EXPLANATORY STATEMENT
AUSTRALIAN POSTAL CORPORATION REGULATIONS (AMENDMENT)
Statutory Rule No. 431 of 1990
Issued by the Authority of the Minister for Transport and Communications
Section 102 of the Australian Postal Corporation Act 1989 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
Subsection 91(1) of the Act exempts Australia Post from any requirement, obligation, liability, penalty or disability under a law of a State or Territory to which the Commonwealth is not subject, other than taxation for which Australia Post is made liable by section 63 of the Act.
Subsection 91(2) of the Act provides that subject to the regulations, Australia Post’s exemption from State and Territory laws under subsection 91(1) applies only in relation to the period from the commencement of the Act to 31 December 1990.
The amendments to the Australian Postal Corporation Regulations will insert new headings in the Regulations to divide them into Parts and will insert a new Part in the regulations to provide a continuing exemption for Australia Post from certain categories of State and Territory laws.
The first category of State and Territory laws from which Australia Post will be exempt are laws which would so apply as to discriminate against Australia Post. The purpose of this exemption is to prevent Australia Post being targeted for revenue raising or other purposes by means of laws which apply exclusively to Australia Post. The exemption will prevent, for example, local government authorities using zoning and planning powers to place onerous obligations on Australia Post who, because of its community service obligations, is obliged to continue services to the local community.
The second category of State and Territory laws from which Australia Post will be exempt are laws in so far as they would have retrospective operation from a time earlier than 1 January 1991. This exemption applies the principle that a change in the law should not attach new legal consequences to facts or events that occurred before the law changed.
The third category of State and Territory laws from which Australia Post will be exempt are certain laws in relation to building, structures and facilities that are the property of Australia Post, where immediately before 1 January 1991 the building, structure or facility was occupied or in use by Australia Post or construction, alteration or demolition of it had commenced. The purpose of this exemption is to prevent State or Territory laws being used after 1 January 1991 to impose conditions on the use or construction of buildings, structures and facilities that Australia Post used or occupied prior to 1 January 1991, or had commenced to construct prior to that date when such conditions did not apply.
The fourth category of State and Territory laws from which Australia Post will be exempt are laws relating to occupational health and safety. An Occupational Health and Safety (Commonwealth Employment) Bill 1990 has been introduced in the Commonwealth Parliament and is expected to commence in the first half of 1991. That Bill, when enacted, will set out laws governing the occupational health and safety of employees of Australia Post as well as other Commonwealth employees. The exemption from State and Territory laws will prevent Australia Post suffering the disruption of attempting to comply with a regime of relevant State and Territory laws for a short period after 31 December 1990 before the new Commonwealth laws apply.
Details of the proposed Regulations are as follows:
Clause 1 provides that the amendments commence on 1 January 1991.
Clause 2 is a formal provision
Clause 3 inserts a new Part heading which indicates that regulations 1 and 2 of the Australian Postal Corporation Regulations concern preliminary matters.
Clause 4 inserts a new Part heading which indicates that regulations 3 to 15 of the Australian Postal Corporation Regulations mainly concern the opening of postal articles.
Clause 5 adds a new Part 3 at the end of the Australian Postal Corporation Regulations containing new regulations 16, 17, 18, and 19 which provide the exemptions for Australia Post from the application of State and Territory laws.
Proposed regulation 16 provides the exemption from laws discriminating against Australia Post.
Proposed regulation 17 provides the exemption from laws in so far as they operate retrospectively from a time earlier than 1 January 1991.
Proposed regulation 18 provides the exemption from laws relating to buildings, structures and facilities.
Proposed regulation 19 provides the exemption from laws relating to occupational health and safety.