EXPLANATORY STATEMENT
Statutory Rule 1989 No 174 Issued by the Authority of the Minister for Telecommunications and Aviation Support
Subject - Australian Postal Corporation Act 1989
Australian Postal Corporation Regulations.
The Postal Services Regulations under the Postal Services Act 1975 (the 1975 Act) included Part VI - “Opening, Examination, Repair and Disposal of Postal Articles”. Part VI dealt with the circumstances in which Australia Post examined and opened letters and other articles in the course of post.
The 1975 Act is repealed from 1 July by the Telecommunications and Postal Services (Transitional Provisions and Consequential Amendments Act 1989. Australia Post is continued in operation by the Australian Postal Corporation Act 1989 (the Corporation Act), which also operates from 1 July 1989. With the repeal of the 1975 Act the current Regulations cease to have effect.
Section 102 of the Corporation Act provides, as relevant, that the Governor-General may make regulations, including regulations with respect to:
• the arrangements for collecting duties of customs;
• dealing with articles which may contain goods on which customs duties are payable;
• the opening and examination of articles carried by post and their contents; and
• the forfeiture and destruction of articles carried by post.
Section 4 of the Acts Interpretation Act 1901 provides that where an Act, being an Act that is not to come into operation immediately upon its enactment, is expressed to confer power, among other things, to make regulations, that power may be exercised, and anything may be done for the purpose of enabling the exercise of the power before the Act comes into operation; the regulations come into operation on the day on which the Act comes into operation.
The Australian Postal Corporation Regulations repeat the substance of Part VI in the previous Regulations, with some minor modifications, to ensure the legal framework for the examination and opening of articles in the course of post continues beyond the repeal of the 1975 Act.
The Regulations provide restrictions on the examination and opening of articles in the course of post, except as provided. Articles can be opened:
(i) to gain sufficient information to deliver them when this would otherwise be impossible;
(ii) to supervise compliance with concessional rates;
(iii) to prevent Australian residents posting articles overseas to take advantage of lower rates of postage;
(iv) to supervise compliance with the payment of duties of customs and with laws relating to prohibited imports;
(v) to supervise compliance with other laws.
The Regulations set out rules about the places in which, and conditions under which, articles are examined and opened, and for dealing with articles after they have been examined.
Details of the proposed Regulations are set out in the Attachment.
Authorised by the Minister for Telecommunications and Aviation Support.
T
ATTACHMENT
Details of Australian Postal Corporation Regulations
Regulation 1 | | Citation |
Regulation 2 | | Provides for definitions, including: “authorised person” means a person authorised by Australia Post for the purposes of these Regulations “undeliverable article” - one which cannot be delivered or returned to sender unless it is opened |
Regulation 3 | | Restricts opening of articles or examination of their contents except as provided |
Regulation 4 | | Provides for articles to be opened in designated places, subject to some exceptions |
Regulation 5 | | Provides for examination of unopened articles by x-ray, metal detectors etc |
Regulation 6 | | Provides for opening of concessional articles to supervise compliance with terms and conditions, in the presence of an Australia Post employee or the sender |
Regulation 8 | | Empowers Australia Post to open overseas articles if there are reasonable grounds to suspect that an Australian resident is taking advantage of lower rates of postage |
Regulation 9 | | Provides for opening of articles for repair |
Regulation 10 | | Provides for opening and examination of articles where reasonable grounds exist for suspecting contravention of laws about Customs duties or prohibited imports |
| | Letters are opened by the addressee in the presence of an authorised person and an officer of Customs |
| | Other articles are opened by an authorised person in the presence of an officer of Customs |
Regulation 11 | | Provides for the opening of articles by an authorised person where reasonable grounds exist for suspecting contravention of laws other than those relating to duties of Customs and prohibited imports |
| | Provides for notice to be given to the addressee where contents are found to contravene a law and for the matter to be determined in a court of summary jurisdiction if that person wishes |
Regulation 12 | | Provides for forfeiture of articles to the Commonwealth where they have been found to have been posted in contravention of the law and for payment of the proceeds into Consolidated Revenue - articles which contravene laws about Customs duties or prohibited imports are dealt with under those laws |
| | Provides for articles and their contents which may constitute evidence against a law of the Commonwealth, or about which legal proceedings have been instituted, to be held in such custody as Australia Post directs |
Regulation 13 | | Provides for notice of opening to be endorsed on the cover before articles are returned to the course of post, unless the addressee already has information to that effect |
Regulation 14 | | Allows Australia Post direct how dangerous or possibly dangerous articles will be handled |
Regulation 15 | | Allows an authorised person to destroy or dispose of physically offensive articles |
Overview
The Australian Postal Corporation Act 1989 was enacted to provide a legal framework for the operations of Australia Post, replacing the previous Postal Services Act 1975. This Act was introduced to address the need for updated regulations governing the operations of postal services in Australia, including the handling and examination of postal articles. The Australian Postal Corporation Regulations were subsequently created to continue the legal framework for the examination and opening of articles in the course of post, following the repeal of the 1975 Act. The policy objective, as stated in the Act, is to ensure that the postal services continue to operate efficiently and in compliance with relevant laws, including customs duties and prohibited imports.
