POSTAL SERVICES REGULATIONS - Incorporating all amendments by legislation made
to 28 February 1981
- Reprinted as at 28 February 1981 (HISTREG CHAP 273 #DATE 28:02:1981)
*1* The Postal Services Regulations (in force under the Postal Services Act 1975) as shown in this reprint comprise Statutory Rules 1975 No. 130 as amended by the other Statutory Rules specified in the following table: ---------------------------------------------------------------------------- Date of Application, saving Year and notification Date of or transitional number in Gazete commencement provisions ---------------------------------------------------------------------------- 1975 No. 130 30 June 1975 1 July 1975 (see r. 2 and Gazette 1975, No. S122, p. 1) 1977 No. 53 28 Apr 1977 28 Apr 1977 - ---------------------------------------------------------------------------- POSTAL SERVICES REGULATIONS - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
PART I-PRELIMINARY
Regulation
1. Citation
2. Commencement
3. Interpretation
PART II-PRESERVATION OF RIGHTS
4. Preservation of rights
5. Modification of Public Service Act
PART III-PROMOTIONS APPEAL BOARDS
6. Prescribed circumstances under sub-section 54 (3) of the Act
7. Appropriate organization
8. Senior Chairman
9. Procedure on appeal
10. Conduct of inquiries
11. Parties in different States, &c.
12. Duty in a State
13. Central Promotions Appeal Boards
14. Direction by Senior Chairman
PART IV-DISCIPLINARY APPEAL BOARDS
15. Nomination of member
16. Selection of nominee
17. Form of appeal
18. Procedure on lodging appeal
19. Conduct of appeal
20. Public and private hearings
21. Witnesses
22. Representation at hearing
23. Evidence taken outside hearing
24. Copy documents to be furnished or inspected
25. Address of appellant unknown
26. Notification of finding
27. Officers' expenses
28. Witnesses' expenses
29. Costs
30. Application to employees
PART V-REVIEWS UNDER DIVISION 5 OF PART V OF THE ACT
31. Review Tribunals
32. Constitution of Tribunal
33. Application for review
34. Proceedings before Tribunal
35. Recommendation by Tribunal
PART VA-APPLICATION OF DIVISION 6 OF PART V OF THE ACT
TO EMPLOYEES
35A. Application of Division 6 of Part V of the Act to employees
PART VI-OPENING AND EXAMINATION OF POSTAL ARTICLES
36. Meaning of undeliverable postal article
37. Appointment of offices
38. Undeliverable postal articles
39. Undeliverable registered publications
40. Articles posted in contravention of any Act or the By-laws
41. Letters containing dutiable or prohibited goods
42. Dutiable postal articles other than letters
43. Article posted free or at concessional rate, &c.
44. Opening of broken articles, &c.
45. Certain overseas mail from Australian resident
46. Forfeiture and disposal of postal articles
47. Offences
48. Notice of opening
PART VII-MISCELLANEOUS
49. Goods for use of the blind
50. Electoral papers
51. Powers relating to collection, &c., of postal articles
52. Use of words ''Australia Post''
53. Prohibition on sending certain unsolicited matter
54. Disposal of dangerous, &c., thing
55. Disposal of physically offensive postal article
POSTAL SERVICES REGULATIONS - SECT. 1.
Citation
PART I-PRELIMINARY
1. These Regulations may be cited as the Postal Services Regulations.*1*
See notes to first article of this Chapter.
POSTAL SERVICES REGULATIONS - SECT. 2.
Commencement
2. These Regulations shall come into operation on the date fixed by
Proclamation under sub-section 2 (2) of the Act.*1*
See notes to first article of this Chapter.
POSTAL SERVICES REGULATIONS - SECT. 3.
Interpretation
3. In these Regulations, unless the contrary intention appears-
"Council" means the Consultative Council established by sub-section 113
(1) of the Act;
"disciplinary appeal" means an appeal under section 65 of the Act;
"officer of Customs" has the same meaning as in the Customs Act
1901-1975;
"promotion appeal" means an appeal under section 54 of the Act;
"Review Tribunal" means a Review Tribunal established under regulation
31;
"Senior Chairman" means the Chairman of a Promotions Appeal Board
appointed by the Minister under regulation 8 to be the Senior Chairman;
"the Act" means the Postal Services Act 1975.
POSTAL SERVICES REGULATIONS - SECT. 4.
Preservation of rights
PART II-PRESERVATION OF RIGHTS
4. (1) This regulation applies to-
(a) a person appointed to the office of Managing Director, Chief General
Manager or full-time Chairman of a Promotions Appeal Board; and
(b) a person appointed or deemed to have been appointed as an officer.
(2) Where a person to whom this regulation applies was, immediately before
he was so appointed, or became an officer, an officer of the Australian Public
Service-
(a) he retains all his existing and accruing rights; and
(b) for the purpose of determining those rights, his service under the Act
shall be taken into account as if it were service in the Australian Public
Service.
