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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Postal
Services Legislation Amendment Bill 2000
No.
, 2000
(Communications, Information Technology and the
Arts)
A Bill for an Act to amend
legislation relating to postal services, and for related
purposes
ISBN: 0642 430721
Contents
Administrative Decisions (Judicial Review) Act
1977 25
Archives Act
1983 25
Australian Security Intelligence Organisation Act
1979 25
Commonwealth Borrowing Levy Act
1987 26
Commonwealth Electoral Act
1918 27
Crimes Act
1914 27
Criminal Code Act
1995 28
Customs Act
1901 28
Evidence Act
1995 28
Financial Transaction Reports Act
1988 29
Freedom of Information Act
1982 29
Navigation Act
1912 29
Occupational Health and Safety (Commonwealth Employment) Act
1991 30
Protection of Movable Cultural Heritage Act
1986 30
Sea Installations Act
1987 30
Part 1—Amendment of the Trade Practices Act
1974 31
Part 2—Transitional
provisions 91
A Bill for an Act to amend legislation relating to postal
services, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Postal Services Legislation Amendment Act
2000.
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(2) The following provisions (the proclamation provisions)
commence on a day to be fixed by Proclamation:
(a) Divisions 3, 4 and 5 of Part 2;
(b) Part 3;
(c) Schedule 1 (other than items 1 and 2);
(d) Schedule 3 (other than items 18, 22, 23, 24 and 25);
(e) Schedule 4.
(3) However, if the proclamation provisions do not commence under
subsection (2) within the period of 6 months beginning on the day on which this
Act receives the Royal Assent, those provisions commence on the first day after
the end of that period.
(4) Items 1 and 2 of Schedule 1 commence immediately after the later
of:
(a) the commencement of item 3 of Schedule 1; and
(b) the commencement of item 1 of Schedule 1 to the Customs Legislation
Amendment (Criminal Sanctions and Other Measures) Act 2000.
(5) Schedule 2 commences immediately after the commencement of item 2 of
Schedule 1.
(6) Items
18, 22, 23, 24 and 25 of Schedule 3 commence on the later of the
following:
(a) the commencement of item 1 of Schedule 3;
(b) immediately after the commencement of section 1 of the Criminal
Code Amendment (Theft, Fraud, Bribery and Related Offences) Act
2000.
Subject to section 2, each Act that is specified in a Schedule to this
Act is amended or repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect according to
its terms.
This Act binds the Crown in each of its capacities.
This Act extends to all the external Territories.
This Act applies both in and outside Australia.
In this Part, unless the contrary intention appears:
ASIC means the Australian Securities and Investments
Commission.
Australian Postal Corporation Limited means the body
corporate referred to in Part 2 of the Australia Post Act (as in force
immediately before the conversion time) as continued in existence by
registration under the Corporations Law as mentioned in section 10 of this
Act.
Australia Post means the body corporate referred to in Part 2
of the Australia Post Act (as in force immediately before the conversion
time).
Australia Post Act means:
(a) in relation to a time (the time) before the conversion
time—the Australian Postal Corporation Act 1989 as in force at the
time; and
(b) in relation to a time (the time) at or after the
conversion time—the Australian Postal Corporation Limited Act 1989
as in force at the time.
Note: Item 2 of Schedule 1 changes the short title of the
Australian Postal Corporation Act 1989 to the Australian Postal
Corporation Limited Act 1989.
commencing time means the beginning of the day on which this
Act receives the Royal Assent.
conversion time means the time when Division 3 of Part 2
commences.
(1) As soon as possible after the commencing time, Australia Post must
apply to ASIC under Part 5B.1 of the Corporations Law to register Australia Post
as a public company limited by shares.
(2) Australia Post is authorised to make the application.
(3) The application must be lodged with an office of ASIC in the
Australian Capital Territory.
(4) The application must be accompanied by a copy of the proposed
constitution for Australia Postal Corporation Limited. The proposed constitution
must first be approved in writing by the Minister.
(5) The following provisions of the Corporations Law do not apply in
relation to the application:
(a) paragraphs 601BC(2)(e) and (l);
(b) subsection 601BC(4);
(c) paragraphs 601BC(6)(a), (d) and (e);
(d) paragraphs 601BC(8)(a) and (f).
(1) From a time (the time) that is immediately before the
conversion time, Australia Post is to have a share capital equal to the capital
of Australia Post at the time.
(2) The share capital is divided into 400 shares.
(1) At the conversion time, ASIC is taken to have registered Australia
Post under section 601BD of the Corporations Law:
(a) as a public company limited by shares; and
(b) with the name “Australian Postal Corporation
Limited”.
The registration is taken to have occurred on the day on which the
conversion time occurred.
(2) ASIC must issue a certificate and ACN under section 601BD of the
Corporations Law in respect of the registration.
Nothing in this Part prevents any of the following after the conversion
time:
(a) a variation of the share capital of Australian Postal Corporation
Limited;
(b) a change in name of Australian Postal Corporation Limited;
(c) a change in the structure or constitution of Australian Postal
Corporation Limited.
(1) At the conversion time, the shares in Australian Postal Corporation
Limited are taken to be issued, as fully paid, to the Commonwealth.
(2) The Commonwealth:
(a) becomes a member of Australian Postal Corporation Limited by force of
this section, and is taken to have consented to become a member; and
(b) is entitled to the same rights, privileges and benefits in respect of
that membership as if it had become a member under the constitution of
Australian Postal Corporation Limited; and
(c) is subject to the same duties, liabilities and obligations in respect
of that membership as if it had become a member under the constitution of
Australian Postal Corporation Limited.
No tax is payable under a law of a State or Territory in respect of the
operation of this Part or giving effect to this Part.
For the purposes of the Income Tax Assessment Act 1936 and the
Income Tax Assessment Act 1997, at all times before the application of
subsection 12(1) of this Act Australian Postal Corporation Limited is taken to
have had a share capital, all the issued shares in which were beneficially owned
by the Commonwealth.
