die plate or other instrument or part of any such die plate or instrument as aforesaid.

(e) Knowingly and without lawful excuse (the burden of proof whereof shall be on the person accused)-

(1) uses utters sells exposes to sale; or

(2) causes or procures to be used uttered sold or exposed to sale; or

(3) has in his possession

any paper or other substance or material having thereon the impression or any part of the impression of any such false forged or counterfeited die plate or other
instrument or part of any such die plate or other instrument as aforesaid; or

any paper or other substance or material having thereon any false forged or counterfeit stamp or impression resembling or representing either wholly or in part or intended or liable to pass or be mistaken for the stamp mark or impression of any such die plate or other instrument which has been so provided made or used as aforesaid.

(f) With evil intent-

(1) privately or fraudulently uses; or

(2) causes or procures to be privately or fraudulently used

any die plate or other instrument so provided made or used as aforesaid.

(g) With evil intent privately or fraudulently-

(1) stamps or marks; or

(2) causes or procures to be stamped or marked

any paper or other substance or material whatsoever with any such die plate or other instrument as last aforesaid.

(h) Knowingly and without lawful excuse (the burden of proof whereof shall be on the person accused) has in his possession any paper or other substance or material so privately or fraudulently stamped or marked as aforesaid
shall be guilty of an indictable offence and shall be liable to imprisonment for a term not exceeding two years.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 100.
Unlawful possession of moulds for making postage-stamp or postal-note paper.

SECT

W.A. P. & T. Act 1893 s. 76.
Amended by No. 7, 1966, s. 8; and No. 216, 1973, s. 3.
100. Any person who without lawful authority or excuse (the burden of proof whereof shall be on the person charged)-

(a) makes or causes or procures to be made; or

(b) aids or assists in making; or

(c) knowingly has in his custody or possession-

(1) any mould frame or other instrument having thereon any words letters figures marks lines or devices peculiar to and appearing in the substance of any paper provided or used for postage stamps postal notes or postal orders by or under the direction of any competent person authority department or Government in or of the Commonwealth or the United Kingdom or any British colony or possession or any foreign country; or

(2) any paper in the substance of which appear any words letters figures marks lines or devices peculiar to and appearing in the substance of any paper provided by or under the direction aforesaid or used for postage stamps postal notes or postal orders or any part of such letters words figures marks lines or devices and intended to imitate the same; or

(d) causes or assists in causing any such words letters figures marks lines or devices intended to imitate those so provided or used as aforesaid to appear in the substance of any paper whatsoever,
shall be guilty of an indictable offence and shall be liable to imprisonment for a term not exceeding two years.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 101.
Illegal possession of postage-stamp or postal-note paper.

SECT

W.A. P. & T. Act 1893 s. 77.
Amended by No. 7, 1966, s. 8; and No. 216, 1973, s. 3.
101. Any person who without lawful authority or excuse (the burden of proof whereof shall be on the person charged)-

(a) sells purchases disposes of or receives; or

(b) knowingly has in his custody or possession,
any paper provided by or under the direction of any competent person authority department or Government in or of the Commonwealth or the United Kingdom or any British colony or possession or any foreign country for the purposes of being used for postage stamps postal notes or postal orders before the same has been lawfully issued for public use shall be guilty of an indictable offence and shall be liable to imprisonment for any term not exceeding two years.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 102.
Illegally sending postal envelopes.

SECT

Qd. P. & T. Act 1891 s. 93.
Amended by No. 7, 1966, s. 9.
102. Any person who without lawful authority or excuse (the burden of proof whereof shall be on the person charged)-

(a) makes any envelope wrapper card form or paper in imitation of one issued by or under the authority of the Postmaster-General of the Commonwealth or of any other part of His Majesty's dominions or of any foreign postal authority or having thereon any words letters or marks which signify or imply or may reasonably lead the recipient to believe that a postal article bearing the same is sent on postal or telegraph service; or

(b) makes on any envelope wrapper card form or paper for the purpose of being issued or sent by post or otherwise or otherwise issued any mark in imitation of or similar to or purporting to be any stamp or mark of any post office under the Postmaster-General of the Commonwealth or of any other part of His Majesty's dominions or under any foreign postal authority or any words letters or marks which signify or imply or may reasonably lead the recipient thereof to believe that a postal article bearing the same is sent on postal or telegraph service; or

(c) issues or sends by post or otherwise any envelope wrapper card form or paper so marked,
shall be liable to a penalty not exceeding One hundred dollars.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 103.
Fraudulently removing stamps.

SECT

Qd. P. & T. Act 1891 s. 94. Vict. P.O. Act 1897 s. 18.
Sub-section (1) amended by No. 7, 1966, s. 9; and No. 216, 1973, s. 3.
103. (1) Any person who with a fraudulent intent-

(a) removes from a postal article sent by post or from a telegram any stamp affixed thereon; or

(b) removes from any stamp previously used any mark made thereon at a post office; or

(c) knowingly puts off or uses for postal or telegraphic purposes any obliterated or defaced postage stamp,
shall be liable to a penalty not less than Two dollars nor exceeding One hundred dollars or to imprisonment for any term not exceeding twelve months.

(2) Upon the trial of any person for the offence of using an obliterated or defaced postage stamp proof that the person charged is the writer of the address of the postal article on which the stamp is affixed shall be prima facie evidence that he is the person who affixed the stamp.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 104.
Penalty for falsely sending letters, &c., as exempted.

SECT

Vict. P.O. Act 1890 s. 115.
Amended by No. 7, 1966, s. 9.
104. If any person knowingly and fraudulently puts or causes or procures to be put into any post office anything falsely purporting to be a postal article within any of the exemptions hereinbefore in this Act mentioned or any postal article falsely purporting to belong to a class in which a lower rate or no postage is chargeable he shall be liable to a penalty not less than Two dollars nor exceeding One hundred dollars.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 105.
Penalty for falsely sending packets.

SECT

Vict. P.O. Act 1890 s. 116.
Amended by No. 7, 1966, s. 9.
105. If any person knowingly and fraudulently puts or causes or procures to be put into any post office any packet or parcel in or upon which or the cover whereof there is any letter communication or intelligence not allowed by law or wilfully subscribes on the outside of any packet or parcel a false statement of the contents thereof he shall be liable to a penalty not less than Two dollars nor exceeding One hundred dollars.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 106.
Penalty for falsely sending newspapers.

SECT

Vict. P.O. Act 1890 s. 117.
Amended by No. 7, 1966, s. 9; and No. 70, 1971, s. 10.
106. If any person knowingly and fraudulently puts or causes or procures to be put into any post office any newspaper in or upon which or the cover whereof there is any communication character figure letter or number (other than a mark to indicate any report article or paragraph therein the printed title of such newspaper the printed names occupations and places of business of the printer publisher and vendor thereof the name occupation and address of the person to whom it is sent the name of the person who sends it and the words ''newspaper only''), or in or with which anything is enclosed or which anything accompanies or if any person wilfully places the words aforesaid on any newspaper or thing purporting to be a newspaper or on the cover thereof respectively knowing the same to be untrue, he shall be liable to a penalty not less than Two dollars nor exceeding One hundred dollars.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 107.
Sending explosives or noxious substance or indecent articles, &c.

