Australian Postal Corporation Amendment Regulations 2009 (No. 1) (Cth)

Australian Postal Corporation Amendment Regulations 2009 (No. 1)¹

Select Legislative Instrument 2009 No. 79

I, QUENTIN BRYCE, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Australian Postal Corporation Act 1989.

Dated 14 May 2009

QUENTIN BRYCE

Governor‑General

By Her Excellency’s Command

STEPHEN CONROY

Minister for Broadband, Communications and the Digital Economy

Name of Regulations

These Regulations are the Australian Postal Corporation Amendment Regulations 2009 (No. 1).

Commencement

These Regulations commence on the day after they are registered.

Amendment of Australian Postal Corporation Regulations 1996

Schedule 1 amends the Australian Postal Corporation Regulations 1996.

Schedule 1 Amendments

(regulation 3)

[1] Paragraph 3H (b)

substitute

(b)the name and classification of the quarantine inspection officer in whose presence the authorised examiner opens the article under subsection 90U (4) of the Act and who examines the article under subsection 90U (5) of the Act;

[2] Subparagraphs 6 (a) (i) and (ii)

substitute

(i)to inquire into a dispute about the terms and conditions on which a rate reduction is or would be provided to a person (including the amount of the rate reduction and the period for which it should apply); and

(ii)to make a recommendation to the Minister about the terms and conditions (including the amount of any rate reduction and the period for which it should apply); and

[3] Paragraph 6 (b)

omit

economical and quick.

insert

efficient and timely.

[4] Paragraph 8 (b)

omit

Post.

insert

Post; and

[5] After paragraph 8 (b)

insert

(c)any other person who applies in writing to be made a party and is accepted by the ACCC as having a sufficient interest.

[6] Paragraph 9 (1) (b)

substitute

(b)unable to agree with Australia Post on the terms and conditions on which a rate reduction is or will be provided to the person (including the amount of the rate reduction and the period for which it will apply) for the service;

[7] After subparagraph 9 (2) (b) (ii)

insert

(iii)if any other terms and conditions on which the rate reduction is or would be provided are in dispute — the terms and conditions that the complainant proposes should apply; and

[8] After subparagraph 9 (2) (c) (ii)

insert

(iii)any other terms and conditions to which Australia Post’s offer is subject; and

[9] Subparagraph 10 (b) (ii)

omit

notice.

insert

notice; and

[10] After paragraph 10 (b)

insert

(c)give written notice of the dispute to any other person the ACCC thinks might want to become a party to the inquiry; and

(d)give notice of the dispute to the public in such manner as it thinks fit.

[11] Subregulation 14 (2)

omit

30

insert

60

[12] Subregulations 14 (3) and (4)

substitute

(3)The ACCC may extend the period within which the inquiry is to be completed by a further period of not more than 30 days.

(4)The ACCC must give written notice of the extension, and the reasons for the extension, to:

(a)the Minister; and

(b)the parties.

[13] After subregulation 15 (1)

insert

(1A)A member of the ACCC is not disqualified from taking part in an inquiry merely because he or she has previously considered:

(a)a matter relating to the dispute that is the subject of the inquiry; or

(b)another matter involving a party to the dispute.

[14] Subregulation 18 (1)

substitute

(1)The ACCC may, with the consent of the parties, conduct a joint inquiry into 2 or more disputes if it considers that it is appropriate to do so because:

(a)the disputes involve sufficiently similar issues; or

(b)the complainant in each dispute is the same person.

[15] After regulation 18

insert

18AUse of information obtained under Part VIIA of the Trade Practices Act 1974

If the ACCC thinks that any information that was obtained by it under Part VIIA of the Trade Practices Act 1974 may be relevant to an inquiry, the ACCC may use the information in the inquiry.

Note For limitations on disclosure of the information, see section 95ZN of the Trade Practices Act 1974.

[16] Subregulation 19 (4), notes

omit

[17] After subregulation 19 (4)

insert

(5)A party commits an offence if:

(a)a notice is given to the party under subregulation (1); and

(b)the party is capable of providing the information or producing the document specified in the notice at the place and within the period, or on the date and at the time, specified in the notice; and

(c)the party fails to comply with the notice.

Penalty: 10 penalty units.

Note 1 A person supplying confidential commercial information under this regulation may make a request under regulation 21.

Note 2 This regulation is in addition to more specific provisions in this Part under which a person may be required to supply particular information or documents (for example, subregulation 9 (2) and regulation 11).

Note 3 See subregulation 14 (5) for the effect of delay in supplying information or a document on the time limit for an inquiry.

Note 4 Giving false or misleading information, or producing a document that is false or misleading, in response to a notice under subregulation (1) may be an offence under section 137.1 or 137.2 of the Criminal Code.

Note 5 For corporate criminal responsibility, see Part 2.5 of the Criminal Code.

Note 6 For penalties, see section 4D of the Crimes Act 1914.

Note 7 For penalty units, see section 4AA of the Crimes Act 1914.

[18] Subparagraph 22 (1) (a) (ii)

omit

rate; and

insert

rate; or

[19] After subparagraph 22 (1) (a) (ii)

insert

(iii)any other variation in the terms and conditions on which the bulk interconnection service is to be provided; and

[20] Paragraph 23 (1) (a)

omit

or subregulation 22 (1)

[21] After paragraph 23 (1) (a)

insert

(ab)the ACCC:

(i)receives a notice from the complainant under subregulation 22 (1); and

(ii)is satisfied that the offer is fair and reasonable; or

[22] Subparagraph 27 (2) (a) (ii)

omit

rate;

insert

rate; and

[23] After subparagraph 27 (2) (a) (ii)

insert

(iii)if subparagraph 9 (2) (b) (iii) applies in relation to the inquiry — the other terms and conditions on which the bulk interconnection service should be supplied to the complainant at the reduced rate; and

[24] Regulation 28

omit

[25] Regulation 30

omit

The Minister

insert

(1)The Minister

[26] Regulation 30

insert

(2)The Minister must consult with the Board before giving a direction.

(3)A direction must not be inconsistent with subsection 32A (2) of the Act.

[27] Paragraph 31 (c)

substitute

(c)the response (if any) of the Board to the consultation mentioned in subregulation 30 (2); and

(d)any other relevant matter.

[28] Subregulation 32 (1)

omit

21

insert

28

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See