The Minister must cause a copy of Australian Postal Corporation
Limited’s constitution to be laid before each House of the Parliament
within 15 sitting days of that House after the registration of Australia Post
under the Corporations Law as mentioned in section 10 of this Act.
For the purposes of the Corporations Law:
(a) the accounting records kept by Australia Post before the conversion
time under section 20 of the Commonwealth Authorities and Companies Act
1997 are to be treated as financial records of Australian Postal Corporation
Limited; and
(b) the financial statements contained in an annual report prepared by
Australia Post under section 9 of the Commonwealth Authorities and Companies
Act 1997 in relation to a financial year ending before the conversion time
are to be treated as a financial report of Australian Postal Corporation Limited
for that financial year.
(1) The Governor-General may make regulations prescribing
matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.
(2) In particular, regulations may be made for matters of a transitional
or saving nature arising from the amendments made by this Act.
1 At the end of the title
Add “Limited”.
2 Section 1
After “Corporation”, insert
“Limited”.
3 Section 3 (definition of Australia
Post)
Repeal the definition, substitute:
Australia Post means:
(a) in relation to a time before the conversion time—the body
corporate referred to in Part 2 (as in force at the earlier time); and
(b) in relation to a time at or after the conversion time—that body
as continued in existence by registration under the Corporations Law as
mentioned in section 10 of the Postal Services Legislation Amendment Act
2000.
4 Section 3 (definition of
Board)
Repeal the definition.
5 Section 3 (definition of
borrow)
Repeal the definition.
6 Section 3
Insert:
carried by ordinary post: an article is carried by
ordinary post if it is carried by post by physical means in a way that does not
involve the supply of a special service for which a special fee is payable for
carrying the article.
7 Section 3
Insert:
carried by post: an article is carried by post if it is
carried by Australia Post.
8 Section 3 (definition of carry by
post)
Repeal the definition.
9 Section 3 (definition of
Chairperson)
Repeal the definition.
10 Section 3
Insert:
conversion time means the time when Australia Post is taken
to be registered as a company under Part 5B.1 of the Corporations Law, in
accordance with section 10 of the Postal Services Legislation Amendment Act
2000.
11 Section 3 (definition of Deputy
Chairperson)
Repeal the definition.
12 Section 3 (definition of
director)
Repeal the definition.
13 Section 3
Insert:
GST has the same meaning as in the A New Tax System (Goods
and Services Tax) Act 1999.
14 Section 3 (definition of
letter)
Repeal the definition, substitute:
letter means:
(a) a written communication (whether enclosed or unenclosed) that is
directed to a particular person or address and, if the communication is
enclosed, includes any envelope, packet, parcel, container or wrapper that
encloses it; or
(b) a standard postal article.
15 Section 3 (definition of Managing
Director)
Repeal the definition.
16 Section 3 (definition of ordinary
post)
Repeal the definition.
17 Section 3 (definition of
postage)
Repeal the definition, substitute:
postage, in relation to a postal article, means the amount
(including any GST and any special fee) payable in respect of the carriage of
the article by or through Australia Post.
18 Section 3 (definition of
subsidiary)
Repeal the definition.
19 Section 3 (definition of the letter
service)
Repeal the definition.
20 Sections 4, 5 and 6
Repeal the sections.
21 Part 2
Repeal the Part.
22 Saving
Despite the repeal of subsection 24(2) of the Australian Postal
Corporation Act 1989 (as in force immediately before the commencement of
item 2), that subsection continues to apply in relation to acts and things done
by the Managing Director before the commencement of item 21 as if the repeal had
not been made.
23 Sections 25 and 26
Repeal the sections.
24 Section 27
Repeal the section, substitute:
(1) This section sets out Australia Post’s community service
obligations.
(2) Australia Post must, by physical means, carry in Australia letters
that Australia Post has the exclusive right to carry.
Note: See sections 29 and 30 to work out when Australia Post
has the exclusive right to carry a letter.
(3) Australia Post must, by physical means, carry in Australia letters
that Australia Post would have the exclusive right to carry if the reference in
paragraph 30(1)(a) to “50 grams” were a reference to “250
grams”.
(4) Australia Post must, by physical means, carry in Australia letters
that:
(a) originate outside Australia; and
(b) are for delivery in Australia; and
(c) weigh 250 grams or less;
unless the carriage is covered by a paragraph of subsection 30(1) (other
than paragraph 30(1)(a)).
(5) Australia Post must, by physical means, carry in Australia letters
that:
(a) originate in Australia; and
(b) are for delivery outside Australia; and
(c) weigh 250 grams or less;
unless the carriage is covered by a paragraph of subsection 30(1) (other
than paragraph 30(1)(a)).
(6) Australia Post must have a single uniform postage for letters
that:
(a) are standard postal articles; and
(b) Australia Post is obliged to carry under subsection (2) or (3);
and
(c) are to be carried by ordinary post.
(7) Australia Post must ensure:
(a) that the services that Australia Post is obliged to provide under this
section are made reasonably accessible to all people in Australia on an
equitable basis, wherever they reside or carry on business; and
(b) that Australia Post’s performance in providing those services
reasonably meets the social, industrial and commercial needs of the Australian
community.
(8) In this section:
Australia includes Christmas Island and Cocos (Keeling)
Islands, but does not include any other external Territory to which this Act
extends.
25 Paragraph 28(a)
Repeal the paragraph, substitute:
(a) any general policies of the Commonwealth Government of which Australia
Post is notified under section 43 of the Commonwealth Authorities and
Companies Act 1997; and
26 Paragraph 28(b)
Repeal the paragraph.
27 Subsection 28A(3)
Omit “the Board”, substitute “Australia
Post”.
28 Subsection 28A(4)
Repeal the subsection, substitute:
(4) Australia Post must ensure that it complies with any directions under
subsection (3).
29 Subsections 29(1) and
(2)
Repeal the subsections, substitute:
(1) Subject to section 30, Australia Post has the exclusive right to carry
letters in Australia if those letters:
(a) originate in Australia; and
(b) are for delivery in Australia.