SECT

Qd. P. & T. Act 1891 s. 98.
Amended by No. 7, 1966, s. 9; and No. 216, 1973, s. 3.
107. Any person who knowingly sends or attempts to send by post any postal article which-

(a) encloses an explosive or a dangerous filthy noxious or deleterious substance or a sharp instrument not properly protected or a living noxious creature or any other thing likely to injure other postal articles in course of conveyance or to injure an officer of the department or other person; or

(b) encloses an indecent or obscene print painting photograph lithograph engraving book card or article; or

(c) has thereon or therein or on the envelope or cover thereof any words marks or designs of an indecent obscene blasphemous libellous or grossly offensive character,
shall be liable to a penalty not exceeding Two hundred dollars or to imprisonment for a term not exceeding two years.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 108.
Penalty on postmasters and others for breach of duty.

SECT

N.S.W. P. Act 1867 s. 64.
Amended by No. 7, 1966, s. 9.
108. Any postmaster or other officer employed in the Department or any master of a vessel or other person employed or authorized by or under any postmaster to receive sort carry or deliver any mail or any postal article sent by post or otherwise who shall offend against or wilfully neglect or omit to comply with any of the regulations to be made as in this Act mentioned or with any of the provisions of this Act (for breach or neglect of which no other punishment is hereby provided) shall be liable to a penalty not exceeding Fifty dollars.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 109.
Penalty for losing or not delivering letters, &c.

SECT

N.S.W. P. Act 1867 s. 65.
Amended by No. 7, 1966, s. 9.
109. Any person employed by or under the Department or in the conveyance of mails who negligently loses or who wilfully detains or delays or procures or suffers to be detained or delayed any mail or any postal article, shall be liable to a penalty not exceeding Fifty dollars.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 110.
Penalty on mail-coach driver or guards loitering.

SECT

Qd. P. & T. Act 1891 s. 101.
Amended by No. 7, 1966, s. 9.
110. Any driver of a vehicle used for the conveyance of mails any guard or other person in charge of a mail, whether conveyed by a vehicle or on horseback or on foot who-

(a) loiters on the road; or

(b) wilfully mis-spends or loses time; or

(c) is under the influence of intoxicating liquor; or

(d) does not in all possible cases convey the mail at the speed fixed by the Postmaster-General for the conveyance thereof unless prevented by the weather or the bad state of the roads or an accident the proof whereof shall be on the person charged,
shall be liable to a penalty not exceeding Twenty dollars.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 111.
Retaining or secreting letters, &c.

SECT

Qd. P. & T. Act 1891 s. 102.
Amended by No. 7, 1966, s. 9; and No. 216, 1973, s. 3.
111. Any person who wilfully retains secretes keeps or detains any mail or postal article-

(a) found by the person secreting keeping or detaining the same; or

(b) wrongfully delivered to the person keeping or detaining the same,
shall be guilty of a misdemeanour and on conviction thereof shall be liable to a penalty not exceeding Two hundred dollars or imprisonment for any term not exceeding two years.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 112.
Penalty for improperly obtaining letters, &c.

SECT

Vict. P.O. Act 1890 s. 124.
Amended by No. 7, 1966, s. 9.
112. If any person by means of any false pretence or mis-statement induces any postmaster or any officer or servant of the Department to deliver to such person any postal article sent by post and not addressed to such person he shall be guilty of a misdemeanour and on conviction thereof shall be liable to a penalty not exceeding Two hundred dollars or to imprisonment for any term not exceeding two years.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 113.
Delivering to wrong person.

SECT

W.A.P. & T. Act 1893 s. 93.
Amended by No. 7, 1966, s. 9; and No. 216, 1973, s. 3.
113. Any person charged with the delivery of a postal article or telegram who wilfully delivers the same to any person other than the person to whom the same is addressed or his authorized agent in that behalf shall be liable to a penalty not exceeding One hundred dollars or to be imprisoned for any term not exceeding six months.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 114.
Stealing letters, &c.

SECT

Qd. P. & T. Act 1891 s. 105.
Amended by No. 216, 1973, s. 3.
114. Any person who-

(a) fraudulently takes from the possession of a postmaster or other officer or servant of the Department or other person having the custody thereof for the Postmaster-General or from any post office or place appointed for the receipt or delivery of postal articles or telegrams; or

(b) steals or for any purpose embezzles fraudulently takes secretes or destroys
a mail or postal article sent by post or a telegram or any part thereof respectively and any person who fraudulently receives any such mail postal article or telegram or any part thereof respectively which has been so fraudulently taken stolen embezzled or secreted, shall be guilty of an indictable offence, and shall be liable to imprisonment for any term not exceeding three years.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 115.
Penalty for opening or tampering with mails.

SECT

S.A. P.O. Act 1876 s. 82.
W.A. P. & T. Act 1893 s. 90.
Amended by No. 7, 1966, s. 9; and No. 216, 1973, s. 3.
115. Any postmaster master of a vessel or driver of a vehicle used for conveyance of mails or any guard or any other person in charge of a mail however conveyed who contrary to his duty opens or tampers with or suffers to be opened or tampered with any mail postal article or telegram shall be guilty of an indictable offence and liable to a penalty not exceeding Two hundred dollars or imprisonment for any term not exceeding two years.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 116.
Penalty on unauthorized persons opening mails.

SECT

S.A. P.O. Act 1876 s. 83.
Amended by No. 7, 1966, s. 9; and No. 216, 1973, s. 3.
116. Any person not being a postmaster or not being duly authorized who with fraudulent intent opens or endeavours to open any mail postal article or telegram addressed to any other person shall be guilty of an indictable offence and be liable to a penalty not exceeding Two hundred dollars or imprisonment for any term not exceeding two years.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 117.
Exhibiting sign, &c., as post office or Royal mail.

SECT

Qd. P. & T. Act 1891 s. 107.
Amended by No. 7, 1966, s. 9.
117. Any person who without the authority of the Postmaster-General (the proof of which authority shall be on the person charged)-

(a) places or maintains or permits or causes to be placed or maintained or to remain in on or near any house wall door window box post pillar or other place belonging to him or under his control the words ''post office'' or any other word or mark which may imply or give reasonable cause to believe that the same is a post office or a place for the receipt of postal articles or that any box is a post letterbox; or

(b) places or permits or causes to be placed or suffers to remain on any vehicle or vessel the words ''Royal Mail,'' or any word or mark which may imply or give reasonable cause to believe that the vehicle or vessel is used for the conveyance of mails,
shall be liable to a penalty not exceeding Fifty dollars.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 117A.
Publishing unauthorized telephone lists.

SECT

Inserted by No. 28, 1910, s. 3.
Sub-section (1) amended by No. 7, 1966, s. 9.
117A. (1) Any person who without the authority of the Postmaster-General (the proof of which authority shall be on the person charged) prints, publishes, or circulates, any list purporting to be a list of the subscribers or persons connected with any Telephone Exchange, shall be liable to a penalty not exceeding Twenty dollars.
Amended by No. 216, 1973, s. 3.

(2) Every list printed, published, or circulated, in contravention of this section shall be forfeited to the Crown, and shall on demand in writing by the Postmaster-General be delivered up to him.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 118.
Obstructing conveyance or delivery of mail.

SECT

Qd. P. & T. Act 1891 s. 109.
Amended by No. 7, 1966, s. 9; and No. 216, 1973, s. 3.
118. Any person who wilfully obstructs or retards the conveyance or delivery of a mail shall be liable to a penalty not exceeding One hundred dollars or to imprisonment for any term not exceeding six months.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 119.
Obstructing officer in the execution of his duty, &c.

