| C2004C06069 | POSTAL SERVICES ACT 1975 [Note: This Act is "repealed" by Act No. 63 of 1989]
(#DATE 31:10:1987)
- Reprinted as at 31 October 1987 *1* The Postal Services Act 1975 as shown in this reprint comprises Act No. 54, 1975 amended as indicated in the Tables below. Table of Acts -------------------------------------------------------------------------------- Application, saving Number Date Date of or transitional Act and year of Assent commencement provisions -------------------------------------------------------------------------------- Postal Services Act 1975 54, 1975 12 June 1975 Ss. 1-5, 24-40, 78 and 101: Royal Assent Remainder: 1 July 1975 (see Gazette 1975, No. S122, p. 1) Administrative Changes (Consequential Provisions) Act 1978 36, 1978 12 June 1978 12 June 1978 S. 8 Public Service Amendment Act 1978 170, 1978 28 Nov 1978 Ss. 1, 2, 5, 7-11, 14, 15, 18, 25 and 38: Royal Assent Remainder: 15 Mar 1981 (see Gazette 1981, No. S43, p. 1) S. 39 (3) Postal Services Amendment Act 1979 7, 1979 5 Mar 1979 3 Sept 1979 (see Gazette 1979, No. S174, p. 1) - Public Service and Statutory Authorities Amendment Act 1980 177, 1980 17 Dec 1980 Part VII (ss. 59-61): Royal Assent (a) - Statute Law Revision Act 1981 61, 1981 12 June 1981 S. 115: Royal Assent (b) - Commonwealth Functions (Statutes Review) Act 1981 74, 1981 18 June 1981 Part III (ss. 107-113): (c) Ss. 113 and 264 Statute Law (Miscellaneous Amendments) Act (No. 2) 1982 80, 1982 22 Sept 1982 Part LVII (ss. 221 and 222): 14 Feb 1983 (see Gazette 1983, No. S29, p. 1) (d) - Statute Law (Miscellaneous Provisions) Act (No. 1) 1983 39, 1983 20 June 1983 S. 3: 18 July 1983 (e) S. 7 (1) Public Service and Statutory Authorities Amendment Act 1983 92, 1983 22 Nov 1983 22 Nov 1983 - Conciliation and Arbitration Amendment Act (No. 2) 1983 115, 1983 16 Dec 1983 S. 41: 1 June 1984 (see Gazette 1984, No. S201, p. 1) (f) - Postal and Telecommunications Amendment Act 1983 147, 1983 22 Dec 1983 22 Dec 1983 - as amended by Statute Law (Miscellaneous Provisions) Act (No. 1) 1984 72, 1984 25 June 1984 S. 3: (g) S. 2 (24) Satellite Communications (Consequential Amendments) Act 1984 18, 1984 26 Apr 1984 26 Apr 1984: (see s. 2) - Statute Law (Miscellaneous Provisions) Act (No. 1) 1984 72, 1984 25 June 1984 S. 3: 23 July 1984 (h) S. 5 (1) Statute Law (Miscellaneous Provisions) Act (No. 2) 1984 165, 1984 25 Oct 1984 S. 3: 22 Nov 1984 (j) - Statute Law (Miscellaneous Provisions) Act (No. 1) 1985 65, 1985 5 June 1985 S. 3: 3 July 1985 (k) - Communications Legislation Amendment Act 1985 119, 1985 21 Oct 1985 21 Oct 1985 - Statute Law (Miscellaneous Provisions) Act (No. 2) 1985 193, 1985 16 Dec 1985 S. 3: Royal Assent (l) S. 16 Statute Law (Miscellaneous Provisions) Act (No. 1) 1986 76, 1986 24 June 1986 S. 3: Royal Assent (m) Ss. 7 and 9 Statute Law (Miscellaneous Provisions) Act (No. 2) 1986 168, 1986 18 Dec 1986 S. 3: Royal Assent (n) S. 5 (1) Communications Legislation Amendment Act 1987 69, 1987 5 June 1987 S. 8 and Part V (ss. 21 and 22): 24 June 1986 Remainder: 3 July 1987 - -------------------------------------------------------------------------------- (a) The Postal Services Act 1975 was amended by Part VII (sections 59-61) only of the Public Service and Statutory Authorities Amendment Act 1980, sub-section 2 (1) of which provides as follows: "(1) Sections 1, 2, 3 and 4, sub-sections 5 (2) and 7 (2), (5), (6) and (7), sections 8, 9, 10, 11, 12, 13, 16, 17, 18 and 19, sub-sections 21 (1) and 37 (5), sections 38, 43 and 44, sub-sections 45 (10) and sections 46 to 66 (inclusive) shall come into operation on the day on which this Act receives the Royal Assent." (b) The Postal Services Act 1975 was amended by section 115 only of the Statute Law Revision Act 1981, sub-section 2 (1) of which provides as follows: "(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent." (c) The Postal Services Act 1975 was amended by Part III (sections 107-113) only of the Commonwealth Functions (Statutes Review) Act 1981, sub-section 2 (2) of which provides as follows: "(2) Part III shall come into operation on 1 July 1981." (d) The Postal Services Act 1975 was amended by Part LVII (sections 221 and 222) only of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982, sub-section 2 (12) of which provides as follows: "(12) Section 196 and Parts LVII and LXXIII shall come into operation on the date of commencement of the Petroleum (Submerged Lands) Amendment Act 1980, or the day on which this Act receives the Royal Assent, whichever is the later." (e) The Postal Services Act 1975 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1983, sub-section 2 (1) of which provides as follows: "(1) Subject to this section, this Act shall come into operation on the twenty-eighth day after the day on which it receives the Royal Assent." (f) The Postal Services Act 1975 was amended by section 41 only of the Conciliation and Arbitration Amendment Act (No. 2) 1983, sub-section 2 (2) of which provides as follows: "(2) Sections 3, 6, 7, 8, 9, 10, 12, 14 and 16, sub-section 22 (3) and sections 27, 39, 40, 41 and 43 shall come into operation on a date, or respective dates, to be fixed by Proclamation." (g) The Postal and Telecommunications Act 1983 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1984, sub-section 2 (17) of which provides as follows: "(17) The amendment of the Postal and Telecommunications Amendment Act 1983 made by this Act shall be deemed to have come into operation on 22 December 1983." (h) The Postal Services Act 1975 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1984, sub-section 2 (1) of which provides as follows: "(1) Subject to this section, this Act shall come into operation on the twenty-eighth day after the day on which it receives the Royal Assent." (j) The Postal Services Act 1975 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984, sub-section 2 (1) of which provides as follows: "(1) Subject to this section, this Act shall come into operation on the twenty-eighth day after the day on which it receives the Royal Assent." (k) The Postal Services Act 1975 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, sub-section 2 (1) of which provides as follows: "(1) Subject to this section, this Act shall come into operation on the twenty-eighth day after the day on which it receives the Royal Assent." (l) The Postal Services Act 1975 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1985, sub-section 2 (1) of which provides as follows: "(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent." (m) The Postal Services Act 1975 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1986, sub-section 2 (1) of which provides as follows: "(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent." (n) The Postal Services Act 1975 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1986, sub-section 2 (1) of which provides as follows: "(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent." Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted -------------------------------------------------------------------------------- Provision affected How affected -------------------------------------------------------------------------------- S. 3 ................ am. No. 7, 1979; No. 74, 1981; No. 147, 1983; No. 76, 1986 S. 3A ............... ad. No. 80, 1982 S. 9 ................ am. No. 147, 1983; No. 18, 1984 S. 10 ............... rep. No. 74, 1981 ad. No. 147, 1983 S. 10A .............. ad. No. 147, 1983 S. 10B .............. ad. No. 76, 1986 S. 12 ............... am. No. 147, 1983 S. 13 ............... am. No. 193, 1985 S. 15 ............... am. No. 147, 1983 S. 19 ............... am. No. 36, 1978; No. 147, 1983 S. 20 ............... am. No. 147, 1983 S. 24 ............... am. No. 147, 1983 S. 27 ............... am. No. 147, 1983 S. 31 ............... am. No. 119, 1983 S. 32 ............... am. No. 39, 1983 S. 34 ............... am. No. 147, 1983 S. 37 ............... am. No. 76, 1986 S. 38 ............... am. No. 147, 1983 S. 39 ............... am. No. 39, 1983 S. 43 ............... am. No. 165, 1984 Ss. 44-46 ........... am. No. 147, 1983 S. 46A .............. ad. No. 177, 1980 am. No. 61, 1981 rep. No. 92, 1983 S. 46B .............. ad. No. 177, 1980 rep. No. 92, 1983 S. 50 ............... am. No. 147, 1983 S. 55 ............... am. No. 147, 1983; No. 76, 1986 S. 57 ............... am. No. 147, 1983 S. 63 ............... am. No. 193, 1985 S. 69 ............... am. No. 147, 1983 S. 70 ............... am. No. 177, 1980; No. 92, 1983; No. 147, 1983 (as am. by No. 72, 1984) Ss. 71, 72 .......... am. No. 147, 1983 S. 73 ............... rep. No. 115, 1983 S. 74 ............... am. No. 36, 1978; No. 147, 1983 S. 75 ............... am. No. 36, 1978; No. 147, 1983; No. 72, 1984 rs. No. 76, 1986 Ss. 75A-75E ......... ad. No. 76, 1986 S. 76 ............... am. No. 36, 1978 S. 78 ............... am. No. 147, 1983 S. 82 ............... rs. No. 119, 1985 S. 82A .............. ad. No. 69, 1987 S. 83 ............... am. No. 147, 1983; No. 72, 1984 S. 85 ............... am. No. 147, 1983 Ss. 88-93 ........... am. No. 147, 1983 S. 100 .............. am. No. 147, 1983 S. 100A ............. ad. No. 39, 1983 am. No. 147, 1983 S. 100B ............. ad. No. 168, 1986 S. 101 .............. rep. No. 147, 1983 S. 101A ............. ad. No. 170, 1978 rep. No. 147, 1983 S. 102 .............. am. No. 36, 1978 S. 104 .............. am. No. 74, 1981; No. 147, 1983 S. 104A ............. ad. No. 193, 1985 S. 105A ............. ad. No. 147, 1983 S. 106 .............. am. No. 147, 1983 S. 107 .............. am. No. 36, 1978 S. 109 .............. am. No. 165, 1984; No. 193, 1985 S. 110 .............. am. No. 147, 1983 S. 115 .............. am. No. 74, 1981; No. 147, 1983; No. 65, 1985 S. 116 .............. am. No. 170, 1978; No. 74, 1981; No. 147, 1983 -------------------------------------------------------------------------------- POSTAL SERVICES ACT 1975 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
PART I-PRELIMINARY
Section
1. Short title
2. Commencement
3. Interpretation
3A. Extension of Act to adjacent areas
4. Extension of Act to Territories
PART II-ESTABLISHMENT, FUNCTIONS AND POWERS OF THE AUSTRALIAN POSTAL
COMMISSION
5. Establishment of Commission
6. Functions of Commission
7. Duties of Commission
8. Minister may give directions to the Commission
9. Powers of the Commission
10. Courier Service
10A. Electronic mail
10B. Companies involved in postal and relevant services
11. Erection of postal boxes
12. Commission may act as agent, &c.
PART III-POSTAL SERVICES
Division 1-Postage
13. Issue and sale of postage stamps
14. Payment of postage
15. When postage need not be pre-paid
16. Postal articles on which postage insufficiently pre-paid
17. Postage stamps to be valuable securities
Division 2-Postal Charges
18. Charges for postage and other charges
19. Reimbursement
20. Special charges
Division 3-Carriage of Mail
21. Carriage of mail by rail
22. Vessels may be required to carry mail
23. Detention of vessel required to carry mail
PART IV-CONSTITUTION AND MEETINGS OF THE COMMISSION
24. Constitution of Commission
25. Composition of Commission
26. Period of appointment
27. Remuneration and allowances
28. Chairman and Deputy Chairman of Commission
29. Leave of absence
30. Resignation of Commissioner
31. Termination of appointments
32. Acting Commissioners
33. Acting Chairman and Deputy Chairman
34. Meetings of the Commission
35. Duties of the Managing Director
36. Delegation
PART V-THE STAFF OF THE COMMISSION
Division 1-The Chief General Manager
37. Chief General Manager
38. Remuneration of Chief General Manager
39. Acting Chief General Manager
40. Duties of Chief General Manager
Division 2-Establishment of the Australian Postal Commission
Service
41. Establishment of Australian Postal Commission Service
Division 3-Officers and Employees
42. Officers
43. Appointments to be on probation
44. Re-appointment of persons who have resigned from the Service to
become
candidates at elections
45. Employees
46. Terms and conditions of employment
Division 4-Classifications, Appointments and Promotions
47. Creation and abolition of positions
48. Re-classification
49. Filling of vacant positions
50. Selection of officers for promotion
51. Qualification for particular positions
52. Transfers and promotions to certain positions
53. Promotion of officers who complete courses of training for special
positions
54. Appeals against promotions
55. Chairman of Promotions Appeal Boards
56. Promotions Appeal Boards
Division 5-Tenure of Office
57. Tenure of office
58. Excess officers
59. Retirement, &c., on ground of inefficiency, incapacity, &c.
Division 6-Dismissals and Punishments
60. Interpretation
61. Disciplinary action
62. Suspension of officers
63. Removal and variation of suspension
64. Convictions by courts
65. Appeals
66. Disciplinary Appeal Boards
67. Review of findings
Division 7-Forfeiture of Office
68. Forfeiture of office
Division 8-Powers and Functions of the Commonwealth Conciliation
and
Arbitration Commission in respect of the Service
69. Interpretation
70. Settlement of industrial disputes and determination of industrial
matters in respect of the Service
71. Application of provisions of Conciliation and Arbitration Act
72. Awards deemed to be made under Conciliation and Arbitration Act
PART VI-FINANCE
74. Capital
75. Borrowing from Commonwealth
75A. Borrowings otherwise than from Commonwealth
75B. Guarantee of borrowings by Commission
75C. Commission may give security
75D. Borrowings not otherwise permitted
75E. Delegation by Treasurer
76. Financial policy of the Commission
77. Bank accounts
78. Application of moneys
79. Surplus revenue
80. Proper accounts to be kept
81. Estimates
82. Contracts
82A. Hedging contracts etc.
83. Exemption from taxation
84. Audit
PART VII-OFFENCES
85. Letters not to be carried for reward
86. Forgery of stamps, &c.
87. Special paper for postage stamps
88. Fraudulently removing stamps
89. Retaining or secreting postal articles
90. Improperly obtaining postal articles
91. Wrongful delivery of postal articles
92. Stealing postal articles
93. Tampering with the mail
94. Obstructing conveyance of mail
95. Obstructing officers
96. Injury to property of Commission
97. Offensive substances in postal boxes
98. Arrest without warrant
99. Delivery of mail from vessels and aircraft
100. Explosives
100A. Hoax explosives
100B. Narcotic substances
PART VIII-MISCELLANEOUS
102. Annual report
103. Further reports
104. Protection from actions
104A. Protection of persons in respect of work reports on officers or
employees
105. Offences-how dealt with
105A. Reward for information as to theft of property, &c.
106. Reward for information as to damage to property
107. Unclaimed moneys
108. Postal articles deemed to be property of the Commission
109. Attachment of salaries
110. Contributions towards the provision of special services or facility
111. Payment of tolls, &c.
112. Grants of financial assistance
113. Consultative Council
114. Remission of charges
115. By-laws
116. Regulations
POSTAL SERVICES ACT 1975 - LONG TITLE
SECT
An Act relating to the Provision of Postal Services within Australia and
between
Australia and Places outside Australia
POSTAL SERVICES ACT 1975 - PART I
PART I-PRELIMINARY
POSTAL SERVICES ACT 1975 - SECT 1
Short title
SECT
1. This Act may be cited as the Postal Services Act 1975.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
POSTAL SERVICES ACT 1975 - SECT 2
Commencement
SECT
2.*1* (1) Part I, section 5, Part IV, Division 1 of Part V and sections 78
and 101 of this Act shall come into operation on the day on which this Act
receives the Royal Assent.
(2) The remaining provisions of this Act shall come into operation on a date
to be fixed by Proclamation.
