The Secretary, Postmaster-General’s Department has forwarded to me for advice the following memorandum:

• A penny in the slot machine has been designed and patented for the purposes of receiving and delivering written messages. The idea is that the machine should be installed at popular meeting places such as street corners, outside railway stations, hotel lobbies, etc.

2. The machine has not been submitted to the Department but it is apparent that it contains a number of rolls of writing paper and on insertion of a penny in the slot and the pressure of a key the machine projects paper sufficient for a written message. It is intended that the writer should inscribe his message on this piece of paper and write the name of the addressee, or a pre-arranged symbol, at the foot. He would not, however, tear the piece of paper from the roll. By pressing another key the message would be drawn into the machine and covered from view but the name of the addressee, or symbol if used, would remain visible through a transparent panel. When the addressee called at the machine he would place a penny in the slot and press a key which would enable him to withdraw the message and tear it from the roll, thus leaving the roll available for the next message.
3. The inventor proposes that the Department should acquire from him his rights in the machine and its manufacture and installation should be controlled solely by the Department; alternatively, that a licence be given by the Department to an outside body to install and operate the machines.
4. Of course such system of communication was not contemplated when the Post and Telegraph Act was framed and as there is no definite provision sanctioning or prohibiting it it is very doubtful whether the machines could be introduced without amending legislation. Advice is desired on two points, namely–
1. Whether under the Post and Telegraph Act a machine such as the one referred to could be legally installed and operated, and
2. If so, whether the Department would have power to license some outside body to install and operate the machines.
5. The inventor is very anxious that an early decision be given in regard to the matter and in the circumstances it would be appreciated if your advising could be furnished at the earliest possible date.

I do not think that the installation and operation of the above machine by the inventor or other person would be contrary to the Post and Telegraph Act and I am inclined to think that the powers of the Postmaster-General do not extend to the licensing of such
a machine.

Under placitum (v) of section 51 of the Constitution, the Parliament of the Commonwealth has power to make laws with the respect to postal, telegraphic, telephonic and other like services.

The Oxford English Dictionary gives the following meanings of the word ‘post’:

1. To carry in the manner of a post; to convey swiftly.
2. To send through the post office; to put (a letter, etc.) into a post office or letter-box for transmission by the post.

In the same Dictionary the word ‘postal’ is defined, inter alia, in the following terms: Of or pertaining to the post; relating to the carriage of mails.

The terms ‘post’ or ‘postal’ connote, in my view, a posting or sending, a transmission or conveyance, and a delivery. In this connection, see section 98 of the Act, which provides that no letter shall be sent or carried for hire or reward otherwise than by post.

The machine in question does not transmit, send, or convey the message to the person for whom the message is intended. The addressee must go to the machine and take the message from the roll.

I am therefore of opinion that the Post and Telegraph Act does not authorize the Postmaster-General to either operate such a machine or to license any person to operate same. The necessary power to pass legislation dealing with the subject may be contained in the power relating to ‘other like services’ of placitum (v) of section 51, but the matter is not beyond doubt.

[Vol. 24, p. 792]