Postal Services Regulations (Amendment)

Legislation au C1977L00053 Regulations Not in force Legislative Instrument

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Statutory Rules

1977 No. 53

REGULATION UNDER THE POSTAL SERVICES ACT 1975.*

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Postal Services Act 1975.

Dated this twenty-first day of April, 1977.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

ERIC L. ROBINSON

Minister of State for Post and Telecommunications.

 

Amendment of the Postal Services Regulations†

After regulation 35 of the Postal Regulations the following Part is inserted:—

“ Part VA—Application of Division 6 of Part V of the Act to Employees

Application of Division 6 of Part v of the Act to employees.

“ 35a. