Australian Postal Corporation
Amendment Act 1994
No. 142 of 1994
TABLE OF PROVISIONS
PART 1—PRELIMINARY
Section
1. Short title
2. Commencement
PART 2—AMENDMENT OF THE AUSTRALIAN POSTAL
CORPORATION ACT 1989
3. Principal Act
4. Interpretation—definitions
5. Repeal of section 6 and substitution of new section:
6. Interpretation—meaning of subsidiary
6. Specific postal and postal related powers
7. Role of the Board
8. Community service obligations
TABLE OF PROVISIONS—continued
Section
9. Insertion of new section:
28A. Australia Post may return letters received from foreign postal authorities
10. Insertion of new Division:
Division 1A—Performance standards and audits
28B. Interpretation
28C. Performance standards to be met by Australia Post
28D. Auditor-General to report on compliance with prescribed performance standards
28E. Service improvement plans
11. Services reserved to Australia Post etc.
12. Exceptions to reserved services
13. Actions for infringement of reserved services etc.
14. Terms and conditions generally
15. Insertion of new sections:
32A. Terms and conditions—bulk interconnection service
32B. Regulations may provide for inquiries into certain disputes about bulk interconnection services
32C. Terms and conditions—incoming overseas mail service
16. Certain postage charges subject to Ministerial review
17. Insertion of new section:
33A. Postage stamps not to be sold etc. for less than usual retail price
18. Minister may direct certain variations of corporate plans
19. General matters to be included in annual reports
20. Financial matters to be included in annual reports
21. Requirements for financial statements
22. Payments of dividends to Commonwealth
23. Interim dividends
24. Repeal of section 73 and substitution of new section:
73. Appointment of directors
25. Repeal of section 74 and substitution of new section:
74. Term of appointment
26. Termination of appointment
27. Appointment
28. Acting Managing Director
29. Insertion of new Part:
PART 7A—APPLICATION OF STATE AND TERRITORY LAWS
90A. Australia Post not entitled to immunities or privileges of Commonwealth
90B. Discriminatory laws do not apply
90C. State or Territory laws do not apply retrospectively before 1 January 1991
90D. Laws relating to buildings, structures and facilities do not apply
30. Insertion of new Part:
PART 7B—DEALING WITH ARTICLES AND THEIR CONTENTS
Division 1—Interpretation
90E. Definitions
90F. Meaning of “authorised ASIO officer”
90FA. Meaning of “authorised discloser”
90FB. Meaning of “authorised examiner”
Division 2—Limits on use or disclosure of information and documents
Subdivision A—Use or disclosure by current employees of Australia Post
90G. Application of Subdivision
TABLE OF PROVISIONS—continued
Section
90H. Prohibition on use or disclosure by current employees
90J. Permitted use or disclosure whether or not information or document is specially protected
90K. Extra situations in which use or disclosure is permitted if information or document is not specially protected
90L. Disclosure of personal information by consent
Subdivision B—Use or disclosure by former employees of Australia Post
90LA. Application of Subdivision
90LB. Prohibition on use or disclosure by former employees
90LC. Permitted use or disclosure whether or not information or document is specially protected
90LCA. Extra situations in which…
Overview
The Australian Postal CorporationAmendment Act 1994No. 142 of 1994 was enacted by the Parliament of Australia to amend the Australian Postal Corporation Act 1989 and Part VIIA of the Crimes Act 1914. The Act addresses issues related to the regulation of postal services in Australia, including the definition and scope of reserved postal services, the appointment and role of directors within Australia Post, and the powers and duties of the Board in relation to the performance and oversight of postal services. Additionally, the Act introduces new provisions regarding the regulation of dangerous or deleterious substances carried by post and updates the penalties for tampering with mail-bags and causing dangerous substances to be carried by post. The policy objective of the Act is to ensure the efficient and effective operation of Australia Post while maintaining public trust and safety.
Scope and Application
The Australian Postal Corporation Amendment Act 1994 (C2004A04815) amends the Australian Postal Corporation Act 1989 (APC Act) and the Crimes Act 1914. The Act applies to Australia Post, its employees, and to any other entities or individuals engaged in activities related to postal services within Australia. The geographic reach of the Act is nationwide, given that Australia Post operates throughout the country. The Act does not explicitly state exclusions or thresholds but it does specify certain exceptions and conditions under which certain provisions do not apply or are subject to modification. The application of the Act can be extended or restricted through subordinate instruments such as regulations and ministerial directions, particularly in areas such as performance standards, terms and conditions of services, and specific exemptions or approvals. For instance, the Act allows for regulations to provide for inquiries into certain disputes about bulk interconnection services and procedures for notifying and dealing with dangerous, offensive, or undeliverable postal articles.
Key Provisions
- The Australian Postal Corporation Amendment Act 1994 introduces significant changes to the Australian Postal Corporation Act 1989 and the Crimes Act 1914. Key provisions include amendments to the powers and obligations of Australia Post, the regulation of postal services, and the handling of dangerous or offensive articles. Section 6 of the Act amends the definition of "reserved services" to clarify Australia Post's exclusive rights to certain postal activities. Section 7 modifies the role of the Board, requiring them to operate in a manner that is both efficient and consistent with sound commercial practices. Section 8 redefines the community service obligations of Australia Post, focusing on the physical delivery of letters within and outside Australia.
- The Act also imposes specific obligations on Australia Post and related entities. For example, section 9 allows Australia Post to return letters received from foreign postal authorities under certain conventions, subject to ministerial direction. Section 28C mandates that the Auditor-General report annually on Australia Post's compliance with prescribed performance standards, which may relate to mail delivery frequency, speed, accuracy, or accessibility of post-boxes and offices. If Australia Post fails to meet these standards, they must prepare a service improvement plan, as outlined in section 28E.
- Violations of the Act can result in significant penalties. For instance, section 90H and section 90LB establish that unauthorised use or disclosure of information or documents by current or former employees, respectively, is an offence punishable by up to two years of imprisonment. Similarly, section 85L imposes a penalty of up to five years imprisonment for fraudulently opening or tampering with mail-bags, while section 85X sets penalties ranging from two to ten years imprisonment for causing dangerous or deleterious substances to be carried by post, depending on the category of the substance.
- Additionally, the Act includes provisions for civil and criminal consequences. Section 33A prohibits the sale of postage stamps below the usual retail price, with potential relief available to Australia Post through the Federal Court. Section 90N criminalises the unauthorised opening or examination of postal articles, with penalties of up to two years imprisonment for violations. Section 90ZC provides immunity from liability for Australia Post and its employees for actions taken in good faith under the Act.
- Area of Law
- Commercial Law
- Corporate Law & Governance
- Postal Services
- Instrument
- Act
- Concepts
- Commencement Provisions
- Regulatory Standards
- Compliance Obligations
- Prohibited Conduct
- Offence Provisions
- Licensing & Registration
- Enforcement Powers