(2) For the purposes of subsection (1), a letter is taken to originate in
Australia if:
(a) some or all of the content or information in the letter is generated
in Australia through an enterprise carried on in Australia; and
(b) the content or information is sent outside Australia for the purpose,
or for purposes including the purpose, of avoiding the reserved
services.
(2A) For the purposes of subsection (2), an enterprise carried on in
Australia means an enterprise (within the meaning of the A New Tax
System (Goods and Services Tax) Act 1999) that is carried on
through:
(a) a permanent establishment (as defined in subsection 6(1) of the
Income Tax Assessment Act 1936) in Australia; or
(b) a place that would be such a permanent establishment in Australia if
paragraph (e), (f) or (g) of that definition did not apply.
30 Paragraph 30(1)(a)
Omit “250”, substitute “50”.
31 Paragraph 30(1)(e)
Repeal the paragraph, substitute:
(e) the carriage of a letter within Australia for an amount (including GST
and any special fee) that is at least the postage for the carriage within
Australia of a standard postal article by ordinary post;
32 Paragraph 30(1)(ha)
Omit all the words after “bulk”, substitute “service
(within the meaning of subsection (1BA))”.
33 After paragraph
30(1)(ha)
Insert:
(hb) the carriage of a letter to a person for the purpose of the person or
another person carrying the letter to an office of Australia Post where it is
then lodged for delivery under a bulk service (within the meaning of subsection
(1BA));
34 After subsection 30(1A)
Insert:
(1BA) For the purposes of paragraphs (1)(ha) and (hb), a bulk
service is a service provided by Australia Post under which bulk
quantities of letters are delivered in Australia at reduced rates if:
(a) they are lodged at the office of Australia Post specified in the terms
and conditions of the service; and
(b) before being lodged, they have been sorted in accordance with the
terms and conditions of the service.
35 Division 1 of Part 4
(heading)
Repeal the heading.
36 Sections 32, 32A, 32B and
32D
Repeal the sections.
37 Saving
Despite the repeal of section 32 of the Australian Postal Corporation
Act 1989 (as in force immediately before the commencement of item 2), the
terms and conditions determined by the Board under that section that are in
force immediately before the commencement of item 36 continue in force after the
commencement of item 36 as if they were determined by Australian Postal
Corporation Limited.
38 Section 33
Repeal the section, substitute:
(1) This section applies to the postage for the carriage within Australia
of standard postal articles by ordinary post.
(2) Before fixing or varying the postage, Australia Post must give the
Minister written notice of the proposed postage.
(3) The Minister may, within 30 days after receiving notice of the
proposed postage, give Australia Post written notice disapproving it.
(4) In exercising powers under subsection (3), the Minister must have
regard to:
(a) Australia Post’s obligations under this Act; and
(b) changes in the Consumer Price Index as published by the Australian
Statistician from time to time; and
(c) any other matters the Minister considers appropriate.
(5) Australia Post may fix or vary the postage only if:
(a) 30 days have elapsed since the Minister received notice of the
proposed postage; and
(b) the Minister has not, within that period, given Australia Post a
notice disapproving it.
39 Subsection 34(1)
Omit all the words after “letter” (first occurring), substitute
“that Australia Post is obliged to carry under section
27”.
40 Subsection 34(2)
Omit “article”, substitute “letter”.
41 Divisions 2 and 3 of Part
4
Repeal the Divisions.
42 Parts 5, 6 and 7
Repeal the Parts.
43 Savings
(1) In this item, the Australia Post Act means the
Australian Postal Corporation Act 1989 as in force immediately before the
commencement of item 2.
(2) An appointment of a director under section 73, or of the Managing
Director under section 83, of the Australia Post Act that is in force
immediately before the commencement of item 42 has effect, after the
commencement of that item, as if it were an appointment under Part 2D.3 of the
Corporations Law.
(3) The remuneration that is payable to a director under section 76 of the
Australia Post Act continues to be payable, after the commencement of item 42,
as if it were the remuneration determined by Australian Postal Corporation
Limited.
(4) The terms and conditions on which a director holds office under section
80 of the Australia Post Act that are in force immediately before the
commencement of item 42 continue to apply, after the commencement of that item,
as if they were the terms and conditions determined by Australian Postal
Corporation Limited.
(5) The terms and conditions on which the Managing Director holds office
under section 86 of the Australia Post Act that are in force immediately before
the commencement of item 42 continue to apply, after the commencement of that
item, as if they were the terms and conditions determined by Australian Postal
Corporation Limited.
(6) The terms and conditions of employment determined by Australia Post
under subsection 89(2) of the Australia Post Act that are in force immediately
before the commencement of item 42 continue to apply, after the commencement of
that item, as if they were the terms and conditions determined by Australian
Postal Corporation Limited.
44 Part 7A (heading)
Repeal the heading, substitute:
45 Section 90A
Repeal the section, substitute:
Australia Post is taken for the purposes of the laws of the Commonwealth,
a State or a Territory:
(a) not to have been incorporated or established for a public purpose or
for a purpose of the Commonwealth; and
(b) not to be a public authority or an instrumentality or agency of the
Crown; and
(c) not to be entitled to any immunity or privilege of the
Commonwealth;
except so far as express provision is made by this Act or any other law of
the Commonwealth, a State or a Territory.
