Australian Postal Corporation Regulations (Cth)
AUSTRALIAN POSTAL CORPORATION REGULATIONS
- In force under the Australian Postal Corporation Act 1989
- Updated as at 4 July 1994 (HISTREG CHAP 1480 #DATE 04:07:1994)
- In force under the Australian Postal Corporation Act 1989
- Updated as at 4 July 1994 (HISTREG CHAP 1480 #DATE 04:07:1994)
*1* The Australian Postal Corporation Regulations (in force under the Australian Postal Corporation Act 1989 ) as shown in this reprint comprise Statutory Rules 1989 No. 174 amended as indicated in the Tables below.
Year and Date of Date of Application, saving or
number notification in commencement transitional provisions
Gazette
1989 No. 174 30 June 1989 1 July 1989
(see Gazette 1989,
No. S230)
1990 No. 431 21 Dec 1990 1 Jan 1991 -
1992 No. 132 1 June 1992 1 June 1992 -
375 30 Nov 1992 30 Nov 1992 -
1993 No. 238 9 Sept 1993 9 Sept 1993 -
1994 No. 243 4 July 1994 4 July 1994 -
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
Heading to Part 1 ad. 1990 No. 431
Heading to Part 2 ad. 1990 No. 431
Part 3 (rr. 16-19) ad. 1990 No. 431
Rr. 16-19 ad. 1990 No. 431
Part 4 (r. 20) ad. 1992 No. 132
R. 20 ad. 1992 No. 132
rs. 1992 No. 375
am. 1993 No. 238; 1994 No. 243
AUSTRALIAN POSTAL CORPORATION REGULATIONS - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
Regulation
PART 1 - PRELIMINARY
1. Citation
2. Interpretation
PART 2 - OPENING, ETC. OF ARTICLES
3. Restrictions on opening
4. Places at which articles may be examined
5. Examination without opening
6. Undeliverable articles
7. Concessional articles
8. Overseas mail from Australian resident
9. Articles requiring repair
10. Dutiable and contraband articles
11. Articles in relation to which there are other contraventions
of law
12. Forfeiture and disposal of articles
13. Notice of opening
14. Disposal of dangerous, things
15. Disposal of physically offensive postal article
PART 3 - APPLICATION OF STATE AND TERRITORY LAWS
16. Laws discriminating against Australia Post
17. Retrospective operation of laws
18. Laws relating to buildings, structures and facilities
19. Laws relating to occupational health and safety
PART 4 - DISCLOSURE OF FACTS OR DOCUMENTS
20. Disclosure by employees of Australia Post
AUSTRALIAN POSTAL CORPORATION REGULATIONS - PART 1
PART 1 - PRELIMINARY
AUSTRALIAN POSTAL CORPORATION REGULATIONS - REG 1
Citation
1. These Regulations may be cited as the Australian Postal Corporation Regulations.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
AUSTRALIAN POSTAL CORPORATION REGULATIONS - REG 2
Interpretation
2. (1) In these Regulations, unless the contrary intention appears:
"article" means an article carried by post within Australia;
"authorised person" means a person authorised by Australia Post for the purposes of these Regulations;
"concessional article" means an article the carriage of which is governed by special conditions including a condition that it must not be sealed against postal inspection;
"the Act" means the Australian Postal Corporation Act 1989;
"undeliverable article" means an article that, unless it is opened, cannot be delivered to the addressee or the person for whom it is intended or returned to the sender.
(2) In these Regulations a reference to opening or examining is a reference to opening or examining by or in the presence of an employee.
AUSTRALIAN POSTAL CORPORATION REGULATIONS - PART 2
PART 2 - OPENING, ETC. OF ARTICLES
AUSTRALIAN POSTAL CORPORATION REGULATIONS - REG 3
Restrictions on opening
3. (1) An article shall not be opened nor its contents examined otherwise than in accordance with these Regulations.
(2) Subject to subregulation (3), where the contents of an article are examined under a provision of these Regulations, they shall be examined only to the extent necessary for the purposes of that provision.
(3) Where, during the examination of an article under a provision of these Regulations, any contents of that article are found to be contents that, if the article has been opened for examination under another provision, could have been dealt with under that other provision, that article is to be taken, for the purposes of applying that other provision to those contents, to have been opened, and its contents examined, under that other provision.
AUSTRALIAN POSTAL CORPORATION REGULATIONS - REG 4
Places at which articles may be examined
4. (1) Subject to subregulation (2), an article must not be opened under these Regulations except at a place appointed by Australia Post for that purpose.
(2) An article may be opened or dealt with under regulation 5, 7, 9, 14 or 15 at any place at which the article is held.