POSTAL SERVICES REGULATIONS - SECT. 5.
Modification of Public Service Act
5. For the purpose of enabling a person to whom regulation 4 applies to
apply for promotion to an office in the Australian Public Service or appeal
against a promotion to an office in that Service, section 50 of the Public
Service Act 1922-1975 shall be read as if each reference in that section to an
officer included a reference to such a person.
POSTAL SERVICES REGULATIONS - SECT. 6.
Prescribed circumstances under sub-section 54 (3) of the Act
PART III-PROMOTIONS APPEAL BOARDS
6. For the purposes of sub-section 54 (3) of the Act, an officer is absent
from duty in prescribed circumstances if he is absent from duty on leave
granted under by-law 54 or 55 of the Postal (Staff) By-laws.
POSTAL SERVICES REGULATIONS - SECT. 7.
Appropriate organization
7. (1) Subject to sub-regulation (2), the appropriate organization for the
purposes of paragraph 56 (2) (c) of the Act in respect of a promotion appeal
is the organization the rules of which provide that an officer who occupies
the position to which the provisional promotion has been made is eligible for
membership of that organization.
(2) Where each of 2 or more organizations has rules that provide that an
officer who occupies the position to which a provisional promotion has been
made is eligible for membership of that organization, the appropriate
organization for the purposes of paragraph 56 (2) (c) of the Act in respect of
a promotion appeal is the organization the membership of which includes the
larger or largest number of officers occupying positions of the class to which
the provisional promotion has been made.
POSTAL SERVICES REGULATIONS - SECT. 8.
Senior Chairman
8. (1) One of the persons appointed by the Minister under sub-section 55 (1)
of the Act to be a Chairman of a Promotions Appeal Board shall be appointed by
the Minister to be the Senior Chairman.
(2) In addition to his duties as the Chairman of a Promotions Appeal Board,
the Senior Chairman shall-
(a) exercise general supervision over all Promotions Appeal Boards in
Australia and be responsible for their effective operation;
(b) act as he considers necessary as the Chairman of a Promotions Appeal
Board established to deal with a promotion appeal against a promotion to a
senior position;
(c) act as required as the Chairman of a Promotions Appeal Board
established to act as a central Promotions Appeal Board; and
(d) perform such other functions as are provided by these Regulations.
POSTAL SERVICES REGULATIONS - SECT. 9.
Procedure on appeal
9. (1) A promotion appeal shall be made by letter or telegram posted or
delivered to the appropriate office within the period that commences on the
date on which the notification of the provisional promotion is published in
the Gazette and ends at the close of business at that office on the
twenty-first day after that date.
(2) The letter or telegram referred to in sub-regulation (1) shall specify
the ground of appeal.
(3) Upon the expiration of the period referred to in sub-regulation (1), the
person in charge of the appropriate office shall advise the Commission whether
a promotion appeal has been lodged within that period and, if a promotion
appeal has been so lodged, shall inform the Commission of the name of the
appellant.
(4) For the purposes of sub-regulation (1), the appropriate office is the
office of a Promotions Appeal Board for the State or Territory in which the
office to which the provisional promotion is made is situated.
POSTAL SERVICES REGULATIONS - SECT. 10.
Conduct of inquiries
10. Subject to these Regulations, in the conduct of an inquiry by a
Promotions Appeal Board-
(a) the Board may inform itself in such manner as it thinks fit;
(b) the procedure to be followed shall be as determined by the Board;
(c) the Board is not bound by the rules of evidence; and
(d) the Board shall proceed without regard to legal forms or solemnities.
POSTAL SERVICES REGULATIONS - SECT. 11.
Parties in different States, &c.
11. (1) Subject to regulations 12 and 14, where the parties to a promotion
appeal perform their duties in more than one State or Territory, a Promotions
Appeal Board shall be established in each such State or Territory to inquire
into the claims of the party or parties performing duties in that State or
Territory.
(2) Each Promotions Appeal Board referred to in sub-regulation (1) shall
make a full inquiry into the claims of the party or parties, as the case
requires, and shall furnish a report to the Promotions Appeal Board
established to act as a central Promotions Appeal Board for the purposes of
the appeal.
POSTAL SERVICES REGULATIONS - SECT. 12.
Duty in a State
12. Where the Senior Chairman considers it desirable, he may, if it would
not be contrary to the interests of any party to a promotion appeal, determine
that a party to the appeal shall be deemed to perform his duties in such State
as the Senior Chairman specifies.
POSTAL SERVICES REGULATIONS - SECT. 13.
Central Promotions Appeal Boards
13. (1) The Commission shall, from time to time as required, arrange for the
establishment of a Promotions Appeal Board to act as a central Promotions
Appeal Board.