46 After paragraph
90J(6)(b)
Insert:
(ba) the National Crime Authority (State Provisions) Act 1984 of
New South Wales; or
(bb) the National Crime Authority (State Provisions) Act 1984 of
Victoria; or
47 After paragraph
90J(6)(c)
Insert:
(ca) the National Crime Authority (State Provisions) Act 1985 of
Queensland; or
(cb) the National Crime Authority (State Provisions) Act 1985 of
Western Australia; or
(cc) the National Crime Authority (State Provisions) Act 1984 of
South Australia; or
(cd) the National Crime Authority (State Provisions) Act 1985 of
Tasmania; or
(ce) the National Crime Authority (State Provisions) Act 1991 of
the Australian Capital Territory; or
(cf) the National Crime Authority (State Provisions) Act 1985 of
the Northern Territory; or
48 After paragraph
90LC(5)(b)
Insert:
(ba) the National Crime Authority (State Provisions) Act 1984 of
New South Wales; or
(bb) the National Crime Authority (State Provisions) Act 1984 of
Victoria; or
49 After paragraph
90LC(5)(c)
Insert:
(ca) the National Crime Authority (State Provisions) Act 1985 of
Queensland; or
(cb) the National Crime Authority (State Provisions) Act 1985 of
Western Australia; or
(cc) the National Crime Authority (State Provisions) Act 1984 of
South Australia; or
(cd) the National Crime Authority (State Provisions) Act 1985 of
Tasmania; or
(ce) the National Crime Authority (State Provisions) Act 1991 of
the Australian Capital Territory; or
(cf) the National Crime Authority (State Provisions) Act 1985 of
the Northern Territory; or
50 Application
The amendments made by items 46, 47, 48 and 49 apply to information and
documents that are acquired or received before, on or after the commencement of
those items.
51 Paragraph 90N(1)(b)
Omit “the Board”, substitute “Australia
Post”.
52 Paragraph 90Q(3)(c)
Omit “determined under section 32”, substitute “on which
Australia Post supplies postal services”.
53 Section 90Z
Omit “determined under section 32”, substitute “on which
Australia Post supplies postal services”.
54 Sections 93 to 97
Repeal the sections.
55 Savings
(1) In this item, the Australia Post Act means the
Australian Postal Corporation Act 1989 as in force immediately before the
commencement of item 2.
(2) Despite the repeal of section 95 of the Australia Post Act made by item
54, that section continues to apply in relation to post-boxes erected before the
commencement of that item as if the repeal had not been made.
(3) Despite the repeal of section 97 of the Australia Post Act made by item
54, that section continues to apply in relation to contracts made before the
commencement of that item as if the repeal had not been made.
56 Before section 101
Insert:
The annual report of Australia Post that is required to be given under
section 36 of the Commonwealth Authorities and Companies Act 1997 must
also:
(a) include an outline of the strategies and policies that Australia Post
is following to carry out its community service obligations; and
(b) include an assessment of the appropriateness and adequacy of the
strategies and policies that Australia Post is following to carry out its
community service obligations; and
(c) include particulars of any general policies of the Commonwealth
Government of which Australia Post is notified under section 43 of the
Commonwealth Authorities and Companies Act 1997 that are applicable to
the year; and
(d) include an outline of the exercise during the year by Australia Post
and its employees of any powers to open, or examine the contents of, articles
carried by post; and
(e) include, in relation to:
(i) each subsection of section 90J (other than subsections 90J(2) and
(4)); and
(ii) each subsection of section 90K;
a record of the number of times during the year that information or
documents were disclosed in reliance on that subsection and of the persons,
authorities or bodies to which information or documents were so
disclosed.
57 Paragraph 102(e)
Repeal the paragraph.
1 Renumbering of the Australian Postal
Corporation Limited Act 1989
(1) In this item:
provision includes a paragraph of a section or of a
subsection, a subparagraph of a paragraph and a Schedule.
the Act means the Australian Postal Corporation Limited
Act 1989.
(2) The several Parts of the Act are renumbered so that they bear
consecutive arabic numerals starting with “1”.
(3) The several Divisions of each Part of the Act are renumbered so that
they bear consecutive arabic numerals starting with “1”.
(4) The several Subdivisions of each Division of each Part of the Act are
relettered so that they bear upper case letters in alphabetical order starting
with “A”.
(5) The several sections of the Act are renumbered in a single series so
that they bear consecutive arabic numerals starting with
“1”.
(6) The several subsections of each section of the Act are renumbered so
that they bear consecutive arabic numerals enclosed in parentheses starting with
“(1)”.
(7) The several paragraphs of each section, of each subsection, or of each
definition, of the Act are relettered so that they bear lower case letters in
alphabetical order enclosed in parentheses starting with
“(a)”.
(8) The several subparagraphs of each paragraph of each section, of each
paragraph of each subsection, or of each paragraph of each definition, of the
Act are renumbered so that they bear consecutive lower case roman numerals
enclosed in parentheses starting with “(i)”.
(9) The several sub-subparagraphs of each subparagraph of each paragraph of
each section, of each subparagraph of each paragraph of each subsection, or of
each subparagraph of each paragraph of each definition, of the Act are
relettered so that they bear upper case letters in alphabetical order enclosed
in parentheses starting with “(A)”.
(10) Each provision of the Act that refers to a provision of the Act that
has been renumbered or relettered under this item is amended by omitting the
reference and substituting a reference to the last-mentioned provision as so
renumbered or relettered.
(11) A reference in a provision of a law of the Commonwealth enacted before
the commencement of this item (whether or not that provision has come into
operation), or in an instrument or document, to a provision of the Act that has
been renumbered or relettered under this item is to be construed as a reference
to that provision as so renumbered or relettered.
Note 1: Each heading to a section, or to a subsection, of
the Act that refers to a provision of the Act that has been renumbered or
relettered under this item is amended by omitting the reference and substituting
a reference to the last-mentioned provision as so renumbered or
relettered.
Note 2: A reference in a heading to a section, or to a
subsection, of another law of the Commonwealth enacted before the commencement
of this item (whether or not that provision has come into operation), or in an
instrument or a document, to a provision of the Act that has been renumbered or
relettered under this item is to be construed as a reference to that provision
as so renumbered or relettered.
Administrative
Decisions (Judicial Review) Act 1977
1 Schedule 1
After paragraph (t), insert:
(ta) decisions of Australian Postal Corporation Limited or a company that
is a subsidiary of the Australian Postal Corporation Limited;
2 Subsection 62(5)
Omit “The Australian Postal Corporation”, substitute
“Australia Post (within the meaning of the Australian Postal
Corporation Limited Act 1989)”.
3 Subsection 62(5)
Omit “the Corporation”, substitute “Australia
Post”.