SECT

Qd. P. & T. Act 1891 s. 110.
Sub-section (1) amended by No. 7, 1966, s. 9.
119. (1) Any person who-

(a) wilfully obstructs or incites any one to obstruct an officer of the department in the execution of his duty; or

(b) whilst in a post office or telegraph office or within any premises belonging to a post office or telegraph office or used therewith behaves in a disorderly manner or wilfully obstructs the course of business of the post office or telegraph office or of the department,
shall be liable to a penalty not exceeding Twenty dollars.
Amended by No. 7, 1966, s. 9

(2) Any officer of a post office or telegraph office may require any person committing an offence under this section to leave the post office or telegraph office or such premises as aforesaid and if such person refuses or fails to comply with the request he shall be liable to a further penalty not exceeding Ten dollars and may be removed by the officer; and all police officers are required on demand to remove or assist in removing such person.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 120.
Injuring or destroying letter-boxes, &c.

SECT

Qd. P. & T. Act 1891 s. 111.
Amended by No. 7, 1966, s. 9; and No. 216, 1973, s. 3.
120. Any person who wilfully tampers with injures or destroys any letter-box or newspaper-box or receptacle for the reception of postal articles or any card or notice the property of the Postmaster-General or obliterates any of the letters or figures thereon shall be liable to a penalty not exceeding One hundred dollars or to imprisonment for any term not exceeding six months.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 121.
Penalty for placing offensive substances, &c., in post office.

SECT

Vict. P.O. Act 1897 s. 16.
Amended by No. 7, 1966, s. 9; and No. 216, 1973, s. 3.
121. If any person encloses or procures or causes to be enclosed in or with any postal article or puts or attempts to put or causes or procures to be put into any post office or any letter-box newspaper-box or receptacle for the reception of postal articles any fire any match any light or any filthy offensive or noxious material or matter or commits a nuisance in or against any post office or any letter-box newspaper-box or receptacle for the reception of postal articles he shall be liable on conviction to a penalty not exceeding One hundred dollars or to imprisonment for any term not exceeding six months.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 122.
Selling stamps without a licence or pretending to be licensed.

SECT

Qd. P. & T. Act 1891 s. 113.
Amended by No. 7, 1966, s. 9.
122. Any person who without the license of the Postmaster-General (the proof of which license shall be on the person charged)-

(a) deals in offers or exposes for sale any postage stamp; or

(b) places or permits or causes to be placed or suffers to remain on or near to his house or premises the words ''licensed to sell postage stamps'' or any word or mark which may imply or give reasonable cause to believe that he is duly licensed to sell postage stamps,
shall be liable to a penalty not exceeding Ten dollars.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 123.
Unlawfully issuing money orders or postal orders.

SECT

Qd. P. & T. Act 1891 s. 114.
Amended by No. 7, 1966, s. 8; and No. 216, 1973, s. 3.
123. Any person who unlawfully issues a money order or postal order with a fraudulent intent shall be guilty of an indictable offence and shall be liable to imprisonment for any term not exceeding seven years.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 124.
Forging or uttering telegrams.

SECT

Qd. P. & T. Act 1891 s. 115.
Amended by No. 216, 1973, s. 3.
124. Any person who-

(a) forges a telegram or utters a telegram knowing the same to be forged; or

(b) transmits by telegraph as a telegram any message or communication purporting to be a telegram which he knows to be forged,
shall whether he had or had not an intent to defraud be guilty of an indictable offence and shall be liable to imprisonment for any term not exceeding three years.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 125.
Sending false telegrams.

SECT

W. A. P. & T. Act 1893 s. 105.
Amended by No. 7, 1966, s. 9; and No. 216, 1973, s. 3.
125. Any person who-

(a) knowingly sends delivers or causes to be sent or delivered to any officer or servant of the Department for the purpose of being transmitted as a telegram, a message or writing which purports to be signed or sent by any other person without such person's authority; or

(b) wrongfully signs a telegram with the name of another person without such person's authority or with the name of some fictitious person; or

(c) wilfully and without the authority of the sender alters a telegram; or

(d) writes issues or delivers a document which purports to be a telegram received through a telegraph office and which was not so received,
shall be guilty of an indictable offence and be liable to a penalty not exceeding Two hundred dollars, or to imprisonment for any term not exceeding two years.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 126.
Sending fraudulent messages.

SECT

Qd. P. & T. Act 1891 s 117.
Amended by No. 216, 1973, s. 3.
126. Any person who with fraudulent intent sends any letter telegram or other communication or message concerning any money order or any money due or receivable from or by any person in respect of a money order shall be guilty of an indictable offence and be liable to imprisonment for any term not exceeding three years.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 127.
Penalty for violation of secrecy.

SECT

Qd. P. & T. Act 1891 s. 118.
Amended by No. 7, 1966, s. 9; and No. 216, 1973, s. 3.
127. Any person employed in a telegraph office who divulges the contents or substance of a telegram otherwise than by delivering the telegram or giving a copy of it to the person to whom he is authorized to deliver such telegram or give such copy shall be guilty of a misdemeanour and on conviction thereof shall be liable for every such offence to a penalty not exceeding Two hundred dollars or to imprisonment for any term not exceeding two years.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 128.
Erection or maintenance of telegraph lines without authority.

SECT

Qd. P. & T. Act 1891 s. 119.
Sub-section (1) amended by No. 45, 1934, s. 2; No. 80, 1950, s. 3; No. 7, 1966, s. 9; andNo. 216, 1973, s. 3.
128.* (1) Except as provided in section 80 any person who without the authority of the Postmaster-General (the proof of which authority shall be on the person charged) sets up maintains or uses in or on any Crown lands or in or on any public road street or highway any telegraph line or wilfully uses any telegraph line set up before or after the commencement of this Act and neglects to comply with any notice from the Postmaster-General or a Director to pay such charges (if any) in respect of the line as may from time to time be fixed by the Governor-General, shall be liable to a penalty not exceeding Ten dollars for every day during which any such line is or continues to be so set up maintained or used contrary to the provisions of this Act.

(2) The Postmaster-General may authorize any person to take absolute possession of cut down or destroy the whole or any part of any such line.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 129.
Making charges for use of telegraph line without authority.

SECT

Qd. P. & T. Act 1891 s. 120.
Amended by No. 7, 1966, s. 9.
129. Any person who having entered into an agreement with the Postmaster-General for the use by such person of a telegraph line without the authority of the Postmaster-General demands or makes any charge or receives any payment or valuable consideration from any other person for the use of the same shall be liable for each offence to a penalty not less than Four dollars and not exceeding One hundred dollars.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 130.
Injuries to telegraphs.

SECT

Qd. P. & T. Act 1891 s. 121.
N.S.W. Tel. Act 1857 ss. 10, 11.
Amended by No. 7, 1966, s. 9; No. 109, 1973, s. 12; and No. 216, 1973, s. 3.
130. Any person who-

(a) wilfully and without lawful excuse destroys, damages or removes a telegraph;

(b) unlawfully or maliciously prevents or obstructs in any manner whatsoever the sending conveyance or delivery of any communication by telegraph; or

(c) interrupts or impedes the use of any line or the transmission of any message,
shall be guilty of an indictable offence and shall be liable to imprisonment for any term not exceeding three years. Provided that if it appears to a Justice of the Peace, on the examination of a person charged with an offence against this section, that it is not expedient to the ends of justice that it should be prosecuted as an indictable offence, the case may be heard and determined in a summary way, and the offender shall be liable to a penalty not exceeding Fifty dollars or to imprisonment for any term not exceeding three months.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 131.
Attempt to injure telegraphs.