(2) A person shall not be a member of a Promotions Appeal Board acting as a
central Promotions Appeal Board if that central Promotions Appeal Board is to
examine a report made to it by a Promotions Appeal Board of which he was a
member.
(3) A Promotions Appeal Board acting as a central Promotions Appeal Board
shall, after examining the reports made to it by the several Promotions Appeal
Boards referred to in regulation 11 and making such further inquiries (if any)
as it thinks necessary into the claims of all the parties to the promotion
appeal, determine the appeal.
POSTAL SERVICES REGULATIONS - SECT. 14.
Direction by Senior Chairman
14. The Senior Chairman may direct that a promotion appeal shall be wholly
dealt with and determined by a Promotions Appeal Board acting as a central
Promotions Appeal Board for the purposes of the appeal.
POSTAL SERVICES REGULATIONS - SECT. 15.
Nomination of member
PART IV-DISCIPLINARY APPEAL BOARDS
15. For the purposes of paragraph 66 (2) (c) of the Act, each person to be
nominated to represent officers shall be a person nominated by the Council as
a member of a Disciplinary Appeal Board under sub-regulation 16 (2).
POSTAL SERVICES REGULATIONS - SECT. 16.
Selection of nominee
16. (1) Each appropriate organization shall, from time to time as required,
submit to the Council a list containing the names of not more than 2 persons
selected by the organization as candidates for nomination under sub-regulation
(2).
(2) The representatives of organizations of officers and employees on the
Council shall, from time to time as required, nominate, from the candidates
referred to in sub-regulation (1), a person as a member of a Disciplinary
Appeal Board to represent officers.
(3) In this regulation, "appropriate organization" means an organization
whose members include officers.
POSTAL SERVICES REGULATIONS - SECT. 17.
Form of appeal
17. A disciplinary appeal shall be made in writing and shall specify the
ground of appeal.
POSTAL SERVICES REGULATIONS - SECT. 18.
Procedure on lodging appeal
18. (1) A disciplinary appeal shall be made by letter or telegram posted or
delivered to the appropriate office not later than 14 days after the date on
which the appellant received notice of the decision, direction or refusal from
which he is appealing.
(2) The Commission shall, within 7 days after receipt of a disciplinary
appeal, refer the appeal to the Chairman of a Disciplinary Appeal Board and
shall furnish the Chairman with the name of the officer nominated by the
Commission to be the member of the Board referred to in paragraph 66 (2) (b)
of the Act with respect to that appeal.
(3) Subject to sub-regulation (4), as soon as possible, and in any event not
later than 7 days after the date of receipt of information of a disciplinary
appeal, the Chairman of a Disciplinary Appeal Board shall fix a date, time and
place for hearing the appeal and shall notify the Commission, the other
members of the Board with respect to the appeal and the appellant of the date,
time and place so fixed.
(4) The Chairman of a Disciplinary Appeal Board shall, in fixing the date
for the hearing of a disciplinary appeal, take into consideration the time
that will necessarily be taken by the appellant in travelling to the place of
hearing and the time that can reasonably be expected it will take for the
appellant to receive the notification referred to in sub-regulation (3).
(5) For the purposes of sub-regulation (1), the appropriate office is the
principal office of the Commission in the State or Territory in which the
appellant performs his duties.
POSTAL SERVICES REGULATIONS - SECT. 19.
Conduct of appeal
19. Subject to these Regulations, in the hearing of a disciplinary appeal by
a Disciplinary Appeal Board-
(a) the Board may inform itself in such manner as it thinks fit;
(b) the procedure to be followed shall be as determined by the Board;
(c) the Board is not bound by the rules of evidence; and
(d) the Board shall proceed without regard to legal forms or solemnities.
POSTAL SERVICES REGULATIONS - SECT. 20.
Public and private hearings
20. A Disciplinary Appeal Board may direct that a disciplinary appeal shall
be heard either in public or in private.
POSTAL SERVICES REGULATIONS - SECT. 21.
Witnesses
21. (1) For the purposes of the hearing of a disciplinary appeal, the
Chairman of a Disciplinary Appeal Board may-
(a) by writing under his hand, summon a person to appear at the hearing to
give evidence and to produce such documents (if any) as are referred to in the
summons; and
(b) administer an oath or affirmation.
(2) An officer shall not, without reasonable excuse-
(a) fail to attend at the hearing of a disciplinary appeal as required by a
summons served on him;
(b) refuse or fail to be sworn or to make an affirmation;
(c) refuse or fail to answer a question that he is required to answer by
the Chairman of the Disciplinary Appeal Board hearing the appeal; or
(d) refuse or fail to produce a document that he was required to produce at
the hearing by a summons served on him.
Penalty: $40.
(3) After payment or tender to him of an amount for his reasonable expenses,
a person, not being an officer, shall not, without reasonable excuse-
(a) fail to attend at the hearing of a disciplinary appeal as required by a
summons served on him;
(b) refuse or fail to be sworn or to make an affirmation;
(c) refuse or fail to answer a question that he is required to answer by
the Chairman of the Disciplinary Appeal Board hearing the appeal; or
(d) refuse or fail to produce a document that he was required to produce at
the hearing by a summons served on him.