Australian
Security Intelligence Organisation Act 1979
4 Paragraph 27(1)(a)
Omit “the Australian Postal Corporation or from an employee or agent
of that Corporation”, substitute “Australia Post or from an employee
or agent of Australia Post”.
5 Paragraph 27(1)(b)
Omit “that Corporation or an employee or agent of that
Corporation”, substitute “Australia Post or an employee or agent of
Australia Post”.
6 Subsections 27(6) and
(6A)
Omit “the Australian Postal Corporation” (wherever occurring),
substitute “Australia Post”.
7 Subsection 27(7)
Omit “The Australian Postal Corporation”, substitute
“Australia Post”.
8 Subsection 27(8)
Omit “Australian Postal Corporation Act 1989”,
substitute “Australian Postal Corporation Limited Act
1989”.
9 Subsection 27(10) (definition of
agent)
Omit “the Australian Postal Corporation, includes any person
performing services for that Corporation”, substitute “Australia
Post, includes any person performing services for Australia
Post”.
10 Subsection 27(10)
Insert:
Australia Post has the meaning given by the Australian
Postal Corporation Limited Act 1989.
11 Subsections 27A(6) and
(6A)
Omit “the Australian Postal Corporation” (wherever occurring),
substitute “Australia Post”.
12 Subsection 27A(7)
Omit “The Australian Postal Corporation”, substitute
“Australia Post”.
13 Subsection 27A(8)
Omit “Australian Postal Corporation Act 1989”,
substitute “Australian Postal Corporation Limited Act
1989”.
14 At the end of section
27A
Add:
(11) In this section:
Australia Post has the meaning given by the Australian
Postal Corporation Limited Act 1989.
Commonwealth
Borrowing Levy Act 1987
15 Item 8 of the Schedule
Omit “Australian Postal Corporation”, substitute
“Australia Post (within the meaning of the Australian Postal
Corporation Limited Act 1989)”.
Commonwealth
Electoral Act 1918
16 Paragraph 102(4A)(b)
Omit “the Australian Postal Corporation”, substitute
“Australia Post (within the meaning of the Australian Postal
Corporation Limited Act 1989)”.
17 Subsection 3(1)
Insert:
Australia Post has the meaning given by the Australian
Postal Corporation Limited Act 1989.
18 Subsection 3(1) (paragraph (d) of the
definition of Commonwealth officer)
Omit “Australian Postal Corporation” (wherever occurring),
substitute “Australia Post”.
19 Section 85E (definition of Australia
Post)
Repeal the definition.
20 Section 85F
Omit “Australian Postal Corporation Act 1989”,
substitute “Australian Postal Corporation Limited Act
1989”.
Note: The heading to section 85F is altered by inserting
“Limited” after
“Corporation”.
21 Paragraph 85X(1)(b)
Omit all the words after “accordance with”,
substitute:
the terms and conditions:
(i) agreed or on which Australia Post supplies postal services;
and
(ii) that relate to the carriage by post of dangerous or deleterious
substances or things.
22 Section 470.1 (definition of
article)
Omit “Australian Postal Corporation Act 1989”,
substitute “Australian Postal Corporation Limited Act
1989”.
23 Section 470.1 (definition of Australia
Post)
Repeal the definition, substitute:
Australia Post has the same meaning as in the Australian
Postal Corporation Limited Act 1989.
24 Section 470.1 (definitions of carry,
carry by post, postage stamp and unwritten
communication)
Omit “Australian Postal Corporation Act 1989”,
substitute “Australian Postal Corporation Limited Act
1989”.
25 Paragraph 472.2(b)
Omit “Australian Postal Corporation Act 1989”,
substitute “Australian Postal Corporation Limited Act
1989”.
26 Subsection 77F(1) (definition of Australia
Post)
Repeal the definition, substitute:
Australia Post has the meaning given by the Australian
Postal Corporation Limited Act 1989.
27 Subsection 163(2) (paragraph (a) of the
definition of letter)
Omit “Australian Postal Corporation Act 1989”,
substitute “Australian Postal Corporation Limited Act
1989”.
28 Subsection 163(2) (definition of
letter)
Repeal the definition, substitute:
letter means:
(a) a written communication (whether enclosed or unenclosed) that is
directed to a particular person or address and, if the communication is
enclosed, includes any envelope, packet, parcel, container or wrapper that
encloses it; or
(b) a standard postal article (within the meaning of the Australian
Postal Corporation Limited Act 1989).
29 Dictionary (definition of postal
article)
Omit “Australian Postal Corporation Act 1989”,
substitute “Australian Postal Corporation Limited Act
1989”.
Financial
Transaction Reports Act 1988
30 Subsection 15(7AA)
Omit “the Australian Postal Corporation”, substitute
“Australia Post (within the meaning of the Australian Postal
Corporation Limited Act 1989)”.
Freedom
of Information Act 1982
31 Part II of Schedule 2
Omit “Australian Postal Corporation, in relation to documents in
respect of its commercial activities”.
32 Subsection 329B(2)
Omit “the Australian Postal Corporation”, substitute
“Australia Post”.
33 Subsection 329B(3) (definition of article
in the course of post)
Omit “the Australian Postal Corporation” (wherever occurring),
substitute “Australia Post”.
34 Subsection 329B(3)
Insert:
Australia Post has the meaning given by the Australian
Postal Corporation Limited Act 1989.
Occupational
Health and Safety (Commonwealth Employment) Act 1991
35 Schedule
Omit “Australian Postal Corporation”.
Protection
of Movable Cultural Heritage Act 1986
36 Paragraph 9(4)(b)
Omit “the Australian Postal Corporation”, substitute
“Australia Post (within the meaning of the Australian Postal
Corporation Limited Act 1989)”.
37 Schedule
Omit “Australian Postal Corporation Act 1989”,
substitute “Australian Postal Corporation Limited Act
1989”.
Part
1—Amendment of the Trade
Practices Act 1974
1 Paragraph 29(1A)(a)
Omit “or XIC”, substitute “XIC or XID”.