AUSTRALIAN POSTAL CORPORATION REGULATIONS - REG 5
Examination without opening
5. An employee may examine the contents of an article by any means, including x-ray, metal detector or odour detector, that does not entail unfastening, or physically interfering with, the cover of the article where that examination is made for the purposes of his or her duties as an employee.
AUSTRALIAN POSTAL CORPORATION REGULATIONS - REG 6
Undeliverable articles
6. (1) An undeliverable article may be opened, and its contents examined, by an authorised person in the presence of another authorised person with a view to obtaining sufficient information to deliver it.
(2) Subject to these Regulations, where the contents of an article have been examined under subregulation (1), the authorised person who examined the article must:
(a) if sufficient information for its delivery is found - close up the article and return it to the normal course of carriage; or
(b) if sufficient information for its delivery is not found - deal with it as Australia Post determines.
(3) For the purposes of obtaining sufficient information to deliver an undeliverable article, an authorised person may make inquiries of any party to a negotiable instrument found in that article.
AUSTRALIAN POSTAL CORPORATION REGULATIONS - REG 7
Concessional articles
7. (1) An employee whose duties include supervision of compliance by articles with the terms and conditions governing their carriage may open a concessional article, in the presence of another employee or the person who lodged the article for carriage, and examine its contents to ascertain whether it complies with those conditions.
(2) Subject to these Regulations, where the contents of an article have been examined under subregulation (1), the employee examining the article must:
(a) if it is found to comply with the terms and conditions of carriage - close up the article and return it to the normal course of carriage; or
(b) if it is found not to comply with those terms and conditions - either return it to the sender or deliver it to the addressee, as Australia Post decides.
AUSTRALIAN POSTAL CORPORATION REGULATIONS - REG 8
Overseas mail from Australian resident
8. (1) Where there are reasonable grounds for believing that an article received from a country or place outside Australia was posted by or on behalf of a person who is a resident of Australia with a view to benefiting from rates of postage applicable to that country or place that are lower than the rates of postage determined by Australia Post under section 32 of the Act, the postal article may be opened and examined by an authorised person in the presence of another authorised person to ascertain whether the article was so posted.
(2) Subject to these Regulations, where the contents of an article have been examined under subregulation (1), the authorised person who examined the article must:
(a) if it is found not to be an article posted as described in subregulation (1) - close it up and return it to the normal course of carriage; or
(b) if it is found to be an article posted as described in subregulation (1) - either return it to the sender or deliver it to the addressee, as Australia Post decides.
AUSTRALIAN POSTAL CORPORATION REGULATIONS - REG 9
Articles requiring repair
9. An article may be opened by an authorised person in the presence of another authorised person for the purpose of repairing it.
AUSTRALIAN POSTAL CORPORATION REGULATIONS - REG 10
Dutiable and contraband articles
10. (1) Where an article is in the course of carriage by post between Australia and a place outside Australia and an officer of Customs has made a request for the opening of that article or:
(a) there are reasonable grounds for believing; or
(b) the cover of the article bears a statement indicating;
that the article consists of, or contains, anything:
(c) on which duties of customs are payable; or
(d) that is being carried in contravention of a law of the Commonwealth relating to the prohibition of importation into, or exportation from, Australia of that thing;
an authorised person may:
(e) if the article is:
(i) a letter sent by a person in Australia whose name and address
are shown on the outside of the letter; or
(ii) a letter addressed to a person in Australia;
require that person, or his or her representative, to open the letter in the presence of an authorised person and an officer of Customs and to permit the officer of Customs to examine the contents of the article to ascertain whether it consists of, or contains, anything described in paragraph (c) or (d); or
(f) if the article is:
(i) an article other than a letter; or
(ii) a letter sent by a person in Australia whose name or address is
not shown on the outside of the letter; or
(iii) a letter in respect of which a requirement made under
paragraph (e) has not been complied with within a reasonable time;
open the article in the presence of an officer of Customs and permit the officer of Customs to examine the contents of the article to ascertain whether it consists of, or contains, anything described in paragraph (c) or (d).