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
POSTAL SERVICES ACT 1975 - SECT 3
Interpretation
SECT
3. (1) In this Act, unless the contrary intention appears-
"appoint" includes re-appoint;
"approved bank" means a bank appoved by the Treasurer for the purposes of
the provision in which the expression occurs;
"article" includes a substance or thing;
"Australia", when used in a geographical sense, includes the prescribed
external Territories;
"authorized person" means a person authorized by the Commission for the
purpose of the provision in which the expression occurs;
"Chairman" means the Chairman of the Commission;
"Chief General Manager" means the Chief General Manager of the Commission;
"commencing date" means the date fixed by Proclamation under sub-section 2
(2);
"Commission" means the Australian Postal Commission established by this
Act;
"Commissioner" means the Managing Director or another Commissioner holding
office under section 25;
"convention" means a convention to which Australia is a party or an
agreement or arrangement between Australia and another country or other
countries;
"Deputy Chairman" means the Deputy Chairman of the Commission;
"employee" means a person engaged by the Commission as a temporary employee
under section 45;
"mail" includes a package, receptacle or covering in which postal articles
in course of transmission by post, by courier service or by electronic mail
service are conveyed, whether the package, receptacle or covering does or does
not contain any postal articles;
"Managing Director" means the Managing Director of the Commission;
"officer" means a person who is appointed to the Service under section 42 or
deemed to have been appointed to the Service under Part IV of the Transitional
Provisions Act;
"organization" means an organization registered under the Conciliation and
Arbitration Act 1904;
"part-time Commissioner" means a Commissioner other than the Managing
Director;
"postage", in relation to the transmission of a postal article, means the
amount payable for transmission of the postal article by post, including any
special charge or additional fee payable for a special service required in
connexion with the transmission of the article;
"postal article" means an article transmissible by-
(a) the post;
(b) the courier service; or
(c) an electronic mail service;
"prescribed external Territory" means an external Territory other than
Norfolk Island, the Territory of Christmas Island or the Territory of Cocos
(Keeling) Islands;
"registered publication" means a copy of a number of a publication
registered for transmission by post in accordance with the By-laws;
"Service" means the Australian Postal Commission Service established by
section 41;
"Transitional Provisions Act" means the Postal and Telecommunications
Commissions (Transitional Provisions) Act 1975.
(2) In this Act, unless the contrary intention appears-
(a) a reference to an office of the Commission is a reference to an office
at which postal articles may be posted or from which postal articles
transmitted through the post may be delivered to an addressee;
(b) a reference to a receptacle or box for the reception of postal articles
erected by the Commission includes a reference to a receptacle or box for the
reception of postal articles vested in the Commission under section 29 of the
Transitional Provisions Act;
(c) a reference to the transmission of moneys is a reference to the service
provided by the Commission for the purpose of enabling persons to pay money to
the Commission for payment to another person;
(d) a reference to the transmission of a postal article by ordinary post is
a reference to the transmission of the article in such manner as will not
involve the provision, in relation to the transmission of the article, of a
service for which a special charge or additional fee is payable under the
provisions of this Act; and
(e) a reference to the original position-
(i) of a person who has been dismissed under section 61, 64 or 65 or
is
to be deemed, under section 68, to have resigned; or
(ii) of an officer who has been transferred to another position under
section 61, 64 or 65,
is a reference to the position held by that person or officer immediately
before the dismissal, resignation or transfer, as the case may be, or, if the
person or officer was then performing the duties of another position to which
he had been temporarily transferred under section 62, to the position held by
him immediately before that temporary transfer.
POSTAL SERVICES ACT 1975 - SECT 3A
Extension of Act to adjacent areas
SECT
3A. (1) Subject to sub-section (2), the provisions of this Act apply in
relation to the adjacent areas in respect of the States and Territories as if
references in this Act to Australia, when used in a geographical sense,
included references to the adjacent areas in respect of the States and
Territories.
(2) The application of the provisions of this Act in relation to the
adjacent areas in respect of the States and Territories by virtue of
sub-section (1) extends to and in relation to all acts, matters and things
touching, concerning, arising out of or connected with the exploration of, or
the exploitation of the resources of, the continental shelf of Australia or of
an external Territory and not otherwise.
(3) Without limiting the generality of sub-section (2), the application of
the provisions of this Act in relation to the adjacent areas in respect of the
States and Territories by virtue of sub-section (1) extends to and in relation
to all acts done by or in relation to, and all matters, circumstances and
things affecting, any person who is in the adjacent area in respect of a State
or Territory for a reason touching, concerning, arising out of or connected
with the exploration of, or the exploitation of the resources of, the
continental shelf of Australia or of an external Territory.
(4) A provision of the Judiciary Act 1903 by which a court of a State is
invested with federal jurisdiction has effect, with respect to matters arising
under the provisions of this Act having effect by virtue of sub-section (1),
as if that jurisdiction were so invested without limitation as to locality
other than the limitation imposed by section 80 of the Constitution.
(5) Subject to the Constitution, jurisdiction is conferred on the several
courts of the Territories within the limits of their several jurisdictions,
other than limits as to locality, with respect to matters arising under the
provisions of this Act having effect by virtue of sub-section (1).
(6) In this section, "adjacent area", in relation to a State or Territory,
has the same meaning as in the Petroleum (Submerged Lands) Act 1967.
POSTAL SERVICES ACT 1975 - SECT 4
Extension of Act to Territories
SECT
4. This Act extends to the prescribed external Territories.
POSTAL SERVICES ACT 1975 - PART II
PART II-ESTABLISHMENT, FUNCTIONS AND POWERS OF THE AUSTRALIAN POSTAL
COMMISSION
POSTAL SERVICES ACT 1975 - SECT 5
Establishment of Commission
SECT
5. There is established by this Act a Commission by the name of the
Australian Postal Commission.
POSTAL SERVICES ACT 1975 - SECT 6
Functions of Commission
SECT
6. The functions of the Commission are-
(a) to operate postal services for the transmission of postal articles
within Australia and between Australia and places outside Australia;
(b) to operate such other services as the Commission is authorized by this
Act to operate;
(c) to provide, at the request of the Australian Government, technical
assistance outside Australia in relation to the planning and operation of
postal services in countries outside Australia and the prescribed external
Territories; and
(d) to do anything incidental or conducive to the performance of any of the
preceding functions.
POSTAL SERVICES ACT 1975 - SECT 7
Duties of Commission
SECT
7. (1) The Commission shall perform its functions in such a manner as will
best meet the social, industrial and commercial needs of the Australian people
for postal services and shall, so far as it is, in its opinion, reasonably
practicable to do so, make its postal services available throughout Australia
for all people who reasonably require those services.
(2) In performing its functions in accordance with sub-section (1), the
Commission-
(a) shall comply with any directions given to it under section 8; and
(b) shall have regard to-
(i) the desirability of improving and extending its postal services in
the light of developments in the field of communications;
(ii) the need to operate its services as efficiently and economically
as
practicable; and
(iii) the special needs for postal services of Australian people who
reside or carry on business outside the cities.
(3) Nothing in this section shall be taken-
(a) to prevent the Commission from interrupting, suspending or restricting,
in the case of emergency, a service provided by it; or
(b) to impose on the Commission a duty that is enforceable by proceedings
in a court.
(4) It is the duty of the Commission, in performing its functions, to comply
with the provisions of any Convention to the extent that it imposes
obligations on Australia in relation to matters within the functions of the
Commission.
POSTAL SERVICES ACT 1975 - SECT 8
Minister may give directions to the Commission
SECT
8. (1) The Minister may, after consultation with the Commission, give to the
Commission, in writing, such directions, with respect to the performance of
its functions and the exercise of its powers, as appear to the Minister to be
necessary in the public interest.
(2) Where the Minister gives a direction to the Commission under sub-section
(1), the Minister shall cause a copy of the direction to be laid before each
House of the Parliament within 15 sitting days after the direction is so
given.
(3) Sub-section (1) does not authorize the Minister to give a direction with
respect to rates of postage or fees referred to in section 18.
POSTAL SERVICES ACT 1975 - SECT 9
Powers of the Commission
SECT
9. (1) The Commission may do, in Australia or elsewhere, all things
necessary or convenient to be done for or in connexion with, or as incidental
to, the performance of its functions under this Act.
(2) The generality of sub-section (1) shall not be taken to be limited by
any other provision of this Act conferring a power on the Commission.