Penalty: $40.
(4) Nothing in this regulation shall be construed as requiring a person to
answer a question where the answer would tend to incriminate him.
POSTAL SERVICES REGULATIONS - SECT. 22.
Representation at hearing
22. At the hearing of a disciplinary appeal, the appellant or the Commission
may be represented by counsel, a solicitor or agent who may examine witnesses
and address the Disciplinary Appeal Board hearing the appeal on his or its
behalf.
POSTAL SERVICES REGULATIONS - SECT. 23.
Evidence taken outside hearing
23. (1) Where, by reason of the appellant or a witness residing or
performing duties outside Australia or in a remote locality in Australia, or
by reason of the expense, inconvenience or delay that would result, it appears
to the Disciplinary Appeal Board hearing a disciplinary appeal that it is
undesirable to require the appellant or witness to attend before the Board to
give evidence at the hearing of the appeal, the Board may, by writing under
the hand of the Chairman of the Board, appoint a fit and proper person to take
the evidence of the appellant or witness.
(2) A person so appointed shall take the evidence of the appellant or
witness on oath or affirmation, and for that purpose shall have all the powers
of the Chairman of a Disciplinary Appeal Board.
(3) The appellant or the Commission shall be entitled to be represented by
counsel, a solicitor or agent before a person appointed under sub-regulation
(1) to take evidence for the purposes of the disciplinary appeal.
(4) Evidence taken under this regulation shall be certified under the hand
of the person taking it and forwarded by him to the Disciplinary Appeal Board
hearing the disciplinary appeal.
POSTAL SERVICES REGULATIONS - SECT. 24.
Copy documents to be furnished or inspected
24. (1) Copies of all documents intended to be used at the hearing of a
disciplinary appeal shall, where practicable, be furnished to the appellant by
the Commission not later than 7 days before the date fixed for the
commencement of the hearing.
(2) Where a copy of a document intended to be used at the hearing of a
disciplinary appeal is not furnished to the appellant in accordance with
sub-regulation (1), he is entitled to inspect that document.
POSTAL SERVICES REGULATIONS - SECT. 25.
Address of appellant unknown
25. If the address for the time being of an appellant is unknown to the
Commission and the Disciplinary Appeal Board hearing or to hear the
disciplinary appeal, all notices, orders or other documents that are required
under these Regulations to be furnished or given to the appellant shall be
posted to the last-known address of the appellant, and compliance with this
regulation shall be regarded as sufficient compliance with these Regulations.
POSTAL SERVICES REGULATIONS - SECT. 26.
Notification of finding
26. As soon as practicable after a disciplinary appeal has been heard by a
Disciplinary Appeal Board, the Chairman of the Board shall, in writing, notify
the Commission of the decision, and the Commission shall forthwith, in
writing, inform the appellant of the decision.
POSTAL SERVICES REGULATIONS - SECT. 27.
Officers' expenses
27. Where a disciplinary appeal is allowed by a Disciplinary Appeal Board,
the Board may recommend to the Commission that the Commission pay the
reasonable expenses, or a specified part of the reasonable expenses, incurred
by the appellant in relation to the appeal, and where the Board so recommends,
an amount equal to those expenses, or that part of those expenses, as the case
may be, shall be paid by the Commission to the appellant.
POSTAL SERVICES REGULATIONS - SECT. 28.
Witnesses' expenses
28. (1) A witness at the hearing of a disciplinary appeal, not being an
officer summoned on behalf of the Commission, shall, with the approval of the
Chairman of the Disciplinary Appeal Board hearing the appeal, be paid an
allowance by the Commission.
(2) The allowance referred to in sub-regulation (1) shall be an amount equal
to the amount of salary or wages lost by the witness for the day or days of
attendance at the hearing or, if the witness is not in receipt of salary or
wages, an amount which would be reasonable having regard to the occupation of
the witness and the time lost in attendance.
(3) Subject to sub-regulation (4), in addition to the allowance referred to
in sub-regulation (1), a witness shall be entitled to be paid the cost of his
conveyance to the hearing and reasonable travelling expenses.
(4) Subject to sub-regulation (5), the Commission shall not be required to
pay travelling expenses or any other expenses incurred by a witness summoned
by or on behalf of an appellant.
(5) Sub-regulation (4) does not apply in a case where the Disciplinary
Appeal Board hearing the disciplinary appeal finds that the appellant was
innocent of a charge made against him and the evidence given by the witness
summoned by or on behalf of the appellant was, in the opinion of the Chairman
of the Board, material.
