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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
The Telephone Regulations 1927 codified the Commonwealth’s monopoly over telephone service: the Postmaster‑General’s Department controlled who got connected, set rents and call charges, owned all equipment, and could withdraw service without compensation. They governed applicants, subscribers, party‑line users, businesses with private switchboards, and public phones, imposing strict usage rules, penalties, and liabilities—entrenching limited consumer rights and heavy state control.
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Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
STATUTORY RULES.
1927. No. 145.
__________
REGULATIONS UNDER THE POST AND TELEGRAPH ACT 1901-1923.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Post and Telegraph Act 1901-1923, to come into operation on and from the thirty-first day of December, one thousand nine hundred and twenty-seven.
Dated this fourteenth day of December, 1927.
STONEHAVEN
Governor-General.
By His Excellency’s Command,
W. G. GIBSON
Postmaster-General.
–––––
TELEPHONE REGULATIONS.
___________
PART I.— PRELIMINARY.
Short title.
1. These Regulations may be cited as the Telephone Regulations.
Repeal.
2. The Telephone Regulations, being Statutory Rules 1913, No. 349, as amended from time to time, are, as from the commencement of these Regulations, repealed.
Parts.
3. These Regulations are divided into Parts, as follows:—
| Part | I.— | Preliminary. |
|---|---|---|
| Part | II.— | Telephone Exchanges. |
| Part | III.— | Telephone Exchange Services. |
| Division 1.—Services wholly provided by the Department. | ||
| Division 2.—Services not wholly provided by the Department. | ||
| Part | IV.— | Private Branch Exchanges. |
| Part | V.— | Public Telephones. |
| Part | VI.— | Telephone Trunk Lines. |
| Part | VII.— | Telephone Trunk Line Service. |
| Part | VIII.— | Private lines. |
| Division 1.—Lines wholly provided by the Department. | ||
| Division 2.—Lines not wholly provided by the Department. | ||
| Part |
| IX.— |
| Miscellaneous Services. |
Definitions.
4. In these Regulations, unless the contrary intention appears—
“Applicant” means any person who applies to the Department for permission to rent, provide or use a telephone or other like service;
“Authorized officer” means any officer authorized by the Department;
“Exchange” means a telephone exchange established or proposed to be established by the Department, and to which one or more subscribers are connected or are intended to be connected;
“Exchange service” means any service connected or authorized by the Department to be connected to an exchange;
“Exclusive service” means an exchange service connecting one subscriber;
“Junction line” means any line (as distinct from a trunk line) connecting two or more exchanges or offices in the same unit fee area;
“Licensee” means any person to whom authority to provide or use a telephone or other like service has been granted under these Regulations;
“Office” means any office established or proposed to be established by the Department for the purpose of enabling telephone conversations to be originated or received;
“Party service” means an exchange service connecting two or more subscribers;
“Private branch exchange” means a switchboard or other apparatus installed or authorized by the Department to be installed at the premises of a subscriber for the purpose of connecting the telephone services rented by the subscriber to the telephone system;
“Private line” means any line not connecting to an exchange and provided or authorized by the Department to be provided for the purpose of affording telephone or other approved means of communication;
“Public telephone” means a telephone, other than a subscriber’s telephone, provided or authorized by the Department to be provided for public use;
“Subscriber” means any person who is authorized by the Department to rent, provide or use a telephone or other like service;
“Telegraph office” means a house, building, room, or other place or structure used or occupied by or under the authority of the Department and under its control, for the purpose of working a telegraph or for the receipt and delivery of telegrams;
“Telephone” means and includes any apparatus used or intended to be used for the purpose of transmitting or receiving telegraphic or telephonic messages by means of electricity;
“Telephone service” means any telephone service provided or authorized by the Department to be provided or used;
“Telephone system” means the telephone system controlled by the Department;
“Trunk line” means any line (as distinct from a junction line) connecting two or more exchanges or offices which are not in the same unit fee area.
All services subject to Regulations.