(3) The Commission has power, for or in connexion with the performance of
its functions-
(a) to purchase land;
(b) to take land on lease;
(c) to take easements over land;
(d) to sell, or otherwise dispose of, land vested in the Commission;
(e) to lease land vested in the Commission;
(f) to release any easement over land; and
(g) to do anything incidental to any of the powers specified in the
preceding paragraphs of this sub-section.
(3A) The Commission has power, for or in connection with the performance of
its functions, to use services provided by the company AUSSAT Pty Ltd (being
the company described in the definition of "Aussat" in section 3 of the
Satellite Communications Act 1984).
(4) The Commission has power, in connexion with the performance of its
functions to provide services for the transmission of money within Australia
and between Australia and places outside Australia.
POSTAL SERVICES ACT 1975 - SECT 10
Courier Service
SECT
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.
POSTAL SERVICES ACT 1975 - SECT 10A
Electronic mail
SECT
10A. (1) The Commission may operate electronic mail services, being services
for the transmission of information-
(a) in part by means of electromagnetic energy; and
(b) in part by means of any one or more of the following:
(i) accepting delivery of or collecting;
(ii) carrying or conveying;
(iii) delivering or making available for collection,
a document containing that information.
(2) Subject to sub-section (5), the Commission may operate electronic mail
services, being services for the transmission of information solely by means
of electromagnetic energy, if-
(a) in the case of a transmission of information solely within Australia-it
has obtained the consent of the Australian Telecommunications Commission; or
(b) in the case of a transmission of information that originates from, or
has as its final destination, a person or body in a foreign country-it has
obtained the consent of the Overseas Telecommunications Commission
(Australia).
(3) For the purposes of sub-section (2), a consent may be given in respect
of a specified transmission or a specified class of transmissions.
(4) In conjunction with the operation of electronic mail services, the
Commission may-
(a) enhance, sort or modify the presentation or addressing of the
information; and
(b) transfer to a document or documents the information transmitted by
electromagnetic energy, and make such preparation of the document or documents
for delivery as it thinks fit.
(5) The Commission shall not operate an electronic mail service in which
information is transmitted between Australia and a foreign country by means of
electromagnetic energy unless the person or body in the foreign country to
whom or from whom the transmission takes place is a prescribed user.
(6) No action for defamation (whether civil or criminal), breach of
confidence or infringement of copyright lies against the Commission, an
officer or an employee in respect of anything done in accordance with this
section.
(7) The transmission of information to a person in accordance with this
section shall not be taken, for the purposes of the law relating to
defamation, breach of confidence or copyright, to constitute an authorization
or approval of anything done in respect of that information by that person.
(8) In this section-
"document" includes-
(a) a book, plan, paper, parchment or other material on which there is
writing or printing, or on which there are marks, symbols or perforations
having a meaning for persons qualified to interpret them; and
(b) a disc, tape, paper or other device from which sounds or messages
are
capable of being reproduced;
"prescribed user" means-
(a) a postal administration of a foreign country; or
(b) a person or body declared by the Minister, by notice published in
the
Gazette, to be a prescribed user for the purposes of this section.
POSTAL SERVICES ACT 1975 - SECT 10B
Companies involved in postal and relevant services
SECT
10B. (1) In this section-
"prescribed business" means a business relating to any matter that is within
the functions or duties of the Commission or with respect to which the
Commission may exercise powers;
"prescribed company" means a company that carries on, or proposes to carry
on, a prescribed business.
(2) The Commission may-
(a) form, or participate with other persons in the formation of, a company
to carry on a prescribed business;
(b) acquire, hold or dispose of shares or stock in the capital of, or
debentures or other securities of, a prescribed company; and
(c) enter into a partnership, or an arrangement for the sharing of profits,
with a prescribed company in relation to a prescribed business.
(3) The Commission shall not exercise a power conferred by sub-section (2)
except with the approval of the Minister.
(4) The Minister shall not give approval under sub-section (3) for the
purposes of paragraph (2) (b) if the prescribed company is carrying on a
business other than a prescribed business.
(5) An agreement or arrangement between the Commission and a prescribed
company shall include a term empowering the Commission to terminate the
agreement or arrangement if the prescribed company ceases to be a prescribed
company or commences to carry on a business that is not a prescribed business.
(6) Where-
(a) the Commission has an interest in, or is a party to an agreement or
arrangement with, a prescribed company; and
(b) the prescribed company ceases to be a prescribed company or commences
to carry on a business that is not a prescribed business,
the Minister may give to the Commission such directions as the Minister thinks
appropriate with respect to-
(c) the disposal of the interest of the Commission in the company; or
(d) the termination of the agreement or arrangement between the Commission
and the company,
as the case may be.
(7) This section does not authorise a prescribed company to carry on a
prescribed business otherwise than in accordance with the relevant law.
POSTAL SERVICES ACT 1975 - SECT 11
Erection of postal boxes
SECT
11. (1) The Commission may erect and maintain receptacles or boxes for the
reception, for transmission by post, of postal articles in any public road,
street or highway or in any other public place.
(2) The Commission shall keep in good order, and may, at any time demolish
or remove, any receptacle or box erected by it for the reception of postal
articles.
POSTAL SERVICES ACT 1975 - SECT 12
Commission may act as agent, &c.
SECT
12. (1) The Commission may make arrangements with a Minister of State acting
on behalf of the Commonwealth or the Administration of a Territory, with a
Minister of State acting on behalf of a State, or with an authority of the
Commonwealth or of a State-
(a) for the doing of any act or thing by the Commission on behalf of the
Commonwealth, the Administration of that Territory, that State or that
authority, as the case may be, being an act or thing that can conveniently be
done in conjunction with the performance of the functions of the Commission;
or
(b) for the doing by a Department of State, the Administration of that
Territory, a Department of that State or that authority, as the case may be,
on behalf of the Commission of any act or thing that the Commission is
authorized to do under this Act.
(2) Subject to sub-section (3), the Commission may make an arrangement with
any person for the Commission to do, on behalf of the person, any acts or
things referred to, or any acts or things included in a class or classes of
acts or things referred to, in the arrangement, being acts or things that can
conveniently be done in conjunction with the performance of the functions of
the Commission.
(3) Sub-section (2) does not authorize the Commission to make an arrangement
for the Commission to do any acts or things unless-
(a) the acts or things are to be done in a Territory;
(b) the acts or things are to be done in a Commonwealth place as defined by
the Commonwealth Places (Application of Laws) Act 1970;
(c) the acts or things to be done are to take place in the course of, or in
relation to-
(i) trade or commerce between Australia and places outside Australia;
(ii) trade or commerce among the States;
(iii) trade or commerce within a Territory, between a State and a
Territory or between 2 Territories;
(iv) banking, other than State banking within the limits of the State
concerned; or
(v) insurance, other than State insurance within the limits of the
State concerned; or
(d) the person making the arrangement with the Commission is-
(i) a foreign corporation within the meaning of paragraph 51 (xx) of
the
Constitution;
(ii) a trading or financial corporation within the meaning of that
paragraph formed within the limits of the Commonwealth; or
(iii) a body corporate incorporated in a Territory.
(4) The doing by the Commission of any act or thing pursuant to an
arrangement under this section shall be subject to such terms and conditions
as the Commission determines.
POSTAL SERVICES ACT 1975 - PART III
PART III-POSTAL SERVICES
POSTAL SERVICES ACT 1975 - DIVISION 1
Division 1-Postage
POSTAL SERVICES ACT 1975 - SECT 13
Issue and sale of postage stamps
SECT
13. (1) The Commission shall issue and sell postage stamps indicating such
amounts of postage as the Commission deems appropriate.
(2) For the purposes of this Act, a label issued by the Commission by means
of a vending machine and indicating, by an imprint made by the machine, an
amount of postage determined by the person to whom the label is issued shall
be deemed to be a postage stamp issued by the Commission.
POSTAL SERVICES ACT 1975 - SECT 14
Payment of postage
SECT
14. (1) Payment of postage in respect of the transmission of a postal
article may be made-
(a) in circumstances prescribed by the By-laws-in money; or
(b) except as otherwise provided by the By-laws-by affixing to the article
uncancelled postage stamps issued by the Commission and indicating an amount
of postage equal to or greater than the amount of the postage payable in
respect of the transmission of the article,
but not otherwise.
(2) An envelope, letter-card, aerogramme or other article on which the
Commission has caused to be impressed or printed a representation of, or a
design resembling, a postage stamp indicating an amount of postage shall be
deemed to have affixed to it a postage stamp issued by the Commission
indicating that amount of postage.
(3) Where an envelope, letter-card, aerogramme or other article has
impressed or printed on it a representation of, or a design resembling, a
postage stamp of a kind issued by the Commission, it shall, for all purposes,
be presumed, unless the contrary is established, that the Commission caused
the representation or design to be so impressed or printed on it.
(4) Where payment of postage may be made in money, the By-laws may prescribe
conditions to which that payment is subject.
(5) The following postal articles may be transmitted by the Commission by
ordinary post free of charge:
(a) a petition or address to the Governor-General or to the Governor of a
State, being a petition or address the weight of which does not exceed 500
grams and which is posted without a cover or in a cover that is open at the
ends or the sides;
(b) a Braille postal article, a Moon postal article or a postal article for
the use of the blind of a kind prescribed by the regulations, being an article
posted as provided in the regulations; and
(c) a postal article issued by the Commission to persons using the postal
services provided by the Commission for purposes connected with those services
(including an article notifying a change of address), being an article marked
in a manner determined by the Commission.
(6) A postal article, being-
(a) official correspondence from the Commission relating to the postal
services provided by the Commission; or
(b) a postal article received by post from outside Australia (not being a
postal article in respect of which fees are required to be collected by virtue
of a convention or of a provision of the By-laws),
may be transmitted by the Commission by post free of charge.
POSTAL SERVICES ACT 1975 - SECT 15
When postage need not be pre-paid
SECT
15. (1) The Commission may make arrangements with a person under which the
postage payable in respect of postal articles to which the arrangement applies
posted by that person may be paid by that person after the articles have been
posted.
(2) The Commission may make an arrangement with a person under which the
postage payable in respect of postal articles to which the arrangement applies
posted by another person is to be paid by that first-mentioned person after
the articles have been posted.
(3) Postal articles to which an arrangement under this section applies may
be transmitted and delivered before the postage is paid.
(4) Nothing in this section prevents the Commission from-
(a) making arrangements with a person under which the fee in respect of the
transmission of postal articles by the courier service or by an electronic
mail service need not be pre-paid; or
(b) transmitting and delivering by the courier service or by an electronic
mail service postal articles the fee for the transmission of which has not
been paid.
POSTAL SERVICES ACT 1975 - SECT 16
Postal articles on which postage insufficiently pre-paid
SECT
16. (1) Where the postage is not fully pre-paid on a postal article posted
for delivery in Australia, the Commission is entitled to be paid, as a
condition of delivery, such fee, in addition to the amount of the postage or
of the deficient postage payable in respect of the transmission of the
article, as is payable in accordance with a determination made by the
Commission.
(2) For the purposes of this section, where the postage is paid in full in
respect of a postal article in accordance with an arrangement of a kind
referred to in section 15 that is applicable to the article, the postage in
respect of that postal article shall be deemed to have been fully pre-paid.
POSTAL SERVICES ACT 1975 - SECT 17
Postage stamps to be valuable securities
SECT
17. A postage stamp, and any document issued by the Commission in respect of
the transmission of moneys through the post, shall each be deemed to be a
valuable security for the purposes of any law with respect to larceny.
POSTAL SERVICES ACT 1975 - DIVISION 2
Division 2-Postal Charges
POSTAL SERVICES ACT 1975 - SECT 18
Charges for postage and other charges
SECT
18. (1) The Commission may, from time to time, make, with the approval of
the Minister, determinations fixing or varying the rates of postage for the
transmission within Australia by ordinary post of-
(a) standard postal articles; and
(b) registered publications.
(2) The Commission may, from time to time, make determinations fixing or
varying-
(a) rates of postage for the transmission of postal articles to which
sub-section (1) is inapplicable;
(b) fees for the provision, in relation to the transmission of postal
articles by post, of any special services; and
(c) fees for any other services that the Commission provides under this
Act.
(3) An application to the Minister for his approval of a determination
proposed to be made by the Commission under sub-section (1)-
(a) shall be made to the Minister in writing;
(b) shall specify the date as from which the determination is, if approved
by the Minister, intended to operate; and
(c) shall also specify-
(i) the proportion of the amount ascertained in accordance with the
formula specified in paragraph 76 (1) (b) in respect of the financial year in
which the date so specified occurs that the Commission is planning to provide
out of revenues of the Commission for expenditure by way of capital
expenditure; and
(ii) the amount estimated by the Commission to be the amount of revenue
that the Commission will receive in respect of the financial year referred to
in sub-paragraph (i),
if the determination is made and any other determination that the
Commission proposes to make under sub-section (2) is also made.
(4) The Minister shall furnish his decision with respect to an application
referred to in sub-section (3) to the Commission in writing.
(5) Where an application has been made to the Minister for approval of a
determination that the Commission proposes to make under sub-section (1), the
Minister may request the Commission, in writing, to furnish to him specified
information that is, in his opinion, relevant to the fixing or varying of the
rates of postage to which the determination relates, and the Commission shall
comply with the request to the extent to which it is practicable to do so and
as soon as practicable after receipt of the request.
(6) The Commission shall cause particulars of rates of postage and other
charges determined by it under this section to be published in the Gazette.
(7) For the purpose of this section, a postal article is a standard postal
article if-
(a) the article does not weigh more than 500 grams;
(b) the thickness of the article does not exceed 5 millimetres; and
(c) the other 2 dimensions of the article form an oblong-
(i) the shorter of whose sides is not less than 88 millimetres and not
more than 122 millimetres in length;
(ii) the longer of whose sides is not less than 138 millimetres and not
more than 237 millimetres in length; and
(iii) the respective lengths of whose adjacent sides are in the ratio of
1 to at least 1.414.
POSTAL SERVICES ACT 1975 - SECT 19
Reimbursement
SECT
19. (1) This section applies to the Commission in respect of a financial
year where-
(a) the Commission has submitted to the Minister for his approval a
determination that it proposes to make under sub-section 18 (1) with a view to
fulfilling the financial policy that it is pursuing in respect of that
financial year, but the Minister has refused to grant his approval; and
(b) subsequent to that refusal, the Commission-
(i) after having given consideration to any suggestions with respect
to
rates of postage made by the Minister when refusing to approve the
determination referred to in paragraph (a); and
(ii) after having reconsidered the proposed expenditures of the
Commission, the proportion specified in the application for the Minister's
approval in accordance with sub-paragraph 18 (3) (c) (i) and all rates of
postage and fees charged by the Commission with a view to formulating a
financial policy in respect of that year and carrying out that policy
otherwise than by charging the rates of postage proposed in the determination
referred to in paragraph (a),
has submitted to the Minister an application in accordance with
sub-section
18 (3) for his approval of another determination (in this section referred to
as the second determination), whether or not differing from the original
proposed determination, that the Commission proposes to make under sub-section
18 (1), but the Minister has refused to grant his approval.
(2) Where, after the end of a financial year in respect of which this
section applies to the Commission, the Minister is satisfied that the
Commission has complied with sub-section 76 (2) in respect of the year and
that, for reasons related, either in whole or in part, to his having refused
to approve under sub-section 18 (1) the second determination, the revenue that
the Commission would have required in respect of the financial year for the
purpose of enabling it-
(a) to have met, out of that revenue, all expenditure, and provision for
expenditure, of the Commission in respect of that year properly chargeable to
the revenue; and
(b) to have provided, for expenditure by the Commission by way of capital
expenditure, a sum equal to the proportion specified in the application made
to the Minister in respect of the second determination in pursuance of
sub-paragraph 18 (3) (c) (i) of the amount ascertained in respect of that
financial year in accordance with the formula specified in paragraph 76 (1)
(b) or equal to one-half of the amount so ascertained, whichever is the less,
exceeds the revenue of the Commission in respect of that year, the Commission
is entitled to be paid by the Commonwealth-
(c) an amount equal to the excess;
(d) an amount equal to the amount by which the revenue of the Commission in
respect of that year was less than the amount specified in the application
made to the Minister in respect of that second determination in pursuance of
sub-paragraph 18 (3) (c) (ii); or
(e) an amount equal to the amount by which the revenue of the Commission in
respect of that year is less than the revenue that, in the opinion of the
Minister, the Commission would have received in respect of that year if that
second determination had been approved by the Minister and made by the
Commission,
whichever is the least.