(6) All claims for witnesses' expenses in connexion with the hearing of a
disciplinary appeal shall be submitted to the Chairman of the Disciplinary
Appeal Board hearing the appeal who shall furnish to the Commission
certificates as to attendance and such other particulars as may be necessary
to enable the Commission to assess the amounts to be paid under this
regulation.
POSTAL SERVICES REGULATIONS - SECT. 29.
Costs
29. If a Board is of the opinion that a disciplinary appeal was frivolous or
vexatious, it may order that the appellant pay to the Commission an amount to
be determined by the Board, such amount not to exceed the costs of the hearing
as assessed by the Board, and the amount so ordered to be paid shall be
recoverable from the appellant as a debt due to the Commission in any court of
competent jurisdiction or may be deducted from salary otherwise payable to the
appellant.
POSTAL SERVICES REGULATIONS - SECT. 30.
Application to employees
30. The provisions of this Part extend, with necessary changes, to and in
relation to an employee who-
(a) has been in continuous employ of the Commission for a period of not
less than one year; or
(b) has been engaged by the Commission to serve for a period of not less
than one year,
as if he were an officer.
POSTAL SERVICES REGULATIONS - SECT. 31.
Review Tribunals
PART V-REVIEWS UNDER DIVISION 5 OF PART V OF THE ACT
31. For the purposes of the reviews of decisions of the Commission under
section 58 or 59 of the Act, the Commission shall, from time to time, arrange
for the establishment of such Review Tribunals as are required.
POSTAL SERVICES REGULATIONS - SECT. 32.
Constitution of Tribunal
32. (1) A Review Tribunal shall, in relation to an application by an officer
for a review of a decision of the Commission under section 58 or 59 of the
Act, be constituted by-
(a) a Chairman, being a person who holds the office of Chairman of a
Promotions Appeal Board;
(b) an officer nominated by the Commission for the purposes of the review;
and
(c) an officer nominated, for the purposes of the review, by the
organization that is the appropriate organization in respect of the review.
(2) An officer shall not be nominated by the Commission as a member of a
Review Tribunal if that officer has been directly concerned with the decision
that is the subject of the review.
(3) Subject to sub-regulation (4), the appropriate organization for the
purposes of paragraph (1) (c) in respect of a review is the organization the
rules of which provide that officers of the class to which the officer
applying for the review belongs are eligible for membership of that
organization.
(4) Where each of 2 or more organizations has rules that provide that
officers of the class to which the officer applying for the review belongs are
eligible for membership of that organization, the appropriate organization for
the purposes of paragraph (1) (c) in respect of the review is the organization
the membership of which includes the larger or largest number of officers of
that class.
POSTAL SERVICES REGULATIONS - SECT. 33.
Application for review
33. An officer affected by a decision of the Commission under section 58 or
59 of the Act may, within 14 days after he receives notice of the decision,
apply in writing addressed to the person in charge of the office of a
Promotions Appeal Board for the State or Territory in which he performs his
duties for a review of the decision.
POSTAL SERVICES REGULATIONS - SECT. 34.
Proceedings before Tribunal
34. (1) A Review Tribunal shall undertake a full review of the decision of
the Commission under section 58 or 59 of the Act in relation to which the
application for the review was made.
(2) Subject to this Part, in the conduct of a review by a Review Tribunal-
(a) the Tribunal may inform itself in such manner as it thinks fit;
(b) the procedure to be followed is within the discretion of the Tribunal;
(c) the Tribunal is not bound by the rules of evidence; and
(d) the Tribunal shall proceed without regard to legal forms or
solemnities.
(3) A Review Tribunal shall, in conducting a review, take into account-
(a) whether it would be practicable and desirable to retrain the officer
for some other position in the Service; and
(b) whether it would be practicable and desirable to retain the officer in
the Service, having regard to the normal loss of staff employed by the
Commission.
POSTAL SERVICES REGULATIONS - SECT. 35.
Recommendation by Tribunal
35. (1) Where a Review Tribunal is of the opinion that any action taken
under section 58 or 59 of the Act should receive further consideration by the
Commission, it may recommend accordingly to the Commission and may advise the
Commission of any action which, in its opinion, should be taken by the
Commission in order to do justice to the merits of the application.
(2) The Commission shall, upon receipt of a recommendation and advice from a
Review Tribunal under sub-regulation (1), give further consideration to the
matter and may confirm the decision previously made by it or take such other
action as it considers appropriate to give effect to the recommendation or
advice of the Tribunal.
POSTAL SERVICES REGULATIONS - SECT. 35A.