SECT

Qd. P. & T. Act 1891 s. 122.
Amended by No. 7, 1966, s. 9.
131. Any person who attempts to commit any of the offences in the last preceding section mentioned shall be liable to a penalty not exceeding Twenty dollars or imprisonment for any term not exceeding two months.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 132.
Arrest of offenders.

SECT

Qd. P. & T. Act 1891 s. 123.
Amended by No. 216, 1973, s. 3.
132. Any person offending against the provisions of either of the last two preceding sections may with or without warrant be apprehended by any other person and delivered to a police officer or conveyed before a justice to be dealt with according to law.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 133.
Breaking or damaging telegraph posts or wires.

SECT

Substituted by No. 28, 1910, s. 4. Sub-section (1) amended by No. 7, 1966, s. 9.

133. (1) Any person who breaks, injures, or damages any post, cable, insulator, or thing being part of, or used in connexion with, any telegraph shall be liable to a penalty not exceeding Forty dollars and not less than Four dollars or to be imprisoned for any term not exceeding two months, and may be ordered to pay compensation for any repairs rendered necessary.

(2) A person shall not be liable to be convicted under this section if he proves that the breaking, injury, or damage did not arise from any wilful, negligent, or unlawful act on his part.

(3) Where the offender is under the age of sixteen years, the Court or a Justice may on the application of the prosecutor summon the father of the offender to appear before a Court of Summary Jurisdiction to show cause why he should not be ordered to pay compensation for the repairs rendered necessary by the offender's act, and on the hearing of the summons the Court may, if it thinks fit, order the father to pay such compensation.

(4) Except to the extent of any compensation ordered to be paid, this section shall not affect the liability in civil proceedings of any person in respect of any breaking injury or damage to which this section relates.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 134.
No person to impersonate a postal officer.

SECT

Amended by No. 7, 1966, s. 9; and No. 216, 1973, s. 3.
134. Any person who with fraudulent intent personates or represents himself as an officer of the Department shall be guilty of an indictable offence and be liable to a penalty not exceeding Two hundred dollars or to imprisonment for any term not exceeding two years.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 135.
Penalty on officer re-issuing postal orders.

SECT

Vict. P.O. Act 1890 s. 129.
Amended by No. 7, 1966, s. 8; and No. 216, 1973, s. 3.
135. If any postmaster or other officer of the post office re-issues a postal order originally issued under the authority of this Act which has been paid previous to such re-issue he shall be guilty of an indictable offence and shall be liable to be imprisoned for any term not exceeding five years.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 136.
Section 136 repealed by No. 216, 1973, s. 3.

* * * * * * * *

POST AND TELEGRAPH ACT 1901-1973 - SECT. 137.
Post offices may be entered and possession taken of letters, &c., on behalf of

SECT

Department.
Qd. P. & T. Act 1891 s. 125.
Sub-section (1) amended by No. 45, 1934, s. 2; and No. 80, 1950, s. 3.
137. (1) Any person duly authorized in that behalf by the Postmaster-General or a Director may enter into any post office or telegraph office and take possession of all property moneys money orders letters goods chattels or effects therein belonging to or appertaining to the Department and may for such purpose remain a reasonable time in the post office or telegraph office or in or upon the premises where the post office or telegraph office is situated.
Penalty.
Amended by No. 7, 1966, s. 9.

(2) Any person who wilfully obstructs hinders or delays any person so entering taking possession or remaining as aforesaid shall be liable to a penalty not exceeding Fifty dollars or to imprisonment for any term not exceeding six months.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 138.
Resisting officer.

SECT

Qd. P. & T. Act 1891 s. 126.
Amended by No. 7, 1966, s. 9.
138. Any person who resists any person acting in execution of this Act shall be liable to a penalty not exceeding Fifty dollars or to be imprisoned for any term not exceeding six months.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 139.
Penalty for posting placards on post office pillars, &c.

SECT

Vict. P.O. Act 1890 s. 133.
Amended by No. 7, 1966, s. 9.
139. If any person not duly authorized in that behalf (the proof of which authority shall be on such person) places any placard or other document writing or painting on or otherwise defaces any post office or telegraph office pillar or receiving box or telegraph pole he shall be liable to a penalty not exceeding Ten dollars.

POST AND TELEGRAPH ACT 1901-1973 - PART VIA

PART VIA-PROTECTION OF PROPERTY

POST AND TELEGRAPH ACT 1901-1973 - SECT. 139A.
Part VIA inserted by No. 32, 1968, s. 11.

SECT

Application.
Inserted by No. 32, 1968, s. 11.
139A. This Part does not apply in relation to any work in relation to which Part VII applies.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 139B.
Compensation for interference or damage.

SECT

Inserted by No. 32, 1968, s. 11.
139B. (1) Subject to this section, where-

(a) a person does work (whether by himself or by his servants) in circumstances in which the person or a servant of the person has reasonable cause to believe that the doing of the work is likely to interfere with or damage property under the control of the Postmaster-General; and

(b) in the course of doing that work, the person or a servant of the person acting in the course of his employment by the person interferes with or damages (whether by a negligent act or omission or otherwise) the property under the control of the Postmaster-General referred to in the last preceding paragraph,
the person is liable to pay to the Commonwealth compensation for that interference or damage.

(2) It is a defence in any proceedings under the last preceding sub-section for the recovery of compensation from a person if the person proves that-

(a) before commencing the work-

(i) he gave notice, in writing, to a Director that he proposed to do the work; and

(ii) he gave the Director or an officer authorized by the Director a reasonable opportunity of conferring with him as to the manner of carrying out the work; and

(b) if a Director so required, he permitted an officer authorized by the Director to be present and to observe the carrying out of the work.

(3) This section does not affect the liability under any other provision of this Act or under any other law of any person in respect of any interference or damage to which this section relates but the Commonwealth is not entitled to be compensated both under this section and under another provision of this Act or under any other law in respect of the same interference or damage.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 139C.
Work done by the Department by reason of the doing, or the proposed doing, of
other work by a person.

SECT

Inserted by No. 32, 1968, s. 11.
139C. (1) Where-

(a) a person does work in the vicinity of property under the control of the Postmaster-General;

(b) by reason of the doing of that work, it is necessary, whether for reasons of safety or efficiency or otherwise, to remove, reconstruct or do some other work in connexion with the property under the control of the Postmaster-General; and

(c) the Department does that work,
the person is liable to pay to the Commonwealth the amount of the cost of the work done by the Department and that amount may be recovered as a debt due by the person to the Commonwealth in a court of competent jurisdiction.

(2) Where-

(a) a person proposes to do work in the vicinity of property under the control of the Postmaster-General;

(b) the person requests a Director to remove, reconstruct, or do some other work in connexion with the property under the control of the Postmaster-General for the purpose of permitting or facilitating the doing of the proposed work by the person; and

(c) the Department does the work in accordance with the request,
the person is liable to pay to the Commonwealth the amount of the cost of the work done by the Department and that amount may be recovered as a debt due by the person to the Commonwealth in a court of competent jurisdiction.