(2) Subject to these Regulations, where the contents of an article have been examined under subregulation (1), an authorised person must:
(a) where the duties of customs (if any) assessed on the contents have been paid within the time in which their payment was required and the article is found not to consist of, or contain, anything described in paragraph (1) (d) - close up the article and return it to the normal course of carriage;
(b) where the article was received from outside Australia, duties of customs assessed on its contents have not been paid within the time in which their payment was required and the article is found not to consist of, or contain, anything described in paragraph (1) (d):
(i) if the article is a postal parcel endorsed with sender's
instructions for abandonment in the event of non-delivery - deliver any contents of the article on which duties are payable to the Commonwealth to be dealt with under the laws of the Commonwealth relating to the disposition of goods on which duties have not been paid and deal with the remainder of the article in accordance with regulation 12; and
(ii) in any other case - close up the article and return it to its
sender; or
(c) where the article:
(i) was sent by a person in Australia, has had duties of customs
assessed on it or any of its contents and those duties have not been paid within the time in which their payment was required; or
(ii) is found to consist of, or contain, anything described in
paragraph (1) (d);
deliver the article or those contents, as the case may be, to the Commonwealth to be dealt with under the laws of the Commonwealth relating to the disposition of goods on which duties have not been paid or which have been found to contravene a law referred to in paragraph (1) (d) and deal with the remainder of the contents, if any, in accordance with regulation 12.
AUSTRALIAN POSTAL CORPORATION REGULATIONS - REG 11
Articles in relation to which there are other contraventions of law
11. (1) Where regulation 10 does not apply and there are reasonable grounds for believing that an article:
(a) was lodged for carriage by post; or
(b) consists of, or contains, anything;
in contravention of an Act or a regulation or by-law made under an Act, the article may be opened by an authorised person in the presence of another authorised person and the contents of the article may be examined by those persons to ascertain whether the article was so lodged, or consists of, or contains, anything in contravention of an Act or a regulation or by-law made under an Act.
(2) Where an article examined under subregulation (1) is found:
(a) not to have been lodged for carriage by post in contravention of an Act or a regulation or by-law made under an Act; or
(b) not to consist of, or contain, anything in contravention of an Act or a regulation or by-law made under an Act;
an authorised person must close up the article and return it to the normal course of carriage.
(3) Where, in the course of an examination under subregulation (1), an article is found:
(a) to have been lodged for carriage by post; or
(b) to consist of or contain anything;
in contravention of an Act or a regulation or by-law made under an Act, an authorised person must:
(c) where the article or any part of its contents is not liable to forfeiture to the Commonwealth, deliver it to the addressee or the person for whom it is intended or, if that is not possible, return it to the sender; or
(d) where the article or any part of its contents is liable to forfeiture under paragraph 12 (1) (a), deal with the article or that part of its contents in accordance with subregulations (4) and (5).
(4) An authorised person must deal with an article, or any part of its contents, liable to forfeiture by giving written notice personally or by prepaid post to the addressee or the person for whom it is intended or, if the whereabouts of either of those persons are not known, to the sender, stating:
(a) that the article specified in the notice has been opened by an authorised person under subregulation (1); and
(b) that the article, or those contents specified in the notice, is or are liable to forfeiture under paragraph 12 (1) (a); and
(c) that unless the person on whom the notice has been served informs Australia Post in writing within 30 days after the service of the notice that he or she requires the article, or the contents, liable to forfeiture to be taken before a court of summary jurisdiction, that article or those contents will be forfeited to the Commonwealth.
(5) A notice given under subregulation (4) must give full details of the contravention to which the notice relates.
(6) Where a notice has been given to a person under subregulation (4) and that person informs Australia Post in writing, personally or by prepaid post, within 30 days after the notice has been given, that he or she requires the article, or that part of the contents of an article, referred to in the notice to be taken before a court of summary jurisdiction, Australia Post must arrange for that to be done.
(7) Where a notice has been given to a person under subregulation (4) and that person does not inform Australia Post in writing in accordance with subregulation (7) that he or she requires the article, or that part of the contents of an article, referred to in the notice to be taken before a court of summary jurisdiction, that article or those contents shall be dealt with in accordance with paragraph 12 (1) (a).
(8) Where an article, or a part of its contents, is taken before a court under subregulation (6), the court must inquire into the matter and must:
(a) if satisfied that a contravention referred to in subregulation (1) has occurred - order that the article, or that part of the contents of an article, referred to in the notice be forfeited to the Commonwealth; or
(b) order that the article, or that part of the contents of an article, referred to in the notice be returned to the normal course of carriage;
and Australia Post must cause that order to be put into effect.
(9) For the purposes of inquiring into a matter under subregulation (8), a court may:
(a) require notice of the inquiry to be given to the sender of the article, its addressee or the person for whom it is intended; or
(b) accept affidavit evidence; or
(c) require the deponent of any affidavit submitted as evidence to attend before the court for cross-examination on that evidence.