Application of Division 6 of Part V of the Act to employees
PART VA-APPLICATION OF DIVISION 6 OF PART V OF THE ACT TO
EMPLOYEES
Part VA inserted by 1977 No. 53
Inserted by 1977, No. 53
35A. Division 6 of Part V of the Act applies to and in relation to an
employee who-
(a) has been in continuous employ of the Commission for a period of not
less than one year; or
(b) has been engaged by the Commission to serve for a period of not less
than one year,
subject to the following modifications and adaptions of the provisions of that
Division:
(c) subject to the succeeding paragraphs of this regulation, a reference in
that Division to an officer (other than a reference, however expressed, to an
officer acting on behalf of the Commission, to an officer authorized for the
purposes of sub-section 61 (3) of the Act, to an officer authorized for the
purposes of sub-section 61 (5) of the Act or to an officer referred to in
paragraph 66 (2) (b) of the Act) shall be read as a reference to an employee;
(d) the words "appointment to the Service" in paragraph 61 (1) (g) of the
Act shall be read as if the words "engagement as an employee" were
substituted;
(e) the words "his fellow officers" in sub-section 62 (1) of the Act
shall be read as if the words "of officers and his fellow employees" were
substituted;
(f) the words "appoint the person as an officer, without probation, to
fill" in sub-section 64 (3) and sub-paragraph 65 (7) (b) (i) of the Act shall
be read as if the words "engage the person as an employee to perform the
duties of" were substituted;
(g) a reference in that Division, however expressed, to the transfer of an
officer to a position shall be read as a reference to a direction to an
employee to perform the duties of that position;
(h) the words "reappoint the person as an officer and appoint him to" in
sub-section 67 (6) of the Act shall be read as if the words "re-engage the
person as an employee and direct him to perform the duties of" were
substituted.
POSTAL SERVICES REGULATIONS - SECT. 36.
Meaning of undeliverable postal article
PART VI-OPENING AND EXAMINATION OF POSTAL ARTICLES
36. In this Part, a reference to an undeliverable postal article is a
reference to a postal article that, without it first being opened in
accordance with this Part, cannot be delivered to the addressee or the person
for whom it is intended or returned to the sender.
POSTAL SERVICES REGULATIONS - SECT. 37.
Appointment of offices
37. The Commission shall nominate offices or places for the opening and
examination of postal articles in accordance with this Part.
POSTAL SERVICES REGULATIONS - SECT. 38.
Undeliverable postal articles
38. (1) Subject to sub-regulation (3), an undeliverable postal article shall
be opened and examined by 2 authorized persons.
(2) If, after opening and examining a postal article under sub-regulation
(1), the authorized persons are unable to ascertain the whereabouts of the
addressee or the person for whom the article is intended, or the address of
the sender, the article shall be dealt with in accordance with regulation 46.
(3) This regulation does not apply to a postal article posted as a
registered publication.
POSTAL SERVICES REGULATIONS - SECT. 39.
Undeliverable registered publications
39. An undeliverable postal article, being a postal article that was posted
as a registered publication, shall, unless the Commission ascertains the
whereabouts of the addressee or the person for whom it is intended, be dealt
with in accordance with regulation 46.
POSTAL SERVICES REGULATIONS - SECT. 40.
Articles posted in contravention of any Act or the By-laws
40. (1) A postal article that-
(a) was or may have been posted;
(b) was or may have been lodged for transmission by the courier service;
or
(c) contains or may contain a thing,
in contravention of the Act, these Regulations or the By-laws, or any other
Act or Regulations or By-laws made under that other Act, may be opened and
examined by 2 authorized persons.
(2) If, upon such an examination, the article is found to be a postal
article that was so posted or lodged or contains such a thing, the article
shall be dealt with in accordance with regulation 46.
POSTAL SERVICES REGULATIONS - SECT. 41.
Letters containing dutiable or prohibited goods
41. (1) A letter received from a country or place outside Australia, being a
letter that may contain goods-
(a) on which duties of customs are payable; or
(b) the importation of which is prohibited under a law of Australia,
shall, upon a request by the Commission, before delivery to the addressee, be
opened by the addressee or his representative in the presence of an authorized
person and an officer of Customs for examination by the officer of Customs.
(2) A letter posted in a postal receptacle or box or at any office of the
Commission for transmission to a country or place outside Australia, being a
letter that may contain goods-
(a) on which duties of customs are payable; or
(b) the exportation of which is prohibited under a law of Australia,
shall, upon a request by the Commission, before transmission to that country
or place, be opened by the sender or his representative in the presence of an
authorized person and an officer of Customs for examination by the officer of
Customs.
(3) A letter that is-
(a) received from a country or place outside Australia; or
(b) posted in a postal receptacle or box or at any office of the Commission
for transmission to a country or place outside Australia,
and bears on the envelope, wrapping or other cover a statement indicating that
the letter contains an enclosure on which duties of customs may be payable,
may be opened by an authorized person in the presence of an officer of Customs
for examination by the officer of Customs.
(4) Goods on which duties of customs are payable shall not be delivered or
transmitted, as the case may be, until the duty as assessed by an officer of
Customs has been paid.
(5) Where the addressee or his representative, or the sender or his
representative, as the case may be, fails to comply, within a reasonable time,
with a request by the Commission under this regulation, or refuses to pay duty
as so assessed, the goods on which duties of Customs are payable shall be
dealt with in accordance with regulation 46.