(3) A Director may request a person who makes a request under the last preceding sub-section to give security for the payment to the Postmaster-General of any amount that the person may become liable to pay under that sub-section.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 140.
Electric authority not to injuriously affect telegraph lines.

SECT

PART VII-PROTECTION OF TELEGRAPH LINES FROM INJURIOUS AFFECTION BY
ELECTRIC LINES OR WORKS
140. An electric authority shall not except subject to the conditions hereinafter contained construct any electric line or do any other work for the generation use or supply of electricity whereby any telegraph line of the Postmaster-General is or may be injuriously affected.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 141.
Definition of injurious affection.

SECT

141. Any telegraph line of the Postmaster-General shall be deemed to be injuriously affected by a work if telegraphic communication by means of such lines is in any manner affected by the work or by any use made of the work.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 142.
Limit of responsibility in case of injurious affection of lines.

SECT

142. In the case of an electric tramway or electric lighting system the electric authority using such tramway or lighting system shall not be held responsible for its lines or works affecting the lines of the Postmaster-General on which an earthed return is used if such electric authority has adopted all known and reasonable precautions to avoid such injurious affection and has complied with the regulations.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 143.
Provision when any work done by electric authority.

SECT

Qd. El. L. & P. Act 1896 s. 29.
Sub-section (1) amended by No. 45, 1934, s. 2; No. 80, 1950, s. 3; and No. 109, 1973, s. 15.
143. (1) Before any electric line is constructed or work is done by any electric authority within 9 metres of any telegraph line of the Postmaster-General (other than repairs or the laying of consumers' connexions with mains where the direction of the electric line crosses a telegraph line of the Postmaster-General at right angles at the point of shortest distance and continues in the same direction for a distance of 2 metres on each side of such point, and where the connecting wires so crossing are not within 0.9 metres of any telegraph wire) the electric authority or its agents shall not less than seven nor more than twenty-eight clear days before commencing the work give written notice to the Director of the State in which such line is to be constructed or work is to be done specifying the course nature and gauge of such electric line and the manner in which such electric line is intended to be constructed and used and the amount and nature of the currents intended to be transmitted thereby and the manner in which such work shall be carried out continued and used and the electric authority and its agents shall comply with such reasonable requirements either general or special as may from time to time be made by the Postmaster-General for the purposes of preventing any telegraph lines of the Postmaster-General from being injuriously affected by any such work.
Penalty.
Amended by No. 7, 1966, s. 9.

(2) In this event of any contravention of or wilful non-compliance with this section by the electric authority or its agents the electric authority shall be liable to a penalty not exceeding Twenty dollars for every day during which such contravention or non-compliance continues or if the telegraphic communication is wilfully interrupted or injuriously affected not exceeding One hundred dollars for every day on which such interruption or injurious affection continues.

(3) Nothing in this section shall subject the electric authority or its agents to a penalty under this section if the Court having cognisance of the case is satisfied that the immediate execution of the work was required to avoid an accident or otherwise was a work of emergency and that notice of the execution of the work was forthwith served on the officer in charge of the telegraph office nearest to the place where the work was done stating the reason for executing the same without previous notice.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 144.
Provision when work to be done involves alteration in telegraph line.

SECT

Qd. El. L. & P. Act 1896 s. 30.
Sub-section (1) amended by No. 45, 1934, s. 2; No. 80, 1950, s. 3; and No. 7, 1966, s. 9.
144. (1) When any work proposed to be done by an electric authority involves or is likely to involve an alteration either temporarily or permanently in any telegraph line of the Postmaster-General and provision is not otherwise made by enactment agreement or otherwise with respect to such alteration or with respect to giving notice to the Postmaster-General thereof or to the expenses thereof or incidental thereto, the following provisions shall apply:-

(a) The electric authority or its agents shall give to the Director of the State in which such work is to be done not less than seven nor more than fourteen days' previous notice of the time and place at which the work will be begun and of the nature of the alteration required.

(b) Before the expiration of seven days after the notice is given the Director may give the electric authority or its agents a counter-notice either stating his intention himself to make or requiring the electric authority to make under his supervision and to the satisfaction of himself or his agents such alteration in the telegraph line as he deems necessary or expedient to be made in consequence of the proposed work.

(c) If the Director by his counter-notice states that it is his intention himself to make such alteration he may make the same himself or by his agents and the electric authority or its agents shall pay to the Postmaster-General all reasonable expenses incurred by him of and incidental thereto and the amount of any loss or damage sustained by him in consequence thereof.

(d) If the Director by his counter-notice requires the electric authority or its agents to make such alteration the electric authority or its agents shall at the expense of the electric authority make the same under the supervision and to the entire satisfaction of the Postmaster-General or his agents and the electric authority shall pay to the Postmaster-General all reasonable expenses incurred by him of and incidental to such supervision and also the amount of any loss or damage sustained by him in consequence of the alteration.

(e) If the Director fails to give a counter-notice or if having undertaken himself to make the alteration he or his agents fail to make the alteration within a reasonable time the electric authority or its agents may make the alteration; but such alteration shall be made to the entire satisfaction of the Postmaster-General or his agents.
Penalty.
(f) If the electric authority or its agents fail to serve on the Director the notice required by this section with respect to any work or begins to do the work specified in the notice before the expiration of seven days after the notice is given the electric authority or its agents shall be liable to pay a penalty not exceeding Twenty dollars for every day during which the work is continued without the sanction in writing of the Director and the Director may at the expense of the electric authority remove such work.

(g) If the electric authority or its agents fail to comply with the reasonable requirements of the Postmaster-General or his agents under this section they shall be liable to a penalty not exceeding Twenty dollars for every day during which such failure continues or if the telegraphic communication is interrupted or injuriously affected not exceeding One hundred dollars for every day on which such interruption or injurious affection continues.

(2) Nothing in this section shall subject the electric authority or its agents to a penalty for omitting to comply with any requirements of the Postmaster-General or his agents or for executing without previous notice any work if the court having cognisance of the case is satisfied that any such requirement was unreasonable or that the immediate execution of the work was required to avoid an accident or otherwise was a work of emergency and that notice of the execution of the work was forthwith served on the officer in charge of the telegraph office nearest to the place where the work was done stating the reason for executing the same without previous notice.

(3) Nothing in this section shall compel the Postmaster-General to alter the position of any telegraph line if the circumstances of the case render such alteration objectionable.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 145.
Penalty for injury to telegraph line and for interruption of telegraphic
communication.

SECT

Qd. El. L. & P. Act 1896 s. 31.
Sub-section (1) amended by No. 7, 1966, s. 9.
145. (1) If a telegraph line of the Postmaster-General is destroyed injured or injuriously affected by an electric authority or its agents such electric authority shall not only be liable to pay to the Postmaster-General such expenses if any as he may incur in making good the destruction injury or injurious affection but shall also if the telegraphic communication is carelessly or wilfully interrupted or injuriously affected be liable to a penalty not exceeding Forty dollars for every day during which the interruption or injurious affection continues.

(2) If the electric authority liable to pay such daily penalty to the Postmaster-General is not authorized to execute such works as may be required for remedying the interruption or injurious affection, the interruption or injurious affection shall be deemed to continue either for the time during which it actually continues or for such less time as in the opinion of the court having cognisance of the case would have been sufficient to enable the Postmaster-General to remedy the interruption or injurious affection.
Amended by No. 7, 1966, s. 9.

