Australian Postal Corporation (Performance Standards) Regulations 1998 (Amendment)

Administered by Department of Communications and the Arts

Legislation au F1998B00169 Regulations Not in force Legislative Instrument

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Australian Postal Corporation (Performance Standards) Regulations 1998 (Amendment) 1998 No. 183

EXPLANATORY MEMORANDUM

Statutory rules 1998 No. 183

Minute No. 16 of 1998        Minister for Communications, the Information Economy and the Arts

Subject:       Australian Postal Corporation Act 1989

Australian Postal Corporation (Performance Standards) Regulations 1998 (Amendment)

Section 102 of the Australian Postal Corporation Act 1989 (the Act) provides that the GovernorGeneral may make regulations prescribing matters required or permitted by the Act to be prescribed.

Section 28C of the Act provides for the making of regulations to prescribe performance standards to be met by Australia Post. The performance standards must relate to:

*       the frequency, speed or accuracy of mail delivery; or

*       the availability or accessibility of post-boxes or other mail lodgment points, or offices of Australia Post or other places from which Australia Post products or services may be purchased.

The purpose of the Australian Postal Corporation (Performance Standards) Regulations 1998 is to reinforce the importance of Australia Post's universal service obligations, and to provide a legislative mechanism for monitoring and improving performance.

There are to be four separate standards, dealing with: frequency of delivery, accuracy and speed of delivery, mail lodgment points, and retail outlets.

The Australian Postal Corporation (Performance Standards) Regulations 1998, which were approved on 20 May 1998, commence on 1 July 1998.

Under Regulation 9 of the Australian Postal Corporation (Performance Standards) Regulations 1998, Australia Post is required to make a selection of its products and services available for purchase at each of the retail outlets. At least half of the retail outlets must be located in zones classified as rural or remote in the report titled 'Rural Remote and Metropolitan Areas Classification 1991 Census Edition' published by the Department of Primary Industries and Energy and the Department of Human Services and Health in November 1994. Further, at least 90% of residences in metropolitan areas must be within 2.5 kilometres of a retail outlet, and an average of at least 85% of residences in rural or remote zones must be within 7.5 kilometres of a retail outlet.

The purpose of this proposed Regulation is to amend Regulation 9 to ensure that a minimum of 2500 retail outlets are located in zones classified as rural or remote in the report titled 'Rural, Remote and Metropolitan Areas. Classification 1991 Census Edition' published by the Department of Primary Industries and Energy and the Department of Human Services and Health in November 1994.

Details of the proposed Australian Postal Corporation (Performance Standards) Regulations 1998 (Amendment) are set out in the Attachment.

The proposed Regulations will commence on 1 July 1998.

The minute recommends that the Regulations be made in the form proposed.

Authority:       Section 102 of the Australian

       Postal Corporation Act 1989

ATTACHMENT

Regulation 1: Commencement

This provision states that the proposed Regulations will commence on 1 July 1998.

Regulation 2: Amendment

This provision states that the proposed regulations amend the Australian Postal Corporation (Performance Standards) Regulations 1998.

Regulation 3: (Commencement)

This provision inserts a proposed note in regulation 2 of the Australian Postal Corporation (Performance Standards) Regulations 1998 which states that it is the intention of the Commonwealth Government to review the regulations before 1 July 2001.

Regulation 4: Retail Outlets

This provision omits subregulation 9(2) and replaces it with a proposed regulation which prescribes that the minimum number of outlets in rural or remote zones must be not fewer than 2,500 retail outlets and at least 50% of all retail outlets in operation.

 

Overview

The Australian Postal Corporation (Performance Standards) Regulations 1998 (Amendment) 1998 No. 183 was introduced to enhance the existing performance standards for Australia Post, specifically targeting improvements in the availability and accessibility of its services in rural and remote areas. Enacted under the authority of Section 102 of the Australian Postal Corporation Act 1989, the amendment sought to address gaps in service provision by ensuring a more robust legislative framework for monitoring and enforcing service standards. The policy objective was to reinforce the universal service obligations of Australia Post, ensuring that all Australians, regardless of their geographic location, have adequate access to postal services. The regulation was approved by the Minister for Communications, the Information Economy and the Arts and took effect on 1 July 1998, amending Regulation 9 to mandate a minimum of 2,500 retail outlets in rural or remote zones, thus enhancing the accessibility of postal services in these areas.

Scope and Application

The Australian Postal Corporation (Performance Standards) Regulations 1998 (Amendment) 1998 No. 183 applies to Australia Post, the entity responsible for providing postal services across Australia. The amendment to these regulations seeks to enhance the performance standards that Australia Post must meet, particularly in terms of the availability and accessibility of its retail outlets in rural and remote areas. This legislative instrument amends the original 1998 regulations by increasing the minimum number of retail outlets required in rural and remote zones from half of the total number of outlets to a specific minimum of 2500 outlets. This adjustment aims to reinforce the importance of Australia Post's universal service obligations, ensuring broader accessibility to postal services across the country. The amendment reflects the Commonwealth's commitment to maintaining equitable service provision, regardless of geographic location, and is designed to ensure that at least 50% of all retail outlets are situated in these designated zones. The regulations, which come into effect on 1 July 1998, are intended to be reviewed before 1 July 2001, providing an opportunity to reassess and potentially revise the standards as needed.

Key Provisions

The Australian Postal Corporation (Performance Standards) Regulations 1998 (Amendment) 1998 No. 183 provide modifications to the existing performance standards that Australia Post must meet. These amendments are primarily concerned with the availability of retail outlets in rural and remote areas. Regulation 4 replaces the previous requirement with a new standard stipulating that there must be at least 2,500 retail outlets in rural or remote zones, and these outlets must constitute at least 50% of all retail outlets in operation (Reg. 4). This change aims to ensure a more robust network of retail services in less populated areas. Australia Post has specific obligations under these regulations. They must ensure that at least 90% of residences in metropolitan areas are within 2.5 kilometres of a retail outlet, and an average of at least 85% of residences in rural or remote zones must be within 7.5 kilometres of a retail outlet (Reg. 9). Furthermore, Australia Post is required to make a selection of its products and services available for purchase at each retail outlet (Reg. 9). These obligations are intended to uphold the universal service obligations and maintain high standards of service across all areas. Failure to comply with the performance standards set out in these regulations can have legal consequences. Although specific penalties are not detailed in the provided text, breaches of postal service regulations typically attract fines or other penalties under the Australian Postal Corporation Act 1989. These penalties serve as a deterrent against non-compliance and ensure that Australia Post meets the standards expected of it in providing postal services. The Australian Postal Corporation (Performance Standards) Regulations 1998 (Amendment) 1998 No. 183 aim to reinforce Australia Post's commitment to providing reliable and accessible postal services, particularly in rural and remote areas. By setting specific standards for the frequency, speed, and accuracy of mail delivery, as well as the availability of post-boxes, mail lodgment points, and retail outlets, the regulations help ensure that all Australians have access to essential postal services. These amendments, effective from 1 July 1998, are part of a broader effort to review and improve the performance of Australia Post, ensuring it meets the needs of the community it serves.

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