Australian Postal Corporation Regulations (Amendment) (Cth)

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Statutory Rules 1992

No. 375 1

__________________

Australian Postal Corporation Regulations 2(Amendment)

I, The 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 23 November 1992.

 BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

R. McMULLAN

Parliamentary Secretary to the Treasurer

for and on behalf of the

Minister of State for Land Transport

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1.   Amendment

1.1   The Australian Postal Corporation Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s.48.]

2.   Regulation 20 (Disclosure by employees of Australia Post)

2.1   Omit the regulation, substitute:

Disclosure by employees of Australia Post

“20.

(1)  For the purposes of paragraph 92 (2) (d) of the Act, a disclosure of a fact or document that relates to a matter referred to in subparagraph 92 (1) (a) (ii) or (iii) of the Act is made in prescribed circumstances if the disclosure:

  • (a)

    is made:

    • (i)

      to an officer or employee of the Australian Security Intelligence Organization authorised in writing by the Director-General of Security to receive the disclosure in connection with the performance of the Organization’s functions ; or

    • (ii)

      because it is reasonably necessary for the enforcement of the criminal law of the Commonwealth or of a State or Territory; or

    • (iii)

      because it is reasonably necessary for the enforcement of a law of the Commonwealth imposing a pecuniary penalty; or

    • (iv)

      because it is reasonably necessary for the protection of the public revenue; and

  • (b)

    is made subject to the condition that the recipient must not use or disclose the information:

    • (i)

      for a purpose other than the purpose for which the information is given to the recipient; or

    • (ii)

      if the recipient is an officer or employee of the Australian Security Intelligence Organization referred to in subparagraph (a) (i)—for a purpose other than in connection with the performance of the Organization’s functions; and

  • (c)

    except in the case of a disclosure to a person referred to in subparagraph (a) (i)—is recorded by Australia Post.

“(2)

For the purposes of paragraph 92 (2) (d) of the Act, a disclosure of the name and address of a person is made in prescribed circumstances if the disclosure:

  • (a)

    is made on or before 30 September 1993 with the person’s consent given in writing on a form obtained from an office of Australia Post in Queensland; and

  • (b)

    is made subject to the condition that the recipient must not use or disclose the information for a purpose other than the purpose for which the information is given to the recipient; and

  • (c)

    is recorded by Australia Post.

“(3)

For the purposes of paragraph 92 (2) (d) of the Act, a disclosure of a fact or document that relates to a matter referred to in subparagraph 92 (1) (a) (i) of the Act is made in prescribed circumstances if the disclosure:

  • (a)

    is made:

    • (i)

      under a search warrant issued under a law in force in the Commonwealth, or in a State or Territory; or

    • (ii)

      in response to an order, requiring production of the disclosed fact or document, issued by or for the Crimes Commission or the Independent Commission Against Corruption of the State of New South Wales or the Criminal Justice Commission of the State of Queensland; and

  • (b)

    is made subject to the condition that the recipient must not use or disclose the information for a purpose other than the purpose for which the information is given to the recipient; and

  • (c)

    is recorded by Australia Post.

“(4)

Subregulations (1), (2) and (3) cease to have effect 12 months after they commence.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 November 1992.

2. Statutory Rules 1989 No. 174 amended by 1990 No. 431; 1992 No. 132 .

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