(3) The Postmaster-General may instead of taking proceedings for the recovery of such daily penalty proceed for the recovery of a penalty not exceeding One hundred dollars.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 146.
Penalty for obstruction of Postmaster-General.

SECT

Qd. El. L. & P. Act 1896 s. 32.
Amended by No. 7, 1966, s. 9.
146. If an electric authority or its agents obstructs the Postmaster-General or his agents in constructing maintaining altering examining repairing or removing a telegraph line, or in supervising or directing any alteration in a telegraph line made by an electric authority or its agents in pursuance of this Act such electric authority and its agents respectively shall for every act of obstruction be liable to a penalty not exceeding Twenty dollars, and if the obstruction continues to a penalty not exceeding Twenty dollars for every day during which it continues

POST AND TELEGRAPH ACT 1901-1973 - SECT. 147.
Restrictions when telegraph lines injuriously affected.

SECT

Qd. El. L. & P. Act 1896 s. 34.
147. (1) When any electric lines or works are used for the generation use or supply of electricity in such a manner as to injuriously affect any telegraph line of the Postmaster-General the Postmaster-General may by notice to be served upon the person owning or using or entitled to use such electric lines or works require that such supply be continued only in accordance with such conditions and restrictions for the protection of the telegraph lines of the Postmaster-General and the telegraphic communication through the same as he may by or in pursuance of such notice prescribe.
Amended by No. 45, 1934, s. 2; and No. 80, 1950, s. 3.

(2) In default of compliance with such conditions and restrictions the Postmaster-General or Director may require that the supply of electricity through such electric lines or works shall be forthwith discontinued until such default ceases.

(3) Where such electric lines or works have been lawfully constructed prior to the erection of the telegraph line of the Postmaster-General injuriously affected thereby, the Postmaster-General shall pay to the person owning or using or entitled to use such electric lines or works the amount of any costs reasonably incurred or damages sustained by him by reason of compliance with such conditions and restrictions.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 148.
Penalty for unlawfully constructing or using works.

SECT

Qd. El. L. & P. Act 1896 s. 50.
Sub-section (1) amended by No. 7, 1966, s. 9.
148. (1) Any electric authority constructing or using any electric line or works or generating using or supplying electricity contrary to the provisions of this Act or the regulations shall be liable to a penalty not exceeding One hundred dollars and a further penalty of Ten dollars for each day such offence is continued after any conviction.

(2) The electric authority so offending shall also be liable to pay in addition to any penalty all costs and expenses which may be incurred in taking proceedings against such electric authority and any costs or expenses that may be lawfully incurred in remedying the default of such electric authority.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 149.
No action of Postmaster-General to relieve electric authority.

SECT

149. Any action taken by the Postmaster-General or his agents for the protection of any telegraph line whether at the request of or by arrangement with any electric authority or otherwise shall not relieve such electric authority of any liability under this Act or the regulations or under any Act providing for the safety of persons or property.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 150.
Provisions as to notices.

SECT

Qd. El. L. & P. Act 1896 s. 60.
150. (1) A notice under this Act or the regulations or any order may be in writing.
Amended by No. 45, 1934, s. 2; and No. 80, 1950, s. 3.

(2) A notice appointment direction or document given issued or made for the purposes of this Act by the Postmaster-General or a Director shall be sufficiently authenticated if it purports to be signed by the Postmaster-General or Director or by any duly authorized officer and when so authenticated shall be deemed to be given issued or made by the Postmaster-General or Director.

(3) When a notice is given by an electric authority the notice shall be sufficiently authenticated if it purports to be signed by the chairman secretary or other principal officer of the electric authority.
Amended by No. 45, 1934, s. 2; and No. 80, 1950, s. 3.

(4) A notice required to be given under this Act to the Postmaster-General or a Director may be given by leaving it at or forwarding it by post to the Department in a registered letter addressed to the Postmaster-General or Director as the case may be or by delivering it or forwarding it by post in a registered letter addressed to the officer in charge of the telegraph office nearest to the place in which the work telegraph line or other matter referred to in the notice is situated or by forwarding it by post in a registered letter addressed to him at his office or usual place of residence.

(5) A notice required to be given under this Act to an electric authority may be given by leaving it at or by forwarding it by post in a registered letter to its office or if there is more than one office to the principal office of the electric authority in a registered letter addressed to the electric authority or to its chairman secretary or other principal officer.

POST AND TELEGRAPH ACT 1901-1973 - PART VIII

PART VIII-LEGAL PROCEEDINGS

POST AND TELEGRAPH ACT 1901-1973 - SECT. 151.
Proceedings for penalties.

SECT

151. Offences against this Act or the regulations not declared to be indictable offences are punishable upon summary conviction by a police, stipendiary, or special magistrate.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 152.
Form of information-Property to be laid in the Postmaster-General.

SECT

Qd. P. & T. Act 1891 s. 128.
Sub-section (1) amended by No. 7, 1966, s. 8.
152. (1) In any information or complaint for an offence committed or attempted to be committed with respect to the Department or the revenue of the Department or in upon or with respect to any mail or postal article sent or being carried by post or any property moneys money orders postal orders goods chattels or effects under the management or control of the Postmaster-General or with respect to any act matter or thing which has been done or committed with any malicious injurious or fraudulent intent and in anywise relating to or concerning the Department or the revenue thereof or any such property moneys money orders goods chattels or effects as aforesaid under the management or control of the Postmaster-General it shall be sufficient to lay any such property in and to state or allege the same to belong to and to state or allege any such act matter or thing to have been done or committed with the intent to injure or defraud the Postmaster-General without mentioning his name.

(2) In all informations or complaints relating to or in anywise concerning the Department it shall be sufficient to name and describe the Postmaster-General as ''the Postmaster-General'' without any further or other name addition or description whatsoever.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 153.
Postmaster-General or Director may depute another officer to appear on his
behalf.

SECT

Amended by No. 45, 1934, s. 2; and No. 80, 1950, s. 3.
153. The Postmaster-General or a Director may depute any postal or telegraph officer to appear on his behalf either as prosecutor or defendant, and his authority in writing to that effect shall be good and sufficient in law.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 153A.
Proof of notices.

SECT

Inserted by No. 32, 1968, s. 12.
153A. Evidence of a notice given by an officer under this Act may, in any legal proceedings, be given by the production of-

(a) a document purporting to be that notice and to be signed by the officer; or

(b) a document purporting to be certified under the hand of a Director to be a true copy of that notice.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 153B.
Rewards for information as to damage to property.

SECT

Inserted by No. 109, 1973, s. 13.
153B. Where, as the result of information supplied by a person, the Postmaster-General learns the identity of a person who has wilfully damaged or defaced property that is under the control of the Postmaster-General, the Postmaster-General may pay to the person who supplied the information, by way of reward, a sum not exceeding One hundred dollars.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 154.
Differences to be settled by arbitration.

SECT

154. Any difference which arises between the Postmaster-General and an electric authority or its agents with respect to any requirements of the Postmaster-General, or as to the cost of any alterations of telegraph lines, shall be determined by arbitration.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 155.
Arbitration in accordance with law of State or Territory.

SECT

Amended by No. 109, 1973, s. 14.
155. Whenever any matter under this Act is to be settled by arbitration it shall be referred to arbitration in accordance with the law of the State or Territory in which the dispute arises.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 156.
Postmaster-General may settle cases.