5. All telephone and other like services provided, or authorized by the Department to be provided or used at any time prior or subsequent to the commencement of these Regulations, shall be subject to the conditions set forth in these Regulations or any amendments or extensions thereof.
Subscribers bound by Regulations.
6. On being provided with a telephone or other like service or authorized to provide or use any such service, subscribers shall in all cases be deemed to have agreed to be bound by the several provisions of these Regulations in force from time to time.
Department decision absolute.
7. The decision of the Department shall be absolute in respect of the charges and conditions which are to apply to any telephone or other like service provided or authorized to be provided or used under these Regulations.
Power of Department.
8.—(1) The Department may at its discretion refuse to comply with any application for a telephone or other like service or for the transfer of any such existing service or for the construction or use of any telephone line or service, and it also reserves the right to withdraw either totally or partially any telephone or other like service at any time.
(2) Neither the Department nor any of its officers shall be liable to any action, claim, or demand for compensation arising from the refusal to provide or authorize any telephone or other like service or from interruption of service through any cause whatever.
Security for charges.
9.—(1.) The Department may, either before or after the acceptance of an application, and before or after the installation of a telephone or other like service, demand security in such form and amount as it thinks necessary for the payment of any charges, and, failing compliance with such demand, may cancel the agreement and withdraw the service and remove any telephones and other apparatus belonging to the Department.
(2) If an applicant is under any liability to the Department in connection with any service rendered by the Department, the application may be declined until the liability has been discharged and the applicant has furnished security to the satisfaction of the Department for the payment of the charges in respect of the service applied for.
Agreements.
10.—(1) The period certain for which a telephone or other like service may be rented shall be fixed by the Department, and thereafter the renting shall continue unless and until determined by notice in accordance with this Regulation.
(2) On or at any time after the expiration of the period fixed by the Department, the renting of the service may be determined by the subscriber or the Department giving one month’s previous notice, in writing, of the intention to discontinue the service.
(3) Rental will be charged only to the expiration of the notice of discontinuance.
(4) The notice to the Department may be waived in the case of the death of the subscriber if—
(a) an agreement for the renting of the service for a fixed term is not in force; and
(b) the notice would involve payment of rental for any period beyond the date to which rental has already been paid.
(5) Nothing in this Regulation shall affect the power of the Department to determine the agreement under any other Regulation.
Infectious disease.
11. Where the installation of a telephone or other like service in premises occupied by a person suffering from an infectious disease is authorized to be provided by the Department, the subscriber shall pay, in advance, a fee of 10s., in addition to the other charges payable, to cover the cost of protective clothing for the officer installing the service:
Provided that this Regulation shall not apply to public hospitals unless the Department considers that protective measures are necessary.
Unsuitable locations.
12. Where a telephone or other apparatus provided by the Department is, in the opinion of the Department, likely to be subjected to abnormal conditions of use, the subscriber shall supply, install, and maintain at his own expense, and to the satisfaction of the Department, a suitable cabinet for the protection of the telephone or apparatus;
Provided that the subscriber shall defray the costs of any repairs or renewals to the telephone or apparatus which the Department considers are due to causes beyond fair wear and tear.
Lines on Private Property.
13. The length of line to be created by the Department on private property, and the conditions as well as the proportion, if any, of the costs to be borne by the subscriber, shall be determined in each case by the Department.
Vacation of premises.
14.—(1) A subscriber who is leaving or has left premises having a telephone service shall, before leaving the premises, give notice, in writing, to the Department of the date on which he expects to leave, or shall, within one week after leaving the premises, give notice, in writing, to the Department of the date on which he left.
(2) A subscriber who fails to comply with the provisions of the last preceding sub-regulation shall be guilty of an offence. Penalty: Ten pounds.
15. In the event of a subscriber removing from or giving up possession of the premises within which the telephone is situated without paying in advance the cost of removing the instruments, or making other arrangements approved by the Department for the removal or discontinuance of the service, the Department may disconnect the telephone and remove any instruments and fittings belonging to the Department, and, notwithstanding such disconnection and removal, may recover from the subscriber the rental and any charges payable to the end of the term agreed upon, or which are due under these Regulations.