(3) Where the Minister, when refusing to approve the second determination in
respect of a financial year, notifies the Commission the rates of postage that
he would be prepared to approve in respect of that year but the Commission
does not make a determination under sub-section 18 (1) fixing or varying the
rates of postage accordingly, the Commission is not entitled to be paid an
amount by the Commonwealth under sub-section (2) of this section in respect of
that financial year.
(4) The Minister may, when notifying the Commission the rates of postage
that he would be prepared to approve in respect of a year, specify any
concessional rates that should, in his opinion, be provided for persons
included in a specified class of persons.
(5) The Minister for Finance may, out of moneys appropriated by the
Parliament for the purpose, make advances to the Commission, at such times as
he thinks fit, of such amounts as he thinks fit on account of any amount that
may become payable under sub-section (2).
(6) The Commission is liable to repay to the Commonwealth, upon demand by
the Minister for Finance, the amount by which the total amounts (including
advances) paid to the Commission under this section exceeds the total of those
amounts that have become payable to the Commission under sub-section (2).
(7) The Commission shall cause particulars of any refusal by the Minister to
approve a determination under sub-section 18 (1) to be set out in the report
of the Commission under section 102 with respect to its operations during the
year in which the approval was refused.
POSTAL SERVICES ACT 1975 - SECT 20
Special charges
SECT
20. (1) Notwithstanding section 18, the Commission may enter into an
agreement with any person to transmit postal articles of a particular kind on
behalf of that person at rates other than the rates applicable by virtue of
determinations in force under section 18.
(2) An agreement under sub-section (1) shall provide for charges in respect
of the transmission of postal articles of a kind to which the agreement
relates to be payable in accordance with specified rates, being rates related
to the number of postal articles of that kind posted in accordance with the
agreement during a specified period.
(3) An agreement under sub-section (1) may be subject to conditions with
respect to-
(a) the manner of packing, addressing and marking the articles;
(b) the manner and place of posting, lodging or handing over the articles;
and
(c) the arrangement of the articles so as to facilitate their delivery,
and, in that event, the rates provided for by the agreement do not apply in
respect of the articles unless the person posting, lodging or handing over the
articles complies with the conditions.
POSTAL SERVICES ACT 1975 - DIVISION 3
Division 3-Carriage of Mail
POSTAL SERVICES ACT 1975 - SECT 21
Carriage of mail by rail
SECT
21. (1) The Commission may, by notice in writing addressed to the Australian
National Railways Commission, the person having, under the law of a State,
control of the government railways of the State or the owner or manager of any
other railways in a State and served as prescribed by the regulations, require
that scheduled trains under the control of that person be made available as
specified in the notice for the carriage of mail on behalf of the Commission
as provided in the notice and that the usual facilities for the receipt,
transmission and delivery of mail so carried be provided on those trains.
(2) Where mail is carried on trains in a State or Territory in compliance
with a requirement under sub-section (1), the Commission is liable to pay, for
the carriage of mail and the provision of the facilities, such annual sum as
may be agreed upon or, in the default of agreement, as is determined by
arbitration-
(a) in the case of payment for carriage or for facilities provided on a
railway vested in the Australian National Railways Commission-in accordance
with the law of the Australian Capital Territory; or
(b) in any other case-in accordance with the law of the State or Territory,
relating to the settlement of commercial disputes by arbitration.
(3) A reference in this section to a railway under the control of a person
includes a reference to a bus service or other vehicular service operated by
the person for the carriage of persons or goods in accordance with fixed
schedules to and from fixed terminals over specific routes with or without
intermediate stopping places between terminals.
(4) A reference in this section to a train includes a reference to a bus or
other vehicle operated in connexion with a service referred to in sub-section
(3).
POSTAL SERVICES ACT 1975 - SECT 22
Vessels may be required to carry mail
SECT
22. (1) Where a vessel-
(a) is at, or is expected to arrive at, a port or place in Australia; and
(b) is in the course of, or is expected to commence, a voyage to another
port or place, whether within or outside Australia,
the Commission, or a person authorized by the Commission, may, by notice in
writing addressed to the owner, agent or master of the vessel and served as
prescribed by the regulations, require that the vessel be made available for
the carriage of mail on the voyage from that first-mentioned port or place.
(2) Where-
(a) a notice under sub-section (1) has been served with respect to the
carriage of mail on board a vessel from a port or place;
(b) mail for carriage on the vessel is delivered alongside the vessel at
that port or place, or to any other part of that port or place that is agreed
upon between the person who made the requirement and the person to whom the
notice was addressed, not later than a time so agreed, or, if no time is so
agreed, in sufficient time to permit the vessel, after taking the mail on
board, to depart from that port or place not later than the intended time of
departure at the time the requirement was made; and
(c) the vessel departs from the port or place without taking on the mail so
delivered,
the person on whom the notice was served is guilty of an offence against this
section.
(3) Where mail is on board a vessel in compliance with a requirement under
this section, whether within or outside Australia, the owner, agent and master
of the vessel are each guilty of an offence against this section if-
(a) the mail is not kept in a secure dry place;
(b) the mail is removed from the vessel, except-
(i) for delivery to the postal authority at the port or place to which
the mail is consigned; or
(ii) in accordance with a direction under sub-section (4); or
(c) when the vessel arrives at the port or place to which the mail is
consigned, the mail is not delivered forthwith to the postal authority at that
port or place.
(4) Where mail is on board a vessel in compliance with a requirement under
this section, whether within or outside Australia, an authorized person may,
by notice in writing served on the master of the vessel, direct the master to
deliver up the mail, or deliver up such part of the mail as is specified in
the direction, on demand, to the person specified in the direction and, if the
master does not comply with the direction, he is guilty of an offence against
this section.
(5) The penalty for an offence against this section is a fine not exceeding
$1,000.
(6) An offence against this section committed outside Australia may be
prosecuted as if it were committed at the port or place at which the
requirement under sub-section (1) was served and a court that would, if the
offence had been so committed, have had jurisdiction in respect of the offence
has jurisdiction in respect of the offence.
(7) Where mail is carried on board a vessel in compliance with this section,
the owner of the vessel is entitled to payment, in respect of that carriage,
in accordance with such rates as are agreed upon by the owner, agent or
master, or in the default of agreement as may be determined by arbitration in
accordance with the law of the State or Territory in which the requirement
under sub-section (1) was served relating to the settlement of commercial
disputes by arbitration.
(8) A reference in this section to the owner of a vessel shall, in relation
to a vessel that is the subject of a charter-party by demise, be read as a
reference to a charterer under the charter-party.
POSTAL SERVICES ACT 1975 - SECT 23
Detention of vessel required to carry mail
SECT
23. (1) Where a magistrate is satisfied, by information on oath or
affirmation-
(a) that a requirement has been made under section 22 with respect to the
carriage of mail in a vessel from a port or place; and
(b) that there are reasonable grounds for believing that the vessel may
depart from that port or place without that mail on board,
the magistrate may grant a warrant authorizing an officer to board the vessel,
with such persons as he thinks necessary to assist him, to detain the vessel
until it is released in accordance with sub-section (3) and to use, or
authorize the use of, reasonable force to prevent any person from obstructing
the carrying out of the foregoing.
(2) Where a vessel is being detained in accordance with a warrant issued
under sub-section (1)-
(a) the Commission or a person authorized by the Commission may, at any
time, direct that the vessel be released from detention; and
(b) a magistrate may, upon application made by the master of the vessel,
direct that the vessel be released from detention if he is satisfied-
(i) that there is no longer any necessity for the carriage on board
the
vessel of any mail that is not already on board; or
(ii) that it is necessary for the safety of the vessel or of persons on
board the vessel that the vessel leave the place at which it is detained.
(3) Notwithstanding any other provision of this section-
(a) a period of detention of the vessel in pursuance of a warrant issued
under sub-section (1) comes to an end, by force of this sub-section, at the
expiration of 24 hours after the commencement of the period; and
(b) when a vessel has been released from detention (whether by force of
this sub-section or otherwise)-a further warrant under this section to detain
the vessel shall not be issued under this section until the expiration of 24
hours after the time of release of the vessel.
