Harper, Michael 1794 960 2017-03-08T05:17:00Z 2017-05-14T08:25:00Z 43 19328 110176 918 258 129246 14.0000 POST AND TELEGRAPH.   No. 12 of 1901. An Act relating to the Postal and Telegraphic Services of the Commonwealth. [Assented to 16th November, 1901.] BE it enacted by the King ’ s Most Excellent Majesty the Senate and the House of Representatives of the Commonwealth of Australia as follows:— Short title and commencement. 1 .   This Act may be cited as the Post and Telegraph Act 1901, and shall commence on the first day of December One thousand nine hundred and one. State Acts to cease to apply. First Schedule. 2 . The State Acts specified in the First Schedule to this Act shall cease to apply to the postal and telegraphic services of the Commonwealth. But the regulations in force in any State under any of the said State Acts shall as regards that State continue in force until revoked in whole or in part by the Governor-General, and rates and charges in force in any State under any of the said State Acts shall continue in force as regards that State and be applied in the same manner as if the said State Acts were not affected by this Act. Part I. — General . Interpretation of terms. Qd . P. & T. Act 1891 s. 4. N.Z . P. O. Act 1900 s. 2. 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 Department of the Postmaster-General. “ 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 by any postal authority for payment under this Act. “ Officer ” means any officer in the service of the Department. “ Port ” includes any harbor river lake or roadstead within defined limits. “ 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 note ” means a postal note issued under this Act or by any postal authority for payment under this Act. “ 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 a Deputy Postmaster-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. “ Prescribed ” means prescribed by this Act or the regulations. “ Regulations ” means regulations under this Act. “ 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. “ 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. Department. 4 .   The Department shall have control of the Postal and Telegraphic services of the Commonwealth. Postmaster-General. 5.   The Administration of this Act and the control of the Department are vested in the Postmaster-General. Secretary. 6.   There shall be a secretary to the Postmaster-General who under the Postmaster-General shall have the chief control of the Department throughout the Commonwealth. Deputy Postmaster-General . 7 .   There shall in each State be a Deputy Postmaster-General who shall be the principal officer of the Dep artment therein . Postmaster-General may delegate . 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 may delegate. Declarations to be taken by officers &c. Second Schedule (A). N.S.W . P. Act 1867 s. 4. 9 .   Every officer shall before exercising the duties of his office take and subscribe before a justice of the peace a declaration in the form A set forth in the Second Schedule to this Act. Future telegraph messengers to retire on attaining age of eighteen. 10 .   Every person taken into the employment of the Department as a telegraph messenger after the commencement of this Act shall immediately on attaining the age of eighteen years cease to be so employed, but may if eligible be appointed to some other position in the public service. Every parcel sent by post if not a packet parcel or newspaper to be deemed a letter. 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. Packets may be defined. 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. Officers of the department free from tolls. W.A . P. & T.Act 1893 s. 8. 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 Five pounds. 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 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.   Arrangements may be made for British or foreign mails. Qd . P. & T. Act 1891 s. 9. 14 .   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 transmisssion by land or sea or by both 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 clues 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. Contracts. N.S.W . P. Act 1867 §. 43. 15 .   The Postmater -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 by land and sea or either 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. White labour in mail contracts. 16 .— ( 1 .)   No contract or arrangement for the carriage of mails shall be entered into on behalf of the Commonwealth unless it contains a condition that only white labour shall be employed in such carriage. ( 2 .) This condition shall not apply to the coaling and loading of ships at places beyond the limits of the Commonwealth. Railways to carry mails. 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. Payment for carriage of mails by rail. 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. Contributions may be accepted. 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. Letters &c. from places beyond the Commonwealth. 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. Postage on letters of sailors soldiers &c. Qd . ib. s. 14. 21 .—(1.)   A postage of one penny shall be charged on letters not exceeding one half-ounce in weight forwarded by or addressed to seamen on actual service in the King ’ s Navy or in the Marine Defence Force of the Commonwealth or any British possession or to a non-commissioned officer or man on actual service in the King ’ s Regular Forces or in the Permanent Land Force of the Commonwealth or any British possession. Provided that a letter forwarded by any such person shall not be transmitted or delivered at that charge unless it bears on its face the name of the writer and his class or description in his vessel regiment corps or detachment and the signature of the officer having command of the vessel regiment corps or detachment: Provided also that a letter addressed to any such person shall not be transmitted or delivered at that charge unless it bears on its face the name of the vessel regiment corps or detachment to which the person to whom it is addressed belongs. (2.)   This section shall not apply to letters forwarded by or addressed to a commissioned or warrant officer in the Land or Marine Forces or a midshipman in the Marine Forces. Redirection. 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. Letters &c. insufficiently prepaid. N.S.W . P. A . Am. Act 1893 s. 11. 23 .   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. Petitions to the Governor-General &c. N.S.W . P. Act 1867 s. 13. 