The Australian Postal Corporation Regulations, made under the authority of the Minister for Telecommunications and Aviation Support, set out restrictions on the examination and opening of articles in the course of post, except as provided by the Regulations. The Regulations specify the circumstances under which articles can be opened, such as to gain sufficient information for delivery, to supervise compliance with concessional rates, or to prevent Australian residents from taking advantage of lower rates of postage. The Regulations also provide rules for the examination and opening of articles, the handling of articles after examination, and the forfeiture of articles that contravene laws. These provisions ensure that Australia Post can continue to operate effectively while maintaining compliance with relevant laws and regulations.
Scope and Application
The Australian Postal Corporation Regulations, made under the Australian Postal Corporation Act 1989, apply to Australia Post and its authorised personnel, governing the circumstances under which postal articles can be opened, examined, repaired, or disposed of. These Regulations ensure continuity in the legal framework governing the handling of postal articles by establishing specific conditions and restrictions on the opening and examination of postal items, which now fall under the purview of the Australian Postal Corporation Act 1989 following the repeal of the 1975 Act. The Regulations provide exceptions to the general prohibition against opening postal articles, allowing such actions under specific circumstances, such as when necessary to deliver undeliverable articles, supervise compliance with concessional rates, prevent residents from taking advantage of lower overseas postage rates, or enforce compliance with customs duties and prohibited imports. Additionally, the Regulations outline the procedures for dealing with articles once opened, including forfeiture and destruction provisions, and mandate notification of the addressee when articles are opened. These regulations have a national reach as they govern the operations of Australia Post, which is a Commonwealth entity. The scope of the Regulations is further extended through subordinate instruments, which provide detailed operational guidelines and specific procedures to be followed in various scenarios.
Key Provisions
The Australian Postal Corporation Regulations, made under the Australian Postal Corporation Act 1989 (the Corporation Act), lay down the rules governing the examination and opening of articles carried by post by Australia Post. These Regulations ensure that the framework for handling postal articles remains consistent despite the repeal of the Postal Services Act 1975. Articles can be opened or examined under specific circumstances, such as when necessary to deliver undeliverable articles (Regulation 3), to supervise compliance with concessional rates (Regulation 6), or to prevent Australian residents from taking advantage of lower overseas postage rates (Regulation 8). The Regulations also outline the procedures for the examination of unopened articles using non-invasive methods like x-ray and metal detectors (Regulation 5) and the conditions under which articles can be opened to supervise compliance with Customs duties and prohibited imports (Regulations 9 and 10). Furthermore, the Regulations provide for the forfeiture of articles found to contravene laws and the payment of the proceeds into the Consolidated Revenue (Regulation 12).
The obligations imposed by the Regulations on Australia Post and its authorised personnel are stringent and detailed. They must ensure that the opening and examination of postal articles are conducted in designated places, with specific exceptions noted (Regulation 4). When articles are opened, they must be done in the presence of an authorised person, an officer of Customs, or the sender, depending on the nature of the article and the reason for opening (Regulations 6, 8, 9, 10, and 11). Australia Post must also provide notice to the addressee if the contents are found to contravene a law, and allow the matter to be determined in a court of summary jurisdiction if the addressee wishes (Regulation 11). Additionally, Australia Post is required to endorse a notice of opening on the cover of the article before it is returned to the course of post unless the addressee already has information to that effect (Regulation 13).
The Regulations impose various penalties and consequences for breaches. For instance, if articles are found to have been posted in contravention of the law, they can be forfeited to the Commonwealth, and the proceeds paid into the Consolidated Revenue (Regulation 12). Articles that constitute evidence in legal proceedings or about which legal proceedings have been instituted are to be held in custody as Australia Post directs (Regulation 12). The Regulations also provide for the destruction or disposal of physically offensive articles by an authorised person (Regulation 15). While specific monetary penalties are not detailed in the Regulations, breaches of these provisions could lead to legal action under the Corporation Act or other relevant legislation, potentially resulting in fines or other civil or criminal consequences.