Unauthorized use of telephone.
16.—(1) A person who has entered into the occupation of any premises having a telephone or other like service, or who remains in occupation of such premises after the subscriber has removed, shall not be entitled to make use of the service, or to suffer any other person to do so, until he has obtained a transfer in the proper form.
(2) If such person makes use of such service, or suffers any other person to do so, before obtaining a transfer of the service, he shall be deemed to have assumed the service, and (without prejudice to any liability of the subscriber or any right or power of the Department) shall be liable for all amounts owing in respect of the service, as well as amounts which become payable in respect of any subsequent use of the service.
Sale of service prohibited.
17.—(1) Any subscriber who sells or offers for sale his telephone or other like service to any person, or advertises such service as being for sale, shall be guilty of an offence. Penalty: Ten pounds.
(2) If any person is convicted of an offence against this Regulation, the Department may withdraw the service in respect of which the offence was committed, and remove any telephones and other apparatus belonging to the Department.
(3) Nothing in this Regulation shall prevent the transfer of a service to a new subscriber, with the consent of the Department, upon or in connexion with a bona fide change in the occupancy of the premises in which the service is installed.
(4) In this Regulation “service” includes any rights of a subscriber in or to a telephone or other like service.
PART II. —TELEPHONE EXCHANGES.
Establishment of new exchanges.
18. The Department may at its discretion establish telephone exchanges where such facilities are considered necessary and make arrangements for the transaction of business thereat according to the circumstances of each case.
Hours of service to be determined by Department.
19. The hours during which telephone service will be ordinarily provided at any exchange shall be determined by the Department.
Hours of service at non-official exchange.
20. Where the person in charge of a non-official exchange declines to provide service during the prescribed hours for the remuneration authorized, the period of attendance shall be reduced unless the persons served by the exchange contribute annually in advance the additional amount required.
Extension of hours.
21. If any extension of the hours of service at an exchange beyond those fixed by the Department is desired by the persons concerned and it is practicable to comply with the application, the terms and conditions under which the period of attendance will be increased shall be fixed by the Department.
Transaction of business after hours.
22. Arrangements may be made to keep any official office open for the transmission of telephone messages after the normal hours of service, upon notice being given to the officer in charge at least one hour before the ordinary time of closing, and upon payment of a fee of 1s. 6d. for each 30 minutes, or portion thereof, during which it is desired the office shall be kept open. If more than one office is so kept open, these fees shall be payable in respect of each office. All telephone messages transmitted shall be paid for at the prescribed rates.
Urgent cases.
23.—(1) In cases of a specially urgent nature where it is not possible to give the notice stipulated in the last preceding regulation, telephone messages may be transmitted after the ordinary business hours, provided the attention of the officer in charge of the office with which it is desired to transact business can be obtained.
(2) The charges for such service shall be the same as those prescribed by regulation 22.
Limitation on use of office after business hours.
24. Only the person who pays for keeping an office open after the ordinary business hours shall be entitled to transact business during such special attendance. Should any other person desire to transact business at such times, he may do so on payment of the prescribed charges.
Allocation of costs of removals.
25. Where an exchange is removed to another location at the request of the subscribers or for reasons beyond the Department’s control, the subscribers connected to the exchange may be required to defray such portion of the costs of removing the telephone line, switchboard and other apparatus as the Department determines.
PART III.— TELEPHONE EXCHANGE SERVICES.
Division I. —Services Wholly Provided by the Department.
Connexion of subscribers to relevant exchange.
26. Except where Departmental convenience requires otherwise, a subscriber shall be connected to the exchange designed to serve the district in which his premises are situated: Provided however that, at the discretion of the Department, a subscriber may be permitted to connect to a distant exchange offering continuous hours of service.
Department’s right to transfer to another exchange.
Telephone number.
28. Discretion as to the allotment or variation at any time of a subscriber's telephone number shall rest with the Department.
Rental within 2 mile radius.
29.—(1) The charges payable for each of the differen
This is an opening excerpt, not the complete document.