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 sixteen ounces in weight respectively and are without covers or in covers open at the ends or sides. Postage need not be prepaid on letters or packets containing returns of births &c. transmitted By any minister of religion &c. to appointed officer. N.S.W . ib. 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 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. Powers and duties conferred upon post-masters by State Acts. 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. Postage need not be prepaid on letters or packets containing electoral matter. 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. Definition of newspaper and supplement. 28. —(1.)   For the purposes of this Act a newspaper shall mean any publication known and recognised as a newspaper in the generally accepted sense of the word, and printed and published within the Commonwealth for sale, if— ( a ) it consists in substantial part of news and articles relating to current topics, or of religious technical or practical information; and ( b ) it is published in numbers at intervals of not more than one month; and ( c ) the full title and date of publication are printed at the top of the first page, and the whole or part of the title and the date of publication are printed at the top of every subsequent page. (2.)   A publication printed on paper and issued as a supplement to a newspaper shall be deemed to be a supplement and to be part of the newspaper if— ( a ) it consists in substantial part of reading matter other than advertisements, or of engravings, prints, lithographs, or coloured supplements; and ( b ) it is enclosed in each posted copy of the newspaper with which it is issued; and ( c ) it has the title of the newspaper with which it is issued printed on the top of each page of letterpress; and ( d ) it is not of a size or form which makes it inconvenient for carriage or delivery by post. Registration of newspapers. Removal from register. 29 .—(1.)   The proprietor printer or publisher of any newspaper may at such time and in such form and with such particulars as may be prescribed upon payment of a fee of Five shillings register it at the General Post Office of any State and the Deputy Postmaster-General 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. (2.)   No publication which after the expiration of one month from the commencement of this Act is tendered for transmission at any post office in the Commonwealth shall be sent by post as a newspaper unless the provisions of this section have been complied with. (3.)   Any Deputy Postmaster-General 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. (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 Deputy Postmaster-General under this section may appeal to a Justice of the High Court or to a Judge of a Supreme Court of a State by summons or petition in a summary manner. The Justice or Judge 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 to him may seem just and may award damages and costs or either in his discretion. Consequence of irregularity. N.S.W . P. O. Am. Act 1893 s. 4 . Vict . P. O. Act 1897 s. 7. Qd . P. & T. Act 1891 ss. 24, 25. (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. Governor-General. 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 Postage stamps to be made and sold. Postmasters to keep sufficient supply of stamps. 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. Prepayment of postage. S.A. ib. s. 42. P. U. Conv. Art 11. 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: Provided however that the reply-half of reply post-cards bearing postage stamps of the country in which these cards were issued are considered as duly prepaid if addressed to such country. (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. By money in certain cases. 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. Prepayment of postage in bulk. N.S.W . P. A. Am. Act 1893 s. 12. 34 .   The Postmaster-General may authorize any postmaster or other officer to accept money in prepayment of the postage on each letter packet or newspaper in cases where a large quantity of letters packets or newspapers are brought to the post by or on behalf of any person, and the postmaster or other officer shall mark on each letter packet or newspaper the full amount of postage prepaid thereon. Postage stamps, where to be affixed. 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. Postage stamps may be perforated with letters. 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. Erection of letter pillars &c. 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. Registration. 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. (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 notes or postage stamps not exceeding Five shillings 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. Declaration to he made where missing letter &c. contained valuable enclosure. Qd . P. & T. Act 1891 s. 35. Second Schedule (D). 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 the Second Schedule to this Act and to pay the fee (if any) prescribed before any inquiry is instituted. Certain letters &c. to be deemed posted in contravention of this Act. 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. Letters &c. in contravention of this Act how dealt with. Qd P. & T. Act 1891 s. 37. 41 .   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. 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. Power to examine news-papers and packets. Qd . ib. 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. Blasphemous or obscene letters &c. may be destroyed. S.A. P. O. Act 1876 s. 45. 43 .   The Postmaster-General or any Deputy Postmaster-General 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. 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 Deputy Postmaster-General under this section may appeal to a Justice of the High Court or to a Judge of a Supreme Court of a State by summons or petition in a summary manner. Indecent pictures &c. sent by post. 44 .   The Postmaster-General or any Deputy Postmaster-General 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. Unclaimed and undelivered articles returned from other countries how dealt with. 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. Unclaimed letters &c. to be kept certain periods and then sent to Genera l Post Office. N.S.W . P. A. Am. Act 1893 s. 8. S.A. P. O. Act 1891 s. 14. 