2 After Part XIC
Insert:
The following is a simplified outline of this Part:
This Part sets out an access regime for postal services.
The Commission may declare a postal service provided by a provider to be a
declared service. Division 2 sets out when the Commission may make the
declaration.
Once a postal service becomes declared, those seeking access may request
the provider of the service for access to it. Division 3 protects confidential
information given during negotiations about access.
If the negotiations result in agreement about the terms and conditions of
the access, the parties may make a contract and register it under Division
4.
If the parties are unable to reach agreement, the parties may notify the
Commission under Division 5 that an access dispute exists and the Commission can
arbitrate the dispute.
The provider of a postal service may make an access undertaking at
any time. If the Commission accepts the undertaking under Division 6, the
provider will be able to provide access to the service on the terms and
conditions set out in the undertaking. If this happens, then the service cannot
be declared and the provider cannot become or remain a party to an access
dispute about the service.
The Commission has power under Division 9 to make record-keeping rules
requiring providers of postal services to keep records and prepare reports. It
also has power to require disclosure of those reports.
Division 10 deals with enforcement of the access regime.
In this Part, unless the contrary intention appears:
access seeker, in relation to a postal service, means a
person who wants access to the service or wants a change to some aspect of the
person’s existing access to the service.
access undertaking means an undertaking under section
153PA.
Australia Post means Australian Postal Corporation
Limited.
community service obligations means Australia Post’s
community service obligations under the Australian Postal Corporation Limited
Act 1989.
declaration means a declaration made under Division
2.
declared service means a postal service for which a
declaration is in effect.
determination means a determination made by the Commission
under Division 5.
final determination means a determination other than an
interim determination.
interim determination means a determination that is expressed
to be an interim determination.
party means:
(a) in relation to an arbitration of an access dispute—a party to
the arbitration, as mentioned in section 153K; and
(b) in relation to a determination—a party to the arbitration in
which the Commission made the determination.
person includes a partnership.
postal article means, subject to the regulations, any thing
that weighs 20 kilograms or less.
postal service means:
(a) the carriage of postal articles by physical means; or
(b) the collection of postal articles for carriage; or
(c) the delivery of postal articles after carriage; or
(d) a service that is incidental to a service covered by paragraph (a),
(b) or (c); or
(e) a postal or other like service determined by the Commission under
subsection 153WA(1);
but does not include a service determined by the Commission under
subsection 153WA(2).
provider, in relation to a postal service, means the person
who provides the service.
(1) In addition to its effect apart from this subsection, this Part has
the effect it would have if each reference to a provider were, by express
provision, confined to a provider that is a corporation.
(2) In addition to its effect apart from this subsection, this Part has
the effect it would have if each reference to an access seeker were, by express
provision, confined to an access seeker that is a corporation.
(3) In addition to its effect apart from this subsection, this Part has
the effect it would have if each reference to access were, by express provision,
confined to access in the course of, or for the purposes of, trade and
commerce:
(i) between Australia and a place outside Australia; or
(ii) between the States; or
(iii) within a Territory, between a State and a Territory, or between 2
Territories.
(1) This
Part applies to a partnership as if the partnership were a person, but it
applies with the changes set out in subsections (2), (3), (4), (5) and
(6).
(2) If this Part would otherwise require or permit something to be done by
the partnership, the thing may be done by one or more of the partners on behalf
of the partnership.
(3) If under this Part a document is given to a partner of the partnership
in accordance with section 28A of the Acts Interpretation Act 1901, the
document is taken to have been given to the partnership.
(4) An obligation that would otherwise be imposed on the partnership by
this Part:
(a) is imposed on each partner instead; but
(b) may be discharged by any of the partners.
(5) The partners are jointly and severally liable to pay an amount that
would otherwise be payable by the partnership under this Part.
(6) An offence against this Part that would otherwise be committed by the
partnership is taken to have been committed by each partner who:
(a) aided, abetted, counselled or procured the relevant act or omission;
or
(b) was in any way knowingly concerned in, or party to, the relevant act
or omission (whether directly or indirectly or whether by any act or omission of
the partner).
(7) For the purposes of this Part, a change in the composition of a
partnership does not affect the continuity of the partnership.
(1) This Part binds the Crown in right of the Commonwealth, of each of the
States, of the Australian Capital Territory and of the Northern
Territory.
(2) Nothing in this Part makes the Crown liable to be prosecuted for an
offence.
(3) The protection in subsection (2) does not apply to an authority of the
Commonwealth or an authority of a State or Territory.
Under this Division the Commission may declare that a postal service
provided by a provider is a declared service.
Once a service is declared, those seeking access to it can negotiate with
the provider about the terms and conditions of the access. The negotiations may
lead to either a contract about the access being registered under Division 4 or
a dispute about the access being arbitrated under Division 5.
(1) On its own initiative or on a person’s written request, the
Commission may declare, by instrument, that a postal service provided by a
provider is a declared service, but only to the extent that the service is not
the subject of an access undertaking that is in effect.
Note: A postal service may be declared under this section if
the provider provides the service to itself or another person.
(2) However, the Commission must not declare the postal service unless it
is satisfied of all of the following matters:
(a) that the service is significant to the provision of postal services in
Australia;
(b) that access (or increased access) to the service would promote
competition in at least one market (whether or not in Australia), other than the
market for the service;
(c) that access to the service can be provided without undue risk to human
health or safety;
(d) that access to the service would not be contrary to the public
interest.
(3) When determining whether to declare the postal service, the Commission
must have regard to:
(a) the long-term interests of consumers of postal services; and
(b) the legitimate business interests of the provider and the
provider’s investment in a facility used to supply the service;
and
(c) the economically efficient operation of the service or a facility used
to supply the service; and
(d) if the provider is Australia Post—Australia Post’s
community service obligations; and
(e) any other matters the Commission thinks are relevant.
(4) Before determining whether to declare the postal service, the
Commission may hold a public inquiry under Subdivision C about the proposal to
make the declaration. If it does so, it must prepare and publish a report about
the inquiry under section 153E.