SECT

156. Where any person admits to the Postmaster-General that he has committed a breach of this Act other than an indictable offence the Postmaster-General may with the consent in writing of such person determine the matter and may order such person to pay such pecuniary penalty as he may think proper and upon payment of such penalty such person shall not be liable to be further proceeded against in respect of the same matter.

POST AND TELEGRAPH ACT 1901-1973 - PART IX

PART IX-NOTICE AND LIMITATION OF ACTIONS

POST AND TELEGRAPH ACT 1901-1973 - SECT. 157.

SECT

Notice and limitation of action.
Qd. P. & T. Act 1891 s. 129.
157. (1) Any action against the Postmaster-General or any officer or servant of the Department for anything done or omitted to be done in pursuance of this Act or the regulations shall be commenced within six months after the act committed or omitted and not afterwards. And the action shall not be commenced until one month after notice thereof and of the cause thereof has been delivered to the defendant or left for him at his usual place of abode or business by the party intending to commence the action, and upon the back of the notice shall be indorsed the name and place of abode or business of the plaintiff and his solicitor or agent if the notice is served by a solicitor or agent.
Contractors and mailmen excepted.

(2) Contractors and their mailmen shall not be considered as officers or servants of the Department under this section.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 158.
Protection from actions.

SECT

Qd. P. & T. Act 1891 s. 130.
Amended by No. 216, 1973, s. 3.
158. An action or other proceeding shall not be maintainable against the Crown or the Postmaster-General or any officer of the Department by reason of any default delay error omission or loss whether negligent or otherwise in the transmission or delivery or otherwise in relation to-

(a) a postal article posted or received or omitted to be posted or received under this Act; or

(b) a telegram sent or received or omitted to be sent or received under this Act.

POST AND TELEGRAPH ACT 1901-1973 - SECT. 159.
In case of money orders or postal notes.

SECT

Qd. P. & T. Act 1891 s. 131.
Amended by No. 7, 1966, s. 8; and No. 216, 1973, s. 3.
159. An action or other proceeding shall not be maintainable against the Crown or the Postmaster-General or any officer of the Department by reason of the payment of the amount of a money order or postal order being refused or delayed or on account of any accidental neglect omission or mistake or for any other cause, and no action or other proceeding shall be maintainable in respect of a money order or postal order after payment thereof by whomsoever presented if it was paid without fraud or wilful misbehaviour on the part of the person sought to be made liable.

-----------

POST AND TELEGRAPH ACT 1901-1973 - SCHEDULE 1

SCH


SCHEDULES
Section 2.
Schedule 1 amended by No. 109, 1973, s. 15.

SCHEDULE 1
--------------------------------------------------------------------------------
Date State Title
--------------------------------------------------------------------------------
31 Vic. No. 4 New South Wales Postage Act 1867.
37 Vic. No. 1 New South Wales An Act to abolish the imposition
of postage rates on newspapers.
56 Vic. No. 31 New South Wales Postage Acts Amendment Act 1893.
20 Vic. No. 41 New South Wales An Act to establish and regulate
Electric Telegraphs.
54 Vic. No. 1128 Victoria Post Office Act 1890.
61 Vic. No. 1537 Victoria Post Office Act 1897.
55 Vic. No. 15 Queensland The Post and Telegraph Act 1891.
1857 No. 6 South Australia An Act to regulate the
construction and management of
Electric Telegraphs.
39 & 40 Vic. No. 49 South Australia The Post Office Act 1876.
44 & 45 Vic. No. 207 South Australia The Telephone Act 1881.
49 & 50 Vic. No. 370 South Australia The Postal Notes Act 1886.
49 & 50 Vic. No. 374 South Australia The Parcels Post Act 1886.
54 & 55 Vic. No. 535 South Australia Post Office Act 1891.
57 Vic. No. 5 Western Australia The Post and Telegraph Act 1893.
20 Vic. No. 22 Tasmania The Electric Telegraph Act 1857.
45 Vic. No. 13 Tasmania The Post Office Act 1881.
46 Vic. No. 5 Tasmania The Telephone Act 1882.
49 Vic. No. 30 Tasmania The Post Office Act Amendment Act
1885.
52 Vic. No. 42 Tasmania The Post Office Amendment Act
1888.
55 Vic. No. 19 Tasmania The Post Office Act Amendment Act
1891.
59 Vic. No. 18 Tasmania The Post Office Amendment Act
1895.
--------------------------------------------------------------------------------

POST AND TELEGRAPH ACT 1901-1973 - SCHEDULE 2

SCH

Section 9.
Schedule 2 amended by No. 32, 1968, s. 13; No. 109, 1973, s. 15; and No. 216, 1973, s. 3.
SCHEDULE 2

FORM A

I, A.B., do solemnly and sincerely declare that I will not willingly or knowingly open detain return or delay or cause or suffer to be opened detained returned or delayed any postal article which shall come into my hands power or custody by reason of my employment relating to the Department except by the consent of the person or persons to whom such postal article shall be directed, or by an express warrant in writing for that purpose under the hand of the Postmaster-General or unless otherwise in pursuance and under the authority of any of the provisions in that behalf contained in any Act law or duly authorized regulation of the Department passed and made for or in relation to the postage and conveyance of postal articles. And I further declare that I will be true and faithful in the execution of the telegraph duties intrusted to me, and that I will hold strictly secret all telegraphic or other communications that may pass through my hands in the performance of my duties. I also further declare that I will not give any information directly or indirectly respecting any telegrams or despatches transmitted or intended to be transmitted by telegraph except to the persons to whom such telegrams or despatches may be addressed or to their recognised agents.
Section 49.
FORM B

I, A.B., do solemnly declare that I will not intentionally read the contents or any part of the contents of any postal article which I may open in the discharge of my duty except so far as it may be necessary so to do for the purpose of ascertaining the name and address of the writer or sender of the same; and that I will not divulge to any person whomsoever except to the Postmaster-General upon demand by him any of the contents of any such postal article which may have come to my knowledge in the course of opening and examining the same for the purpose aforesaid.
Form C omitted by No. 32, 1968, s. 13.
* * * * * * * *
Section 39.
FORM D
Declaration of the Particulars Relating to a Missing Letter or Packet Containing
a Valuable Enclosure Unregistered
1. What is the exact address of the
letter or packet? 1. 2. Why was the letter or packet
unregistered? 2. 3. Describe precisely all the contents
of the letter or packet. 3. 4. By whom was the letter or packet
addressed? (Name and address.) 4. 5. Who placed the letter and enclosure
in the cover and how was the cover
fastened? 5. 6. What was the value of the postage
stamp affixed? 6. 7. By whom was the letter or packet
posted and through whose hands did
it pass before it was posted? 7. 8. (1) At what post office was the
letter or packet posted? 8. (1)
(2) On what date? and (2)
(3) At what time? (3) 9. What is the name and address of the
sender of the letter or packet? 9.

I, A.B., residing at in the State of do hereby declare that the answers to the above questions are correct in every particular.

Declared before me at in the State of this day of .