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 may be prescribed. And as soon as possible after the expiration of such time the postmaster at every such post office shall transmit to the General Post Office 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 beyond the prescribed time shall be dealt with as in this Act provided. Letters &c. may be returned to sender if request indorsed thereon. (2.)   Notwithstanding anything in this Act contained 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 same has been transmitted for delivery shall as soon as possible after the time so specified transmit it to such indorsed address, and if it be refused at such specified address it shall be deemed to be undelivered and unclaimed and dealt with accordingly. Telegrams letters &c. at hotels remaining undelivered for one month to be returned to post office. S.A. ib. 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. (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 Five pounds. How dead letters &c. disposed of at General Post Office. N.S.W . P. Act 1867 s. 30. 48 .   On the receipt at a General Post Office 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 letter and packet if it was originally posted elsewhere shall except as last aforesaid be returned to the proper authorities in the country in which it was so posted or if originally posted in another State be returned to the General Post Office of that State, but every news-paper wheresoever it was originally posted shall be opened in the same place and manner as letters and packets originally posted in the Commonwealth. How or by whom unclaimed or dead letters may be opened. Second Schedule (B). S.A. P. O. Act 1876 s. 36. 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 the Second Schedule to this Act. Opened postal articles not containing anything of value how dealt with. S.A. ib. s. 37. 50 .   Every Deputy Postmaster-General 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 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. Opened letters and packets containing anything of value how dealt with. Vict . P. O. Act 1890 s. 40. 51 .—(1.)   Every undelivered letter or packet which is opened under the provisions of this Act (if it contains any valuable or saleable enclosure) shall be safely kept and a list thereof together with a memorandum of such contents made and preserved; and the Postmaster-General shall (unless such contents have been posted or be 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 on the letter or packet containing them) cause notice of such letter or packet and of such contents to be sent to the person to whom the same is addressed if he be known or otherwise to the writer or sender thereof if he be known. And upon application by the first-mentioned person if known and if unknown by the last-mentioned person if known such letter or packet and its contents shall (unless as last aforesaid) be delivered to the person so making such demand. (2.)   If neither of such persons can be found or makes such application within three months after the sending of such notice or if the said contents have been posted or are 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 on the letter or packet containing them such letter or packet shall be destroyed and its •contents forfeited unless the Postmaster-General directs the said -contents to be restored to the writer or sender of the said letter or packet. And if the contents aforesaid are not money or a security or order for money payable to bearer the same may be destroyed sold or converted into money in such manner as the Postmaster-General or Deputy Postmaster-General directs, and the proceeds thereof shall be paid into the consolidated revenue fund. And if the contents aforesaid are money, or a security, or order for money payable to bearer, the same shall form part of the consolidated revenue. Opened newspapers how dealt with. N.S.W . P. Act 1867 s. 34. 52 .   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. And if such enclosure or accompaniment is not money or a security or order for money payable to bearer the same may be destroyed sold or converted into money in such manner as the Postmaster-General may direct and the proceeds thereof shall be paid into the consolidated revenue fund. And if such enclosure or accompaniment is money, or a. security, or order for money payable to bearer, the same shall form part of the consolidated revenue. Sender of opened letters &c. to pay postage. N.S.W . ib. s. 35. 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 Forty shillings. No letters &c. to be returned except in certain cases. N.S.W . ib. 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. Letters of insolvents to be delivered to official assignee. S.A. P. O . Act 1876 s. 40. 55 .   Whenever any person becomes or is adjudged bankrupt or insolvent by any court of competent jurisdiction within the Commonwealth the Postmaster-General if so directed by the order of the court shall until a date to be specified in such order cause any postal article addressed to such bankrupt or insolvent to be delivered to the official receiver or other person named in such order. Letters &c. for deceased persons how to be disposed of. S.A. ib. s. 41. 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 Deputy Postmaster-General may cause such postal articles to be delivered as may be prescribed. Power in certain cases to refuse to register or deliver letters &c. 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. Letters &c. in such cases how dealt with. Qd . ib. 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. Heavy letters packets and newspapers may be refused. N.S.W . P. O. 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. Delivery at post town or at named or last known residence sufficient. 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. Despatch and delivery of packets &c. may be delayed. Qd . P. & T. Act 1891 s. 53. 61 .   When the despatch or delivery of letters from a post office would he 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. Qd . ib. s. 54. 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 b e 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 primá 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 primâ 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. Mail in charge of postmaster &c. deemed to be by post. Qd . ib. 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 mail-driver 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. Power to destroy books documents telegrams, &c. Vict . P. O. Act 1890 s. 44. 64 .—(1.)  