POSTAL SERVICES REGULATIONS - SECT. 42.
Dutiable postal articles other than letters
42. (1) A postal article (other than a letter)-
(a) that is received from a country or place outside Australia; or
(b) that is posted for transmission to a country or place outside
Australia,
being a postal article that may contain goods on which duties of customs are
payable, may be opened by an authorized person in the presence of an officer
of Customs for examination by the officer of Customs.
(2) Goods on which duties of Customs are payable shall not be delivered or
transmitted, as the case may be, until the duty as assessed by an officer of
Customs has been paid.
(3) Where the addressee or the sender of the article, as the case may be,
refuses to pay duty as so assessed, the goods shall be dealt with in
accordance with regulation 46.
POSTAL SERVICES REGULATIONS - SECT. 43.
Article posted free or at concessional rate, &c.
43. A postal article that is posted for transmission free of charge, at a
concessional rate of postage determined by the Commission or otherwise in
circumstances that require that it be open for inspection may, if it is sealed
against inspection, be opened and examined by an authorized person for the
purpose of ascertaining whether the requirements of the Act, these Regulations
and the By-laws in relation to the posting of the article have been complied
with.
POSTAL SERVICES REGULATIONS - SECT. 44.
Opening of broken articles, &c.
44. (1) A postal article the contents of which are leaking or escaping may
be opened and, if practicable, repacked by an authorized person.
(2) Where the outer envelope, wrapping or other cover of a postal article is
torn, broken or otherwise damaged, an authorized person may remove, restore,
replace or otherwise deal with the envelope, wrapping or other cover to
facilitate transmission of the article if practicable.
POSTAL SERVICES REGULATIONS - SECT. 45.
Certain overseas mail from Australian resident
45. Where a postal article received from a country or place outside
Australia was or may have been posted by or on behalf of a person who is a
resident of Australia-
(a) as part of a large quantity of similar postal articles that were
received from that country or place having been posted by or on behalf of that
person; or
(b) with a view to benefiting from rates of postage applicable to that
country or place, being rates that are lower than the rates of postage
determined by the Commission under sub-section 18 (1) or (2) of the Act,
the postal article may be opened and examined by 2 authorized persons.
POSTAL SERVICES REGULATIONS - SECT. 46.
Forfeiture and disposal of postal articles
46. (1) Subject to sub-regulation (2) and regulations 54 and 55, a postal
article or goods that is or are, under this Part, to be dealt with in
accordance with this regulation shall be dealt with as follows:
(a) if not found to be, or to contain, something of value-the article and
its contents, or the goods, shall be forfeited and shall be destroyed or
disposed of as the Commission directs;
(b) if found to be, or to contain, money-the article and its contents, or
the goods, shall be forfeited, the money shall be paid into the Consolidated
Revenue Fund and the remainder of the article and its contents, or goods,
shall be destroyed or disposed of as the Commission directs; or
(c) if found to be, or to contain, a valuable or saleable security or
item-the article and its contents, or the goods, shall be forfeited, the
security or item may be sold, converted into money or otherwise disposed of as
the Commission directs, the proceeds of any sale or conversion into money
shall be paid into the Consolidated Revenue Fund and the remainder of the
article and its contents, or goods, shall be destroyed or disposed of as the
Commission directs.
(2) Where a postal article or its contents may constitute evidence of the
commission of an offence against a law of Australia, the article and its
contents may be retained in such custody as the Commission directs until the
completion of any proceedings that have been or may be instituted in respect
of that offence.
POSTAL SERVICES REGULATIONS - SECT. 47.
Offences
47. (1) A person who opens or examines a postal article, not being a
registered publication, in accordance with this Part shall not disclose
information relating to the contents of the article to any person.
Penalty: $200 or imprisonment for 6 months, or both.
(2) Sub-regulation (1) does not prohibit the disclosure of any information
by a person-
(a) in the performance of his duties as an authorized person or as an
officer of Customs;
(b) as a witness summoned to give evidence or to produce documents in a
court; or
(c) in pursuance of the requirements of a law of Australia.
POSTAL SERVICES REGULATIONS - SECT. 48.
Notice of opening
48. Where-
(a) a postal article has been opened in accordance with this Part
(otherwise than by the addressee or his representative or by the sender or his
representative); and
(b) the article is to be delivered to the addressee or the person for whom
it is intended, or returned to the sender,
the Commission shall, before the article is so delivered or returned, as the
case may be, cause a notification that the article was so opened to be
endorsed on, or affixed to, the outside of the envelope, wrapping or other
cover of the article.
POSTAL SERVICES REGULATIONS - SECT. 49.