(4) The Commission or a person acting in accordance with this section is not
liable to pay damages or compensation to any person by reason of the detention
of a vessel in accordance with a warrant granted under sub-section (1).
(5) Nothing in this section affects liability to pay harbour dues or any
other charges in respect of a vessel for any period of detention under this
section.
POSTAL SERVICES ACT 1975 - PART IV
PART IV-CONSTITUTION AND MEETINGS OF THE COMMISSION
POSTAL SERVICES ACT 1975 - SECT 24
Constitution of Commission
SECT
24. (1) The Commission-
(a) is a body corporate with perpetual succession;
(b) shall have a common seal;
(c) may acquire, hold and dispose of real and personal property; and
(d) may sue or be sued in its corporate name.
(2) All courts, judges and persons acting judicially shall take judicial
notice of the common seal of the Commission affixed to a document and shall
presume that it was duly affixed.
(3) The Commission is not subject to any requirement, obligation, liability,
penalty or disability under a law of a State or Territory to which the
Commonwealth is not subject.
POSTAL SERVICES ACT 1975 - SECT 25
Composition of Commission
SECT
25. (1) The Commission shall consist of 7 Commissioners, namely-
(a) the Managing Director;
(b) 1 Commissioner who shall be an officer of the Department administered
by the Minister administering this Act;
(c) 1 Commissioner to represent officers and employees of the Commission;
and (d) 4 other Commissioners.
(2) The Commissioners shall be appointed by the Governor-General, the
Managing Director being appointed as a full-time Commissioner and the other
Commissioners being appointed as part-time Commissioners.
(3) The Governor-General shall, in appointing a Commissioner referred to in
paragraph (1) (c), have regard to any advice with respect to the person to be
appointed furnished by the Minister, after he has consulted with
representatives of appropriate organizations representing officers and
employees.
(4) The performance of the functions and exercise of the powers of the
Commission are not affected by reason of a vacancy or vacancies in the
membership of the Commission.
(5) The By-laws may make provision for and in relation to the preservation
of such rights as are specified in the By-laws by an officer who is appointed
to be the Managing Director and for and in relation to the appointment of such
an officer to a position in the Service upon the termination of his
appointment under this section otherwise than upon the ground of his
misconduct or of his having attained the age for retirement from the Service.
POSTAL SERVICES ACT 1975 - SECT 26
Period of appointment
SECT
26. (1) Subject to sub-section (2), a Commissioner shall be appointed for
such period, not exceeding 5 years, as is specified in the instrument of
appointment, but is eligible for re-appointment.
(2) The Commissioner referred to in paragraph 25 (1) (b) holds office during
the pleasure of the Governor-General.
(3) A person who has attained the age of 65 years shall not be appointed or
re-appointed as the Managing Director and a person shall not be appointed or
re-appointed as the Managing Director for a period that extends beyond the
date at which he will attain the age of 65 years.
POSTAL SERVICES ACT 1975 - SECT 27
Remuneration and allowances
SECT
27. (1) A Commissioner, other than the Commissioner referred to in paragraph
25 (1) (b), shall be paid such remuneration as is determined by the
Remuneration Tribunal, but, if no determination of that remuneration by the
Tribunal is in operation, he shall be paid such remuneration as is prescribed
by the regulations.
(2) A Commissioner shall be paid such allowances as are prescribed by the
regulations.
(3) This section has effect subject to the Remuneration Tribunals Act 1973.
POSTAL SERVICES ACT 1975 - SECT 28
Chairman and Deputy Chairman of Commission
SECT
28. (1) The Governor-General shall appoint a Commissioner to be the Chairman
of the Commission and another Commissioner to be the Deputy Chairman of the
Commission.
(2) The Commissioner appointed to be the Chairman or the Deputy Chairman
holds office as Chairman or Deputy Chairman until the expiration of his term
of office as a Commissioner that is current or commences at the time of his
appointment, but ceases to be the Chairman or the Deputy Chairman if he ceases
to be a Commissioner or resigns his office of Chairman or Deputy Chairman in
accordance with sub-section (3).
(3) The Commissioner appointed to be the Chairman or the Deputy Chairman may
resign his office of Chairman or Deputy Chairman by writing under his hand
delivered to the Governor-General, but the resignation does not have effect
until it is accepted by the Governor-General.
(4) A person is eligible to be re-appointed as the Chairman or the Deputy
Chairman.
POSTAL SERVICES ACT 1975 - SECT 29
Leave of absence
SECT
29. The Minister may grant leave of absence to a Commissioner upon such
terms and conditions as to remuneration or otherwise as the Minister
determines.
POSTAL SERVICES ACT 1975 - SECT 30
Resignation of Commissioner
SECT
30. A Commissioner may resign his office by writing under his hand delivered
to the Governor-General, but the resignation does not have effect until it is
accepted by the Governor-General.
POSTAL SERVICES ACT 1975 - SECT 31
Termination of appointments
SECT
31. (1) The Governor-General may terminate the appointment of a
Commissioner, other than the Commissioner referred to in paragraph 25 (1) (b),
by reason of the misbehaviour, or the physical or mental incapacity, of the
Commissioner.
(2) If a Commissioner, other than the Commissioner referred to in paragraph
25 (1) (b)-
(a) becomes bankrupt, applies to take the benefit of any law for the relief
of bankrupt or insolvent debtors, compounds with his creditors or makes an
assignment of his remuneration for their benefit;
(b) fails to comply with his obligations under sub-section (3);
(c) being the Managing Director-
(i) engages in paid employment outside the duties of his office
without
the approval of the Minister; or
(ii) is absent from duty, except on leave of absence granted by the
Minister, for 14 consecutive days, or for 28 days in any 12 months; or
(d) being a part-time Commissioner-is absent, except on leave of absence
granted by the Minister, from 3 consecutive meetings of the Commission, the
Governor-General shall terminate the appointment of the Commissioner.
(3) A Commissioner who has a direct or indirect pecuniary interest in a
matter being considered or about to be considered by the Commission shall, as
soon as possible after the relevant facts have come to his knowledge, disclose
the nature of his interest at a meeting of the Commission.
(4) A disclosure under sub-section (3) shall be recorded in the minutes of
the meeting of the Commission and the Commissioner shall not-
(a) be present during any deliberation of the Commission with respect to
that matter; or
(b) take part in any decision of the Commission with respect to that
matter.
(5) Sub-section (3) does not apply in relation to a matter relating to the
provision of a postal service by the Commission for the Commissioner otherwise
than in accordance with a special arrangement made under section 20.
POSTAL SERVICES ACT 1975 - SECT 32
Acting Commissioners
SECT
32. (1) The Minister may appoint a person to act as Managing Director-
(a) during a vacancy in the office of Managing Director; or
(b) during any period, or during all periods, when the Managing Director is
absent from duty or from Australia or is, for any other reason, unable to
perform the functions of his office,
but a person appointed to act during a vacancy shall not continue so to act
for more than 12 months.
(3) Where a part-time Commissioner is appointed to act as the Managing
Director, the office of the part-time Commissioner shall, for the purposes of
sub-section (4), be deemed to be vacant.
(4) The Minister may appoint a person to act as a part-time Commissioner-
(a) during a vacancy in the office of such a Commissioner; or
(b) during any period, or during all periods, when such a Commissioner is
unable (whether on account of illness or otherwise) to attend meetings of the
Commission,
but a person appointed to act during a vacancy shall not continue so to act
for more than 12 months.
(5) The Minister shall not appoint a person to be an acting Commissioner in
place of a Commissioner referred to in paragraph 25 (1) (b) or (c), or to fill
a vacancy in the office of such a Commissioner unless the person would be
eligible to be appointed to the office held or formerly held by that
Commissioner.
(5A) An appointment under this section may be expressed to have effect only
in such circumstances as are specified in the instrument of appointment.
(6) The Minister may-
(a) determine the terms and conditions of appointment, including
remuneration and allowances, of a person appointed under this section; and
(b) at any time terminate such an appointment.
(7) Where a person is acting as Managing Director in accordance with
paragraph (1) (b), or as a part-time Commissioner in accordance with paragraph
(4) (b), and the office of Managing Director or that part-time Commissioner,
as the case may be, becomes vacant while that person is so acting, then,
subject to sub-section (5A), that person may continue so to act until the
Minister otherwise directs, the vacancy is filled or a period of 12 months
from the date on which the vacancy occurred expires, whichever first happens.