AUSTRALIAN POSTAL CORPORATION REGULATIONS - REG 12
Forfeiture and disposal of articles
12. (1) Subject to subregulations (2) and (3) and regulations 14 and 15, where an article is, or contents of an article are, to be dealt with in accordance with a provision of this subregulation:
(a) where the carriage of that article or those contents is prohibited by or under this Act or any other Act, that article is or those contents are forfeited to the Commonwealth; and
(b) any Australian coins or banknotes contained in any article or contents forfeited to the Commonwealth under paragraph (a) must be paid into the Consolidated Revenue Fund; and
(c) anything, other than Australian coins or banknotes, that is forfeited to the Commonwealth under paragraph (a) must be sold, converted into money or otherwise disposed of as Australia Post directs and the proceeds of any sale or conversion paid into the Consolidated Revenue Fund after the expenses incurred by Australia Post in the sale of conversion have been deducted by Australia Post.
(2) Where an article or any contents of an article is or are to be dealt with in accordance with this regulation and the article or contents may constitute evidence of the commission of an offence against a law of the Commonwealth, the article or contents may be retained in such custody as Australia Post directs for the purpose of instituting proceedings in respect of that offence.
(3) Where legal proceedings have been instituted in relation to an article or contents of an article, the article or contents may be retained in such custody as Australia Post directs until those proceedings have been concluded.
AUSTRALIAN POSTAL CORPORATION REGULATIONS - REG 13
Notice of opening
13. Where:
(a) an article has been opened under these Regulations otherwise than:
(i) by a person acting in accordance with a requirement made under
paragraph 10 (1) (e); or
(ii) as a concessional article opened under regulation 7; and
(b) the article is to be returned to the normal course of carriage;
Australia Post must, before the article is so returned, endorse on its cover, or on a label affixed to it, a notification that the article has been opened by Australia Post, together with a brief statement that indicates, by reference to a provision of these Regulations or otherwise, the purpose for which the article was so opened.
AUSTRALIAN POSTAL CORPORATION REGULATIONS - REG 14
Disposal of dangerous, things
14. An article that contains, or may contain, anything that is or could be explosive, dangerous or deleterious may be dealt with as Australia Post directs.
AUSTRALIAN POSTAL CORPORATION REGULATIONS - REG 15
Disposal of physically offensive postal article
15. An article that is, or has become, physically offensive may be destroyed forthwith by an authorised person.
AUSTRALIAN POSTAL CORPORATION REGULATIONS - PART 3
PART 3 - APPLICATION OF STATE AND TERRITORY LAWS
AUSTRALIAN POSTAL CORPORATION REGULATIONS - REG 16
Laws discriminating against Australia Post
16. Subsection 91 (1) applies to a law of a State or Territory that, apart from this regulation:
(a) would apply to Australia Post; and
(b) would so apply as to discriminate against Australian Post.
AUSTRALIAN POSTAL CORPORATION REGULATIONS - REG 17
Retrospective operation of laws
17. A law of a State or Territory that, by virtue of the operation of section 91 of the Act, applies to Australia Post, does not, in so far as it applies to Australia Post, have any retrospective operation from a time earlier than the commencement of this regulation.
AUSTRALIAN POSTAL CORPORATION REGULATIONS - REG 18
Laws relating to buildings, structures and facilities
18. A law of a State or Territory that relates to:
(a) the standards applicable to:
(i) the design; or
(ii) the manner of the construction;
of a building, structure or facility; or
(b) the approval of the construction of a building, structure or facility; or
(c) the occupancy, or use, of a building, structure or facility; or
(d) the alteration or demolition of a building, structure or facility;
does not apply to a building, structure or facility that is the property of Australia Post if:
(e) the building, structure or facility was occupied or in use; or
(f) the construction, alteration or demolition of the building, structure or facility had commenced;
before 1 January 1991.
AUSTRALIAN POSTAL CORPORATION REGULATIONS - REG 19
Laws relating to occupational health and safety
19. A law of a State or Territory that relates to:
(a) the occupational health, safety and welfare at work of employees or contractors; or
(b) the protection of persons at or near workplaces from risks to health and safety arising out of the activities of those employees or contractors at work; or
(c) ensuring that expert advice is available on occupational health and safety matters affecting employers, employees and contractors; or
(d) promoting an occupational environment for those employees at work that is adapted to their needs relating to health and safety; or
(e) fostering a co-operative consultative relationship between employers and employees on the health, safety and welfare of those employees at work;
does not apply to Australia Post.
AUSTRALIAN POSTAL CORPORATION REGULATIONS - PART 4
PART 4 - DISCLOSURE OF FACTS OR DOCUMENTS
AUSTRALIAN POSTAL CORPORATION REGULATIONS - REG 20
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 June 1994 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 at the end of 31 December 1994.
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