(5) However, if the Commission does not hold a public inquiry under
Subdivision C, it must:
(a) publish the proposal to declare the postal service and invite people
to make submissions to the Commission about it; and
(b) prepare and publish a report about those submissions under section
153E.
(6) The Commission must publish the declaration or its decision not to
declare the postal service. At the same time, the Commission must give reasons
for the decision to declare or not to declare to the provider and any person who
requested that the service be declared.
(7) If the Commission declares the postal service, the declaration must
specify the expiry date of the declaration.
(1) Subject to this section, a declaration takes effect at the time
specified in the declaration. The time cannot be earlier than 21 days after the
declaration is published.
(2) If an application for review of a declaration is made under section
153F within 21 days after the declaration is published, the declaration does not
take effect until the Tribunal makes its decision on the review.
(3) However, if the application for review is withdrawn, the declaration
takes effect at the later of the following times:
(a) the time it would have taken effect under subsection (1) if the
application had not been made;
(b) the time the application is withdrawn.
(4) A declaration continues in effect until its expiry date, unless it is
earlier revoked.
(5) The expiry or revocation of a declaration does not affect:
(a) the arbitration of an access dispute that was notified before the
expiry or revocation; or
(b) the operation or enforcement of any determination made in the
arbitration of an access dispute that was notified before the expiry or
revocation.
(1) The Commission may, by instrument, revoke a declaration if it is
satisfied that revoking the declaration:
(a) would not be contrary to the long-term interests of users of postal
services; and
(b) would not be contrary to the public interest.
(2) Before determining whether to revoke the declaration, the Commission
may hold a public inquiry under Subdivision C about the revocation proposal. If
it does so, it must prepare and publish a report about the inquiry under section
153E.
(3) However, if the Commission does not hold a public inquiry under
Subdivision C, it must:
(a) publish the revocation proposal and invite people to make submissions
to the Commission about it; and
(b) prepare and publish a report about those submissions.
(4) The Commission must publish its decision to revoke or not to revoke
the declaration.
(5) If the Commission decides not to revoke the declaration, the
Commission must give reasons for the decision to the provider when the
Commission publishes the decision.
(1) On its own initiative or on a person’s written request, the
Commission may hold a public inquiry under this Subdivision about whether
to:
(a) declare a postal service under section 153C; or
(b) revoke a declaration under section 153CB;
if the Commission considers that it is appropriate and practicable to do
so.
(2) If the Commission decides not to hold a public inquiry that a person
has requested under subsection (1), the Commission must notify the person in
writing of the decision and of the reasons for the decision.
(1) The Commission may decide to combine 2 or more public inquiries of a
kind mentioned in subsection 153C(4) or 153CB(2).
(2) If the Commission makes such a decision, the Commission:
(a) may publish a single notice relating to the combined inquiry under
section 153DB; and
(b) may prepare a single discussion paper about the combined inquiry under
section 153DC; and
(c) may hold hearings relating to the combined inquiry under section
153DE; and
(d) must ensure that each inquiry is covered by a report under section
153E, whether the report relates to:
(i) a single one of those inquiries; or
(ii) any 2 or more of those inquiries.
(1) If the Commission holds a public inquiry, it must publish, in whatever
ways it thinks appropriate, notice of:
(a) the fact that it is holding the inquiry; and
(b) the period during which the inquiry is to be held; and
(c) the nature of the matter to which the inquiry relates; and
(d) the period within which, and the form in which, members of the public
may make submissions to the Commission about that matter; and
(e) the matters that the Commission would like such submissions to deal
with; and
(f) the address or addresses to which submissions may be sent.
(2) The Commission need not publish at the same time or in the same way
notice of all the matters referred to in subsection (1).
(1) After deciding to hold a public inquiry about a matter, the Commission
may cause to be prepared a discussion paper that:
(a) identifies the issues that, in the Commission’s opinion, are
relevant to that matter; and
(b) sets out such background material about, and discussion of, those
issues as the Commission thinks appropriate.
(2) The Commission must make copies of the discussion paper available at
each of the Commission’s offices.
(3) The Commission may otherwise publish the discussion paper, including
in electronic form.
(4) The Commission may charge a reasonable price for supplying copies of
the discussion paper under this section.
(1) The Commission must provide a reasonable opportunity for any member of
the public to make a written submission to the Commission about the matter to
which a public inquiry relates.
(2) The period in which submissions may be made must be at least 28
days.
(3) Civil proceedings do not lie against a person in respect of loss,
damage or injury of any kind suffered by another person because of the making in
good faith of a statement, or the giving in good faith of a document or
information, to the Commission in connection with a public inquiry under this
Subdivision.
(4) Subsection (3) applies whether or not the statement is made, or the
document or information is given, in connection with a written submission or a
public hearing.
(1) The Commission may hold hearings for the purposes of a public
inquiry.
(2) At a hearing, the Commission is to be constituted by a member or
members determined in writing by the Chairperson for the purposes of that
hearing.
(3) The Chairperson is to preside at all hearings at which he or she is
present.
(4) If the Chairperson is not present at a hearing, the member who is to
preside at the hearing is the member who is specified in an instrument under
subsection (2).
(5) The Commission may regulate the conduct of proceedings at a hearing as
it thinks appropriate.
(1) A hearing must take place in public.
(2) However, the hearing, or a part of the hearing, may be conducted in
private if the Commission is satisfied that:
(a) evidence that may be given, or a matter that may arise, during the
hearing or a part of the hearing is of a confidential nature; or
(b) hearing a matter, or part of a matter, in public would not be
conducive to the due administration of this Act.
(3) If the hearing, or a part of the hearing, is to be conducted in
public, the Commission must give reasonable public notice of the conduct of the
hearing.
(1) If a hearing, or a part of a hearing, takes place in public and the
Commission is of the opinion that:
(a) evidence or other material presented at the hearing; or
(b) material in a written submission lodged with the Commission;
is of a confidential nature, then the Commission may order that:
(c) the evidence or material must not be published; or
(d) its disclosure be restricted.
