Australian Postal Corporation Regulations (Amendment) 1994 No. 243
EXPLANATORY STATEMENT STATUTORY RULES 1994 No. 243
Issued by the authority of the Minister for Communications and the Arts
Australian Postal Corporation Act 1989
Australian Postal Corporation Regulations (Amendment)
Section 102(b) of the Australian Postal Corporation Act 1989 (the Act) provides that the Governor-General may make regulations required or permitted by this Act to be prescribed.
Subsection 92(1) of the Act prohibits an employee of Australia Post from disclosing any fact or document relating to:
the contents of articles carried by post;
postal or telecommunications services provided to another person by Australia Post; or
the affairs or personal particulars (including any address) of another person;
that has come to the employee's knowledge or possession as a consequence of the person's employment with Australia Post.
Subsection 92(2) provides that the prohibition on disclosure does not apply where the disclosure is made by an employee in the performance of his or her duties, as a witness summonsed to give evidence or to produce documents in a court of law, under the requirements of a law of the Commonwealth or in circumstances prescribed under paragraph 92(2)(d).
Regulation 20 of the Australian Postal Corporation Regulations (the Regulations) prescribes the following circumstances for the purposes of paragraph 92(2)(d):
a disclosure relating to services provided by Australia Post or the affairs or personal particulars of a person (but not the contents of postal articles) where the disclosure is made:
- to an authorised officer or employee of the Australian Security Intelligence Organization; or
- because it is reasonably necessary for the enforcement of a Commonwealth, State or Territory criminal law, a Commonwealth law imposing a pecuniary penalty or for the protection of the public revenue;
- a disclosure relating to the contents of postal articles:
- under a search warrant issued under a Commonwealth, State or Territory law; or
- in response to an order for production issued by the Crimes Commission or the Independent Commission Against Corruption of New South Wales or the Criminal Justice Commission of Queensland;
The Regulations were given a sunset period of 12 months, pending the passage of legislation to bring the Regulations into the Act. The sunset provision was included to comply with an undertaking made to the Senate Standing Committee on Regulations and Ordinances by the previous Minister for Land Transport, Bob Brown MP.
Regulation 20 was remade on 2 September 1993 extending the period until 30 June 1994. This extension was expected to be sufficient to allow the amendment of the Act.
The amendments to the Regulations extended the period of operation of Regulation 20 to 31 December 1994 to ensure that there is continued access to postal information for law enforcement matters, pending the Parliament's consideration of the proposed amendments to the Act in the Spring sittings of Parliament. The amending Regulations commenced on the date of Gazettal.
Overview
The Australian Postal Corporation Regulations (Amendment) 1994 No. 243 were enacted to address a gap in the Australian Postal Corporation Act 1989 by extending the sunset period of Regulation 20, which outlines exceptions to the prohibition on the disclosure of confidential information by Australia Post employees. The original Regulations were set to expire within a year, and the amendment was made to ensure continued access to postal information for law enforcement purposes. This amendment was issued under the authority of the Minister for Communications and the Arts, and it aimed to comply with a prior commitment to the Senate Standing Committee on Regulations and Ordinances. The extension to 31 December 1994 was intended to provide sufficient time for the Parliament to consider proposed amendments to the Act, ensuring that critical investigative and enforcement activities could proceed without interruption.
Scope and Application
The Australian Postal Corporation Regulations (Amendment) 1994 No. 243 amends the Australian Postal Corporation Regulations, which are made under the Australian Postal Corporation Act 1989. This legislation applies to employees of Australia Post, prohibiting them from disclosing confidential information obtained in the course of their employment, unless certain exceptions apply. These exceptions include disclosures made in the course of duties, under a court summons, or as required by law. The Regulations further detail specific circumstances where disclosure is permissible, such as to authorised officers of the Australian Security Intelligence Organisation or for the enforcement of criminal laws or the protection of public revenue. Additionally, the Regulations permit disclosures of postal article contents under a search warrant or in response to an order from specific anti-corruption bodies. The amended Regulations extend the operation of these provisions until 31 December 1994, providing a temporary measure until the Act is formally amended. The scope of these regulations is national, applying across all states and territories of Australia, and they are intended to balance the need for confidentiality with the requirements of law enforcement and national security.
Key Provisions
The Australian Postal Corporation Regulations (Amendment) 1994 No. 243 modifies the Australian Postal Corporation Regulations to extend the sunset period of Regulation 20. Regulation 20, as initially formulated, allowed specific circumstances under which employees of Australia Post could disclose certain types of information that they would otherwise be prohibited from disclosing under section 92 of the Australian Postal Corporation Act 1989. The amendment extends the operation of these regulations until 31 December 1994 to ensure continued access to postal information for law enforcement agencies and other specified purposes, while awaiting the passage of the necessary legislative changes. This extension provides a temporary solution to maintain the balance between privacy protections and the needs of law enforcement, pending the formal integration of these provisions into the Act.
Under the amended Regulation 20, employees of Australia Post are permitted to disclose certain types of information in specific circumstances. For instance, they can disclose information about postal services or personal particulars to authorised officers of the Australian Security Intelligence Organisation or for the enforcement of criminal laws or protection of public revenue. They can also disclose the contents of postal articles under a search warrant or in response to an order from specific investigative bodies such as the Crimes Commission or the Independent Commission Against Corruption of New South Wales. These exceptions are narrowly defined to ensure that the disclosure of sensitive information is tightly controlled and only permitted when absolutely necessary.
The Australian Postal Corporation Regulations (Amendment) 1994 No. 243 imposes several obligations on the employees of Australia Post. Primarily, it mandates that they must not disclose any information that comes to their knowledge in the course of their employment, unless specific exceptions apply. These exceptions are detailed and require careful adherence to ensure compliance. Employees must also ensure that any disclosures made are within the strict confines of the amended Regulation 20. Failure to comply with these obligations could result in serious repercussions, including disciplinary action from their employer and potential legal consequences.
Breaches of the provisions under section 92 of the Australian Postal Corporation Act 1989 can result in significant penalties. Employees found guilty of improperly disclosing information could face both civil and criminal consequences. Under the Act, such breaches can result in fines and imprisonment. The specific penalties are not detailed in the explanatory statement, but under Australian law, the severity of penalties can vary based on the nature and extent of the breach. The overarching goal of these provisions is to maintain the confidentiality of personal and sensitive information while allowing for necessary disclosures in specific, controlled circumstances.