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.
Overview
The Australian Postal Corporation Regulations (Amendment) Statutory Rule No. 431 of 1990, issued by the authority of the Minister for Transport and Communications, amends the Australian Postal Corporation Regulations to provide a continuing exemption for Australia Post from certain categories of State and Territory laws. This amendment responds to the need to protect Australia Post from being unfairly targeted or retrospectively affected by laws that would not apply to other entities. The primary objective of these amendments is to ensure Australia Post can operate without undue burden or discrimination from State and Territory laws, thereby facilitating its ability to deliver services effectively across Australia. This regulation is a continuation of the legislative intent outlined in Section 102 of the Australian Postal Corporation Act 1989, which empowers the Governor-General to make regulations to support the Act's provisions.
Scope and Application
The Australian Postal Corporation Regulations (Amendment) Statutory Rule No. 431 of 1990 amends the Australian Postal Corporation Regulations to provide Australia Post with ongoing exemptions from certain State and Territory laws, as authorised by Section 102 of the Australian Postal Corporation Act 1989. This regulation applies specifically to Australia Post, a Commonwealth entity, and modifies its exemption from State and Territory laws beyond the initial period outlined in the Act, which was set to expire on 31 December 1990. The amendments aim to safeguard Australia Post from discriminatory State and Territory laws, retrospective legislation, and laws affecting buildings, structures, and facilities used by Australia Post prior to 1 January 1991. Furthermore, the amendments also exempt Australia Post from occupational health and safety laws until Commonwealth legislation takes effect. These changes ensure that Australia Post is not subjected to disruptive compliance requirements during the transitional period when new Commonwealth laws are being implemented.
Key Provisions
The Australian Postal Corporation Regulations (Amendment) Statutory Rule No. 431 of 1990, issued under section 102 of the Australian Postal Corporation Act 1989, introduces amendments that primarily focus on exempting Australia Post from certain State and Territory laws. These amendments are designed to ensure that Australia Post is not subjected to discriminatory or retrospective laws, nor is it required to comply with certain building and occupational health and safety laws imposed by States and Territories. Clause 1 of the Statutory Rule specifies that the amendments will take effect on 1 January 1991.
Section 91(1) of the Act exempts Australia Post from State and Territory laws to which the Commonwealth is not subject, except for taxation, which Australia Post is liable for under section 63 of the Act. This exemption, however, was initially limited to the period from the commencement of the Act until 31 December 1990. The new amendments extend this exemption beyond the initial period. Specifically, proposed regulation 16 exempts Australia Post from laws that would discriminate against it, ensuring that it is not unfairly targeted by State and Territory laws for revenue-raising or other purposes. Regulation 17 provides an exemption from laws that would have retrospective operation, preventing new legal consequences from being attached to events that occurred before 1 January 1991.
Proposed regulation 18 offers an exemption from laws relating to buildings, structures, and facilities that were in use or under construction by Australia Post before 1 January 1991. This prevents State or Territory laws from imposing new conditions on these properties after that date. Finally, proposed regulation 19 exempts Australia Post from occupational health and safety laws, avoiding any conflict with forthcoming Commonwealth legislation expected to be enacted in the first half of 1991. This transitional exemption ensures that Australia Post does not face the burden of complying with two separate regimes during the interim period.
The amendments impose obligations on Australia Post to ensure it remains compliant with the new exemptions provided by the regulations. However, there are no direct obligations imposed on State and Territory governments under these regulations. In terms of consequences, the Statutory Rule does not explicitly mention any offences, penalties, or civil/criminal consequences for breaches. Instead, it focuses on providing clarity and protection for Australia Post from certain State and Territory laws, ensuring it can operate without the interference of these laws during the specified period.