Australian Postal Corporation (Performance Standards) Regulations 2019 (Cth)

Australian Postal Corporation (Performance Standards) Regulations 2019

made under the

Australian Postal Corporation Act 1989

Compilation No. 1

Compilation date:   16 May 2020

Includes amendments up to:            F2020L00579

Registered:   25 May 2020

About this compilation

This compilation

This is a compilation of the Australian Postal Corporation (Performance Standards) Regulations 2019 that shows the text of the law as amended and in force on 16 May 2020 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary  1

1............ Name............................................................................................................................. 1

3............ Authority....................................................................................................................... 1

5............ Definitions..................................................................................................................... 1

Part 2—Mail deliveries  2

6............ Purposes of this Part..................................................................................................... 2

7............ Frequency of delivery.................................................................................................... 2

8............ Accuracy and speed of delivery..................................................................................... 2

Part 3—Accessibility of services  6

9............ Purposes of this Part..................................................................................................... 6

10.......... Mail lodgement points—articles other than bulk mail.................................................... 6

11.......... Retail outlets.................................................................................................................. 6

Endnotes8

Endnote 1—About the endnotes  8

Endnote 2—Abbreviation key  9

Endnote 3—Legislation history  10

Endnote 4—Amendment history  11

Part 1—Preliminary

1  Name

This instrument is the Australian Postal Corporation (Performance Standards) Regulations 2019.

3  Authority

This instrument is made under the Australian Postal Corporation Act 1989.

5  Definitions

In this instrument:

Act means the Australian Postal Corporation Act 1989.

areas classification means the publication titled “Rural, Remote and Metropolitan Areas Classification 1991 Census Edition”, prepared by the Department of Primary Industries and Energy and the Department of Human Services and Health in November 1994, as existing on the day this instrument commences.

Note:          The Rural, Remote and Metropolitan Areas Classification 1991 Census Edition could in 2019 be viewed on the Productivity Commission’s website ( mail means a letter lodged with Australia Post for delivery under its bulk mail service, and accepted by Australia Post for delivery under that service.

mail lodgement point means a mail lodgement point maintained for the purposes of section 10.

notified clearance day has the meaning given by subsection 8(7A).

notified clearance time has the meaning given by subsection 8(7B).

priority letter means a reserved services letter for which an additional fee is payable for a priority service.

regular letter means a reserved services letter that is not a priority letter.

reserved services letter has the meaning given by subsection 8(1).

retail outlet has the meaning given by subsection 11(1).

street posting box means a container provided in a public place by Australia Post for the lodgement of standard postal articles for collection and delivery by Australia Post.

Part 2—Mail deliveries

6  Purposes of this Part

For the purposes of section 28C of the Act, this Part prescribes performance standards to be met by Australia Post in respect of the frequency, speed and accuracy of mail delivery.

7  Frequency of delivery

(1)Australia Post must service:

(a)  daily (except on a Saturday, a Sunday or a public holiday in the place where the delivery point is located)—98% of all delivery points; and

(b)  at least 2 days each week—99.7% of all delivery points.

(1A)  For the purposes of paragraph (1)(a), Australia Post is taken, before 1 July 2021, to service a delivery point located in a metropolitan area (within the meaning of the areas classification) at the frequency mentioned in that paragraph if Australia Post services the delivery point at least every second day (disregarding a Saturday, a Sunday or a public holiday in the place where the delivery point is located).

(2)  For the purposes of this section, a delivery point is a mail address that, taking account of accessibility, delivery cost and general volume of mail for the address, it is practicable and reasonable to service frequently.

Note:          The following are examples of delivery points:

(a)    street and roadside letter delivery boxes;

(b)    post office private boxes and locked bags;

(c)    private and community bags.

(3)  For the purposes of this section, to service a delivery point means to be available to visit the delivery point and, if there is a postal article addressed to the delivery point, deliver the article.

8  Accuracy and speed of delivery

(1)  Subject to subsections (2) and (3), this section applies to the delivery of letters (reserved services letters) covered by subsection 29(2) of the Act.

Note: Subsection 29(2) of the Act sets out services that are reserved services of Australia Post.

(2)  This section does not apply to the delivery of the following:

(a) a letter covered by section 30 of the Act;

(b)  a letter originating outside Australia;

(c)  a letter lodged with Australia Post for delivery as bulk mail;

(d)  a letter removed from the normal course of carriage by Australia Post under subsection 90UA(1) or (3) of the Act, unless the letter is returned to the normal course of carriage under subsection 90UB(3) or 90UC(3) of the Act.

Note: Section 30 of the Act sets out exceptions to the reserved services of Australia Post.

(3)  This section does not apply to a letter lodged with Australia Post for delivery to an address that is not normally serviced at the frequency mentioned in paragraph 7(1)(a).

(4)  Australia Post must deliver at least 94% of all reserved services letters lodged with Australia Post at a mail lodgement point in accordance with subsections (5) and (6).

(5)  Australia Post must deliver a reserved services letter to:

(a)  the indicated address; or

(b)  if Australia Post knows that the indicated address is not the appropriate address—the appropriate address.

(6)  Australia Post must deliver a reserved services letter within the delivery time for the letter set out in the item (if any) in the following table that covers:

(a)  the mail lodgement point at which the letter is lodged; and

(b)  the address to which Australia Post must deliver the letter under subsection (5).