C.D., J.P.
--------------------------------------------------------------------------------

POST AND TELEGRAPH ACT 1901-1973 - NOTES


NOTES
1. The Post and Telegraph Act 1901-1973 comprises the Post and Telegraph Act 1901 as amended by the other Acts specified in the following table:
----------------------------------------------------------------------------
Number Date of Date of
Act and year Assent commencement
----------------------------------------------------------------------------
Post and Telegraph Act
1901 No. 12, 1901 16 Nov 1901 1 Dec 1901
Commonwealth Public
Service Act 1909 No. 25, 1909 13 Dec 1909 13 Dec 1909
Postal Rates Act 1910 No. 24, 1910 25 Nov 1910 1 May 1911 (a)
Post and Telegraph Act
1910 No. 28, 1910 25 Nov 1910 25 Nov 1910
Post and Telegraph Act
1912 No. 30, 1912 24 Dec 1912 24 Dec 1912
Post and Telegraph Act
1913 No. 23, 1913 19 Dec 1913 19 Dec 1913
Post and Telegraph Act
1916 No. 14, 1916 30 May 1916 30 May 1916
Post and Telegraph Act
1923 No. 17, 1923 1 Sept 1923 1 Sept 1923
Statute Law Revision Act
1934 No. 45, 1934 6 Aug 1934 6 Aug 1934
Defence (Transitional
Provisions) Act 1946 No. 77, 1946 14 Dec 1946 1 Jan 1947
Post and Telegraph Act
1949 No. 35, 1949 13 July 1949 10 Aug 1949
Statute Law Revision Act
1950 No. 80, 1950 16 Dec 1950 31 Dec 1950
Post and Telegraph Act
1960 No. 85, 1960 13 Dec 1960 1 Feb 1961 (b)
Post and Telegraph Act
1961 No. 64, 1961 24 Oct 1961 24 Oct 1961
Post and Telegraph Act
1965 No. 149, 1965 18 Dec 1965 14 Feb 1966
Post and Telegraph Act
1966 No. 7, 1966 29 Apr 1966 (c)
Post and Telegraph Act
1968 No. 32, 1968 13 June 1968 13 June 1968
Post and Telegraph Act
(No. 2) 1968 No. 33, 1968 13 June 1968 1 July 1968
Salaries Act 1968 (d) No. 120, 1968 2 Dec 1968 2 Dec 1968
Post and Telegraph Act
1970 No. 63, 1970 1 Oct 1970 (e)
Post and Telegraph Act
1971 No. 70, 1971 30 Sept 1971 1 Oct 1971
Post and Telegraph Act
1973 No. 109, 1973 29 Sept 1973 1 Oct 1973
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
----------------------------------------------------------------------------

(a) By section 2 of the Postal Rates Act 1910, that Act commenced on a date fixed by Proclamation, viz., 1 May 1911 (see Gazette 1911, p. 1319).

(b) By section 2 of the Post and Telegraph Act 1960, that Act commenced on a date fixed by Proclamation, viz., 1 February 1961 (see Gazette 1961, p. 343).

(c) Section 2 of the Post and Telegraph Act 1966 provides as follows:

''2. (1) Sections 1, 2, 9 and 11 of this Act shall come into operation on the day on which this Act receives the Royal Assent.

''(2) The remaining sections of this Act shall come into operation on the first day of June, One thousand nine hundred and sixty-six.''

Section 10 of that Act provides as follows:

''10. The amendments made by sections 5, 6, 7 and 8 of this Act do not have effect in relation to postal notes issued before the commencement of this section.''

(d) The Salaries Act 1968 was repealed by section 7 of the Statute Law Revision Act 1973. That section provides that the repeal does not affect the operation of any amendment made by a repealed Act or any provision made by it for the citation of an Act as so amended.

(e) Section 2 of the Post and Telegraph Act 1970 provides as follows:

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

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

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

Section 11 of the Cocos (Keeling) Islands Act 1955-1973 provides that the Post and Telegraph Act extends to the Territory of Cocos (Keeling) Islands as if that Territory were within the Commonwealth and were a part of the State of Western Australia.
2.-S. 6 (2)-Section 14 of the Remuneration and Allowances Acts 1973 provides that, notwithstanding anything in any other Act, the rate per annum of the salary applicable to the office of Permanent Head of a Department of the Public Service is $29,250 a year, and the rate per annum of the annual allowance applicable to such an office is $1,750 a year.
3.-S. 27-See section 213 of the Commonwealth Electoral Act 1918-1973 and section 38 of the Referendum (Constitution Alteration) Act 1906-1973.
4.-S. 29 (1)-As to newspapers issued in the interests of an unlawful association, see section 30E of the Crimes Act 1914-1973.
5.-S. 32-Sections 4 and 5 of the Post and Telegraph Act 1965 provide as follows:

''4. (1) During the period from and including the fourteenth day of February, One thousand nine hundred and sixty-six, to and including the thirteenth day of February, One thousand nine hundred and sixty-eight, postage stamps indicating an amount in the currency provided for by the Coinage Act 1909-1947 may be used for any purpose for which postage stamps may be used under a law in force in the Commonwealth.

''(2) The equivalent amount in the currency provided for by the Currency Act 1965 to an amount in the currency provided for by the Coinage Act 1909-1947 indicated on a postage stamp shall, subject to the next succeeding sub-section, be calculated on the basis of the equivalents specified in sub-section (4) of section 8 of the Currency Act 1965.

''(3) Where the amount indicated in the currency provided for by the Coinage Act 1907-1947 on a postage stamp is an amount of shillings and pence or pence, the corresponding amount in the currency provided for by the Currency Act 1965 shall be calculated on the basis that an amount of pence specified in the first column in the table set out in sub-section (3) of section 11 of the Currency Act 1965 corresponds to the amount of cents specified in the second column of that table opposite to that amount of pence.

''5. (1) Subject to the next succeeding sub-section, during the period from and including the fourteenth day of February, One thousand nine hundred and sixty-six, to and including the thirteenth day of February, One thousand nine hundred and seventy-one, postage stamps indicating an amount in the currency provided for by the Coinage Act 1909-1947 may be exchanged at a post office for stamps indicating an amount in the currency provided for by the Currency Act 1965 that is calculated in accordance with the last preceding section.

''(2) Postage stamps indicating an amount in the currency provided for by the Coinage Act 1909-1947 may only be so presented for exchange if the total amount indicated on the stamps presented is Sixpence or a multiple of Sixpence.''
6.-S. 41-As to the prohibition from transmission by post of any book, periodical, &c., issued by or in the interests of an unlawful association, see section 30E of the Crimes Act 1914-1973.
7.-Ss. 81A and 128-Sub-section 130A (8) of the Broadcasting and Television Act 1942-1973 provides as follows:

''(8) The provisions of section eighty-one A of the Post and Telegraph Act 1901-1950 do not apply in relation to any use of a telegraph line that is authorized by a permit under this section, and a person is not guilty of an offence against section one hundred and twenty-eight of that Act by reason of the use of that line for the purpose of transmitting television programmes in accordance with the permit or for the purpose of receiving television programmes so transmitted.''
8.-S. 97-Section 11 of the Post and Telegraph Act 1966 provides as follows:

''11. Regulations for the purposes of the Principal Act as amended by this Act may be made at any time after this Act receives the Royal Assent, but any regulations so made before the first day of June, One thousand nine hundred and sixty-six, shall not come into operation before that date.''
9.-S. 97 (1)-Sections 6C and 9 of the Post and Telegraph Rates Act 1902-1973 provide that the power of the Governor-General under section 97 of the Post and Telegraph Act to make regulations shall include power to make regulations for prescribing the matters specified in that section.