(2) A person must not fail to comply with an order under subsection
(1).
Maximum penalty: 50 penalty units.
Note 1: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
Note 2: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
(1) If a hearing, or a part of a hearing, takes place in private, the
Commission:
(a) must give directions as to the persons who may be present at the
hearing or the part of the hearing; and
(b) may give directions restricting the disclosure of evidence or other
material presented at the hearing or the part of the hearing.
(2) A person must not fail to comply with a direction under paragraph
(1)(b).
Maximum penalty: 50 penalty units
Note
1: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
Note 2: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
(1) If the Commission holds a public inquiry under Subdivision C, the
Commission must prepare and publish a report setting out its findings as a
result of the inquiry.
(2) If the Commission invites people to make submissions under subsection
153C(5) or 153CB(3), the Commission must prepare and publish a report setting
out its findings as a result of the submissions.
(3) The Commission is not required to include in the report any
material:
(a) that is of a confidential nature; or
(b) the disclosure of which is likely to prejudice the fair trial of a
person; or
(c) that is the subject of an order or direction under section 153DG or
153DH.
(1) If the Commission declares a postal service, the provider may apply in
writing to the Tribunal for review of the declaration.
(2) If the Commission decides not to declare a postal service,
then:
(a) a person who requested the Commission in writing to declare the
service; or
(b) a provider of a postal service who is affected by the
decision;
may apply in writing to the Tribunal for review of the decision.
(3) An application for review must be made within 21 days after
publication of the Commission’s decision.
(4) The review by the Tribunal is a reconsideration of the
matter.
(5) For the purposes of the review, the Tribunal has the same powers as
the Commission.
(6) The member of the Tribunal presiding at the review may require the
Commission to give information and other assistance and to make reports, as
specified by the member, for the purposes of the review.
(7) If the Commission decided to declare the service, the Tribunal may
affirm, vary or set aside the declaration.
(8) If the Commission decided not to declare the service, the Tribunal may
either:
(a) affirm the Commission’s decision; or
(b) set aside the Commission’s decision and declare the
service.
(9) A declaration, or varied declaration, made by the Tribunal is to be
taken to be a declaration by the Commission for all purposes of this Part
(except this section).
Note: For the duration and effect of a declaration made by
the Tribunal, see section 153CA.
If an application for review is made under section 153F, the Tribunal
may, at any stage of the proceeding, dismiss the application if it is satisfied
that the application is frivolous or vexatious.
Once a service is declared, those seeking access to it can negotiate with
the provider about the terms and conditions of access to the service. This
Division protects confidential information given by the parties during the
negotiations.
If the parties agree on the terms and conditions of access on which the
provider will provide access to the service, they may make a contract and apply
to have it registered under Division 4.
If they do not agree, then they may notify the Commission under Division 5
that an access dispute exists.
(1) If:
(a) at or after the time an access seeker requests the provider of a
declared service for access, one of the parties (the first party)
to the negotiations gives particular information to the other party (the
second party) to the negotiations; and
(b) at or before the time when the information was given, the first party
gave the second party a written notice to the effect that:
(i) that information; or
(ii) a class of information that includes that information;
is to be regarded as having been given on a confidential basis for
negotiating the terms and conditions of access to the service;
the second party must not, without the written consent of the first party,
use that information for a purpose other than negotiating the terms and
conditions of access to the service.
Note: Section 153V sets out the remedies for contraventions
of this section.
(2) However, this section does not apply to the extent that the declared
service was the subject of an access undertaking that was in effect at the time
the information was given.
(3) In this section, party, in relation to negotiations
about access to a declared service, means the access seeker to, or provider of,
the service.
If, after negotiating about access to a declared service, the parties agree
on the terms and conditions of access, they may make a contract and apply to
have it registered under this Division.
A registered contract about access is enforceable in the same way as if the
Commission had made a determination under Division 5 about the access. This
means that if one of the parties does not abide by the contract, the other may
seek to enforce it by applying to the Federal Court for an order under Division
10.
This Division applies to a contract only if:
(a) the contract provides for access to a postal service; and
(b) the contract was made after the service was declared; and
(c) the parties to the contract are the provider of the service and an
access seeker.
(1) On application by all the parties to a contract, the Commission
must:
(a) register the contract by entering the following details on a public
register:
(i) the names of the parties to the contract;
(ii) the postal service to which the contract relates;
(iii) the date on which the contract was made; or
(b) decide not to register the contract.
(2) In deciding whether to register a contract, the Commission must have
regard to:
(a) the public interest, including the public interest in having
competition in markets (whether or not in Australia); and
(b) the interests of all persons who have rights to use the postal service
to which the contract relates.
(3) The Commission must publish a decision not to register a
contract.
(4) If the Commission publishes a decision not to register a contract, it
must give the parties to the contract reasons for the decision when it publishes
the decision.
(1) If the Commission decides not to register a contract, a party to the
contract may apply in writing to the Tribunal for review of the
decision.
(2) An application for review must be made within 21 days after
publication of the Commission’s decision.
(3) The review by the Tribunal is a reconsideration of the
matter.
(4) For the purposes of the review, the Tribunal has the same powers as
the Commission.
(5) The member of the Tribunal presiding at the review may require the
Commission to give information and other assistance and to make reports, as
specified by the member for the purposes of the review.
(6) The Tribunal may either:
(a) affirm the Commission’s decision; or
(b) register the contract.
(7) The decision of the Tribunal takes effect from when it is
made.
The parties to a contract that has been registered:
(a) may enforce the contract under Division 10 as if the contract were a
determination of the Commission under section 153KA and they were parties to the
determination; and
(b) cannot enforce the contract by any other means.
If,
after negotiating about access to a declared service, the parties do not agree
on the terms and conditions of access, either of them may notify the Commission
under this Division that an access dispute exists. Once this happens, the
Commission must arbitrate the dispute and make a final determination about the
access.
If one of the parties does not abide by the determination, the other may
seek to enforce it by applying to the Federal Court for an order under Division
10.