Delivery time for reserved services letters
Item	Column 1 If the mail lodgement point is ...	Column 2 and the delivery address is ...	Column 3 then the delivery time for a priority letter on or after 1 July 2021 is ...	Column 4 and the delivery time for any reserved services letter before 1 July 2021, and for a regular letter on or after 1 July 2021, is ...
Part 1—Delivery within a State
1	in the capital city of a State	within that capital city	1 business day after day of posting	5 business days after day of posting
2	in another city, or a town, in a State	within: (a) that city or town; or (b) an adjacent city or town in that State	1 business day after day of posting	5 business days after day of posting
3	in the capital city of a State	in a place within that State other than that capital city	2 business days after day of posting	5 business days after day of posting
4	in another city, or a town, in a State	in a place within that State other than: (a) that city or town; or (b) an adjacent city or town in that State	2 business days after day of posting	5 business days after day of posting
5	in a place in a State other than a place mentioned in column 1 of item 1 or 2 of this table	within that State	2 business days after day of posting	5 business days after day of posting
Part 2—Delivery between States
6	in the capital city of a State	within the capital city of another State	2 business days after day of posting	5 business days after day of posting
7	outside the capital city of a State	within the capital city of another State	3 business days after day of posting	6 business days after day of posting
8	in the capital city of a State	outside the capital city of another State	3 business days after day of posting	6 business days after day of posting
9	outside the capital city of a State	outside the capital city of another State	4 business days after day of posting	7 business days after day of posting

(7)  For the purposes of the table in subsection (6), the day of posting for a reserved services letter lodged with Australia Post at a mail lodgement point is:

(a)  if paragraphs (aa) and (b) do not apply—the day the letter is lodged; or

(aa)  if paragraph (b) does not apply, there are notified clearance days for the mail lodgement point and the letter is lodged:

(i)  on a notified clearance day but after the notified clearance time for that day; or

(ii)  on a day that is not a notified clearance day;

the first notified clearance day after the day the letter is lodged; or

(b)  if the letter is removed from the normal course of carriage by Australia Post under subsection 90UA(1) or (3) of the Act and subsequently returned to the normal course of carriage under subsection 90UB(3) or 90UC(3) of the Act—the day on which the letter is returned to the normal course of carriage by Australia Post.

Note:          Street posting boxes bear a notice setting out the latest time on a day for posting before clearance of the box.

Example:    A street posting box bears a notice stating that the latest time for posting before clearance of the box is 2 pm, Monday to Friday. A letter is posted in the box at 6 pm on Friday. The day of posting is the following Monday, if paragraph (b) does not apply.

(7A)  A notified clearance day is a day for which there is a notified clearance time.

(7B)  A notified clearance time, for a day, is a time notified as the latest time for posting at the mail lodgement point on that day.

Note:          The mail lodgement point may have notified clearance times for every day or for only some days, or it may have no notified clearance times at all.

(8)  A reference in the table in subsection (6) to a State includes a reference to the Australian Capital Territory and the Northern Territory.

Part 3—Accessibility of services

9  Purposes of this Part

For the purposes of section 28C of the Act, this Part prescribes performance standards to be met by Australia Post in respect of the availability and accessibility of:

(a)  post‑boxes and other mail lodgement points; and

(b)  offices of Australia Post from which Australia Post products or services may be purchased.

10  Mail lodgement points—articles other than bulk mail

(1)  Australia Post must maintain the following mail lodgement points in Australia for the lodgement of postal articles other than bulk mail:

(a)  lodgement facilities at each of its retail outlets;

(b)  at least 10,000 street posting boxes.

(2)  A lodgement facility at a retail outlet may be a street posting box.

11  Retail outlets

(1)  Australia Post must maintain, in Australia, at least 4,000 offices (retail outlets) at which persons can purchase Australia Post products and services.

(2)  In places that are in a rural or remote zone (within the meaning of the areas classification) there must be, at any time:

(a)  at least 50% of all retail outlets in operation; and

(b)  no fewer than 2,500 retail outlets.

(3)  A retail outlet must be located so that:

(a)  at least 90% of residences in a metropolitan area (within the meaning of the areas classification) are located within 2.5 kilometres of a retail outlet; and

(b)  at least 85% of residences in the area comprising the non‑metropolitan zones (within the meaning of the areas classification) are located within 7.5 kilometres of a retail outlet.

(4)  To avoid doubt, this section does not require a retail outlet to be capable of retailing all kinds of Australia Post products and services at all times.

Workforce impact of coronavirus known as COVID‑19

(5)  If:

(a)  because of the impact of the coronavirus known as COVID‑19 on the workforce of retail outlets, it is not reasonably practicable for a particular retail outlet to remain in operation; and

(b)  as a result, the retail outlet ceases to be in operation at a time (the closure time) occurring before 1 July 2021;

then, for the purposes of subsections (1) to (3), the retail outlet is taken to remain in operation throughout the period:

(c)  starting at the closure time; and

(d)  ending at the earlier of:

(i)  the time (if any) the retail outlet is reopened; and

(ii)  the end of 30 June 2021.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3—Legislation history

Name	Registration	Commencement	Application, saving and transitional provisions
Australian Postal Corporation (Performance Standards) Regulations 2019	12 Feb 2019 (F2019L00123)	13 Feb 2019 (s 2(1) item 1)
Australian Postal Corporation (Performance Standards) Amendment (2020 Measures No. 1) Regulations 2020	15 May 2020 (F2020L00579)	Sch 2: 1 July 2021 (s 2(1) item 3) Remainder: 16 May 2020 (s 2(1) items 1, 2)	—

Endnote 4—Amendment history

Provision affected	How affected
Part 1
s 2.............................................	rep LA s 48D
s 4.............................................	rep LA s 48C
s 5.............................................	am F2020L00579
Part 2
s 7.............................................	am F2020L00579 (Sch 2 item 1)
s 8.............................................	am F2020L00579 (Sch 2 items 2–5)
Part 3
s 11...........................................	am F2020L00579 (Sch 2 item 6)
Schedule 1................................	rep LA s 48C