(8) The appointment of a person under this section ceases to have effect if
he resigns his appointment by writing signed by him and delivered to the
Minister.
(9) While a person is acting as Managing Director or as a part-time
Commissioner under this section, he has and may exercise all the powers, and
shall perform all the functions, of the Managing Director or that part-time
Commissioner, as the case may be.
(10) The validity of anything done by a person purporting to act under this
section shall not be called in question on the ground that the occasion for
his appointment had not arisen, that there was a defect or irregularity in or
in connection with his appointment, that the appointment had ceased to have
effect or that the occasion for him to act had not arisen or had ceased.
POSTAL SERVICES ACT 1975 - SECT 33
Acting Chairman and Deputy Chairman
SECT
33. (1) Where the Chairman is absent from duty or from Australia or there is
a vacancy in the office of Chairman, the Deputy Chairman shall act as the
Chairman during the absence or until the filling of the vacancy.
(2) Where the Deputy Chairman is, or is expected to be, absent from duty or
from Australia or there is a vacancy in the office of Deputy Chairman, the
Minister may appoint another Commissioner to act as the Deputy Chairman during
the period of the absence or until the filling of the vacancy.
(3) If the Deputy Chairman is at any time acting as the Chairman, his office
of Deputy Chairman shall, during the period of his so acting, be deemed, for
the purposes of sub-section (2), to be vacant.
(4) A reference in sub-section (1) to the Deputy Chairman includes a
reference to a Commissioner acting as the Deputy Chairman in pursuance of an
appointment under sub-section (2).
POSTAL SERVICES ACT 1975 - SECT 34
Meetings of the Commission
SECT
34. (1) The Chairman shall convene such meetings of the Commission as he
considers necessary for the performance of its functions.
(2) The Chairman shall, when requested by 4 or more Commissioners to do so,
convene a meeting of the Commission.
(3) The Chairman shall preside at all meetings of the Commission at which he
is present.
(4) If, at a meeting of the Commission, the Chairman is not present but the
Deputy Chairman is present, the Deputy Chairman shall preside at the meeting.
(5) If, at a meeting of the Commission, neither the Chairman nor Deputy
Chairman is present, the Commissioners present shall appoint one of their
number to preside at the meeting.
(6) A quorum at a meeting of the Commission is 4 Commissioners.
(7) Questions arising at a meeting of the Commission shall be determined by
a majority of the votes of the Commissioners present and voting.
(8) The Commissioner presiding at a meeting of the Commission has a
deliberative vote and, in the event of an equality of votes, also has a
casting vote.
(9) A reference in this section to the Chairman or the Deputy Chairman
includes a reference to a person acting as the Chairman or as the Deputy
Chairman, as the case may be.
(10) Where a majority of the Commissioners sign a document containing a
statement that they are in favour of a resolution in terms set out in the
document, a resolution in those terms shall be deemed to have been passed at a
duly constituted meeting of the Commission held on the day on which the
document was signed, or, if the Commissioners sign the document on different
days, on the day on which the document was last signed by a Commissioner.
(11) For the purposes of sub-section (10), 2 or more separate documents
containing statements in identical terms each of which is signed by one or
more Commissioners shall together be deemed to constitute one document
containing a statement in those terms signed by those Commissioners on the
respective days on which they signed the separate documents.
POSTAL SERVICES ACT 1975 - SECT 35
Duties of the Managing Director
SECT
35. (1) The affairs of the Commission, to the extent determined by the
Commission, shall be managed by the Managing Director.
(2) The Managing Director shall, in managing any of the affairs of the
Commission, act in accordance with the policy of, and any directions given by,
the Commission.
POSTAL SERVICES ACT 1975 - SECT 36
Delegation
SECT
36. (1) The Commission may, by instrument under its seal, delegate to a
Commissioner, to the Chief General Manager or to an officer or employee,
either generally or otherwise as provided by the instrument of delegation, all
or any of its powers under this Act (except this power of delegation).
(2) A delegation under this section is revocable at will and does not
prevent the exercise of a power by the Commission.
POSTAL SERVICES ACT 1975 - PART V
PART V-THE STAFF OF THE COMMISSION
POSTAL SERVICES ACT 1975 - DIVISION 1
Division 1-The Chief General Manager
POSTAL SERVICES ACT 1975 - SECT 37
Chief General Manager
SECT
37. (1) There shall be a Chief General Manager of the Commission, who shall
be appointed by the Governor-General.
(2) The Chief General Manager shall be appointed for such period, not
exceeding 5 years, as is specified in the instrument of his appointment, but
is eligible for re-appointment.
(3) A person who has attained the age of 65 years shall not be appointed as
Chief General Manager and a person shall not be appointed or re-appointed as
Chief General Manager for a period that extends beyond the date on which he
will attain the age of 65 years.
(4) The Chief General Manager may resign his office by writing under his
hand delivered to the Governor-General but the resignation does not have
effect until it is accepted by the Governor-General.
(5) The Governor-General may terminate the appointment of the Chief General
Manager by reason of the misbehaviour, or physical or mental incapacity, of
the Chief General Manager.
(6) If the Chief General Manager-
(a) engages in paid employment outside the duties of his office without the
approval of the Minister;
(b) is absent from duty, except on leave of absence granted by the
Minister, for 14 consecutive days, or for 28 days in any 12 months; or
(c) becomes bankrupt, applies to take the benefit of any law for the relief
of bankrupt or insolvent debtors, compounds with his creditors or makes an
assignment of his remuneration for their benefit,
the Governor-General shall terminate his appointment.
(7) The Minister may grant leave of absence to the Chief General Manager
upon such terms and conditions as to remuneration or otherwise as the Minister
determines.
(8) The By-laws may make provision for and in relation to the preservation
of such rights as are specified in the By-laws by an officer who is appointed
to be Chief General Manager and for and in relation to the appointment of such
an officer to a position in the Service upon the termination of his
appointment under this section otherwise than upon the ground of his
misbehaviour or of his having attained the age for retirement from the
Service.
POSTAL SERVICES ACT 1975 - SECT 38
Remuneration of Chief General Manager
SECT
38. (1) The Chief General Manager shall be paid such remuneration as is
determined by the Remuneration Tribunal, but, if no determination of that
remuneration by the Tribunal is in operation, he shall be paid such
remuneration as is prescribed by the regulations.
(2) The Chief General Manager shall be paid such allowances as are
prescribed by the regulations.
(3) This section has effect subject to the Remuneration Tribunals Act 1973.
POSTAL SERVICES ACT 1975 - SECT 39
Acting Chief General Manager
SECT
39. (1) The Minister may appoint a person to act as Chief General Manager-
(a) during a vacancy in the office of Chief General Manager; or
(b) during any period, or during all periods, when the Chief General
Manager-
(i) is acting as Managing Director;
(ii) is absent from duty or from Australia; or
(iii) is, for any other reason, unable to perform the functions of his
office,
but a person appointed to act during a vacancy shall not continue so to act
for more than 12 months.
(2) An appointment of a person under sub-section (1) may be expressed to
have effect only in such circumstances as are specified in the instrument of
appointment.
(3) The Minister may-
(a) determine the terms and conditions of appointment, including
remuneration and allowances, of a person appointed under this section; and
(b) at any time terminate such an appointment.
(4) Where a person is acting as Chief General Manager in accordance with
paragraph (1) (b) and the office of Chief General Manager becomes vacant while
that person is so acting, then, subject to sub-section (2), that person may
continue so to act until the Minister otherwise directs, the vacancy is filled
or a period of 12 months from the date on which the vacancy occurred expires,
whichever first happens.
(5) The appointment of a person under sub-section (1) ceases to have effect
if he resigns his appointment by writing signed by him and delivered to the
Minister.
(6) Sub-section 37 (7) applies in relation to a person appointed under
sub-section (1) in like manner as it applies in relation to the Chief General
Manager.
(7) While a person is acting as Chief General Manager, he has and may
exercise all the powers, and shall perform all the functions, of the Chief
General Manager.
(8) The validity of anything done by a person purporting to act under
sub-section (1) shall not be called in question on the ground that the
occasion for his appointment had not arisen, that there was a defect or
irregularity in or in connection with his appointment, that the appointment
has ceased to have effect or that the occasion for him to act had not arisen
or had ceased.
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