Goods for use of the blind
PART VII-MISCELLANEOUS
49. (1) For the purposes of paragraph 14 (5) (b) of the Act, a postal
article that contains-
(a) an aid for the teaching of Braille to the blind;
(b) a plate for embossing literature for the blind;
(c) special paper intended solely for the use of the blind; or
(d) any form of speech recording for the use of the blind,
and does not weigh more than 7 kilograms is a prescribed kind of postal
article for the use of the blind.
(2) For the purposes of paragraph 14 (5) (b) of the Act, Braille and Moon
postal articles and other postal articles referred to in sub-regulation (1)
shall be posted as follows:
(a) the article shall be sent by or addressed to a blind person or an
institution or organization recognized by the Commission as an institution or
organization that serves the needs of blind people;
(b) the envelope, wrapping or other cover of the article shall not be
sealed against postal inspection; and
(c) the words "Material for the use of the blind" or similar words, and
the name and address of the sender, shall appear on the outside of the
envelope, wrapping or other cover of the article.
POSTAL SERVICES REGULATIONS - SECT. 50.
Electoral papers
50. For the purposes of section 213 of the Commonwealth Electoral Act
1918-1975, the transmission through the post free of charge of all electoral
papers provided for by that Act is subject to the following conditions:
(a) the papers shall be transmitted to or from an electoral officer within
the meaning of that Act;
(b) the words "Electoral Papers Only, Post Free" or similar words shall
be endorsed on the envelope, wrapping or other cover in which the papers are
enclosed or, if the papers are not enclosed in an envelope, wrapping or other
cover, on the papers; and
(c) if the papers are transmitted from such an electoral officer-the name
and address of the electoral officer shall be endorsed on the envelope,
wrapping or other cover in which the papers are enclosed or, if the papers are
not enclosed in an envelope, wrapping or other cover, on the papers.
POSTAL SERVICES REGULATIONS - SECT. 51.
Powers relating to collection, &c., of postal articles
51. (1) Notwithstanding any provision in a law of a State or Territory, for
the purpose of-
(a) collecting postal articles from an office of the Commission or other
place at which postal articles may be posted or from which postal articles
transmitted through the post may be delivered, or from a receptacle or box for
the reception of postal articles; or
(b) delivering postal articles to an office of the Commission or other
place at which postal articles may be posted or from which postal articles
transmitted through the post may be delivered,
an officer or employee, or a contractor to the Commission or an employee of
such a contractor, may-
(c) stop, and leave standing, upon any street, road or other public place
any vehicle used by him for that purpose; and
(d) carry or place postal articles upon a street, road or other public
place or upon a footway (whether the footway is a public place or not).
(2) Sub-regulation (1) does not authorize an officer or employee, or a
contractor to the Commission or an employee of such a contractor, to refuse to
comply with a direction given to him by a member of the police force of a
State or Territory, being a direction with which the officer, employee,
contractor or employee of the contractor, as the case may be, is required by
the law of that State or Territory to comply.
POSTAL SERVICES REGULATIONS - SECT. 52.
Use of words ''Australia Post''
52. (1) The Commission may, in connexion with the performance of its
functions, operate under the name "Australia Post ".
(2) A person shall not assume or use the words "Australia Post" or any
words resembling those words in connexion with any trade, business, calling,
profession or undertaking or as the name or part of the name of any
institution, premises, vehicle, vessel or craft.
Penalty: $200.
(3) Without limiting the generality of sub-regulation (2), the words
"Australia Post" shall be deemed to have been assumed or used in connexion
with a trade, business, calling, profession or undertaking if-
(a) they are used as the name or part of the name of any firm or company
registered or incorporated in Australia; or
(b) they are applied (whether as a trade mark or otherwise) to any goods
manufactured, produced, sold or offered for sale.
(4) The Registrar of Trade Marks, the Registrar of Designs, or the authority
of a State or Territory who, under the law of that State or Territory,
performs functions relating to the incorporation or registration of companies
or business names, shall not register as a trade mark or as a design, or as
the name of or part of the name of a company, or as or as part of a business
name, as the case may be, the words the assumption or use of which would
constitute an offence against sub-regulation (2).
POSTAL SERVICES REGULATIONS - SECT. 53.
Prohibition on sending certain unsolicited matter
53. A person shall not knowingly send by post or by the courier service an
article consisting of or containing matter not solicited by the person to whom
the article is sent, being matter that advises, notifies or advertises the
existence or availability of matter of an indecent, obscene or offensive
nature.
Penalty: $200 or imprisonment for 6 months, or both.
POSTAL SERVICES REGULATIONS - SECT. 54.
Disposal of dangerous, &c., thing
54. A postal article that contains or may contain an article or thing that
is or could be explosive, dangerous or deleterious may be dealt with in such
manner as the Commission directs.
POSTAL SERVICES REGULATIONS - SECT. 55.
Disposal of physically offensive postal article
55. A postal article that is or has become physically offensive may be
destroyed by an authorized person forthwith.
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