Postal and Telecommunications Amendment Act 1983
No. 147 of 1983
An Act to amend the Postal Services Act 1975 and the Telecommunications Act 1975, and for other purposes
[Assented to 22 December 1983]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
PART I—PRELIMINARY
Short title, &c.
1. (1) This Act may be cited as the Postal and Telecommunications Amendment Act 1983.
(2) The Postal Services Act 19751 is in this Act referred to as the Principal Act.
Commencement
2. This Act shall come into operation on the day on which it receives the Royal Assent.
PART II—AMENDMENTS OF POSTAL SERVICES ACT
Interpretation
3. Section 3 of the Principal Act is amended—
(a) by inserting in the definition of “mail” in sub-section (1) “, by courier service or by electronic mail service” after “post”;
(b) by omitting from sub-section (1) the definition of “postal article” and substituting the following definition:
“ ‘postal article’ means an article transmissible by—
(a) the post;
(b) the courier service; or
(c) an electronic mail service;”; and
(c) by omitting from paragraph (2) (c) “through the post”.
Powers of the Commission
4. Section 9 of the Principal Act is amended—
(a) by omitting from paragraph (3) (d) “but not required for the purposes of the Commission”; and
(b) by omitting from paragraph (3) (e) “the use of which is not for the time being required by the Commission”.
5. After section 9 of the Principal Act the following sections are inserted:
Courier Service
“10. (1) The Commission may operate a courier service, being a service that provides for the collection, at the request of a person using the service, of an article, being an article transmissible by courier service, from a place in Australia specified by or on behalf of the person and the conveyance and delivery of the article to another place in Australia that is so specified.
“(2) The courier service may, subject to and in accordance with the By-laws, provide for—
(a) the collection from an office of the Commission of a postal article transmitted by post to the office of the Commission and the conveyance and delivery of the article to a place other than an office of the Commission; and
(b) the collection of a postal article from a place other than an office of the Commission and the conveyance and delivery of the article to an office of the Commission and the lodging of the article (on behalf of the person using the service) for transmission by post to another place.
“(3) In this section, ‘article transmissible by courier service’ means an article transmissible by post and any other article that, under the By-laws, is transmissible by courier service.
Electronic mail
“10a. (1)…
Overview
The Postal and Telecommunications Amendment Act 1983, enacted by the Queen and the Senate and House of Representatives of Australia on 22 December 1983, addresses the evolving needs of postal and telecommunications services by amending the Postal Services Act 1975 and the Telecommunications Act 1975. This legislation introduced significant changes, including the expansion of services provided by the Commonwealth of Australia to include courier services and electronic mail services. The policy objective behind the Act was to modernise and enhance the efficiency of postal and telecommunications services, ensuring they could keep pace with technological advancements and the increasing demands of users. By broadening the scope of services, the Act aimed to provide more flexible and efficient options for the transmission of mail and information, thereby improving service delivery and meeting the needs of a rapidly changing communications landscape.
Scope and Application
The Postal and Telecommunications Amendment Act 1983 applies to the Commonwealth of Australia, and its provisions extend to the Postal Services Act 1975 and the Telecommunications Act 1975. This Act amends the Postal Services Act 1975 to expand the definition of "mail" to include items sent via courier service or electronic mail service. It also grants the Australian Postal Commission the authority to operate courier and electronic mail services, subject to certain conditions and requirements for obtaining consent from relevant authorities for international transmissions. The Act modifies the powers and responsibilities of the Commission, including arrangements for acting on behalf of other entities, and it introduces new provisions related to charges, the tenure of office, and penalties for various offences. The Act also includes provisions for rewards for information leading to the identification of individuals who have stolen property or broken into Commission premises. Certain sections of the Postal Services Act 1975 are repealed, and the Act makes formal amendments to various sections of the Principal Act to update references and terminology. Additionally, the Act amends the Telecommunications Act 1975 concerning the application and validation of by-laws.
Key Provisions
- The Postal and Telecommunications Amendment Act 1983 amends the Postal Services Act 1975 and the Telecommunications Act 1975. Key provisions of this Act include updates to definitions and the introduction of new services. Section 3 amends the definition of "mail" to include courier services and electronic mail services. It also redefines "postal article" to include items that can be transmitted by post, courier service, or electronic mail service. Section 10 introduces provisions for the Australian Postal Commission to operate courier services and electronic mail services, detailing the nature and scope of these services.
- The Act imposes several obligations on the Commission, including the ability to operate courier services and electronic mail services under certain conditions (Section 10). It also allows the Commission to act on behalf of others for certain activities, provided they meet specific criteria (Section 6). The Act mandates the Commission to provide for charges instead of postage and allows for special charges to be levied (Sections 8 and 20). Furthermore, it modifies the conditions under which certain actions, such as the carriage of letters for reward and the retention of postal articles, constitute offences (Sections 11, 13, 14, 15, 16, 17, 18, and 19).
- Breaching the provisions of this Act can lead to various civil and criminal consequences. For instance, carrying letters for reward under certain conditions is an offence (Section 11). Fraudulently removing stamps, retaining or secreting postal articles, improperly obtaining postal articles, wrongful delivery of postal articles, stealing postal articles, tampering with mail, and dealing with explosives or hoax explosives are all criminal offences with specified penalties (Sections 88, 89, 90, 91, 92, 93, 100, and 100a). The maximum penalty for these offences varies depending on the specific provision breached. Additionally, the Act provides for the payment of rewards for information leading to the identification of individuals who steal property or break into Commission premises (Section 105a).
- Area of Law
- Communications Law
- Technology Law
- Instrument
- Amending Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Repeal & Amendment
- Licensing & Registration
- Prohibited Conduct
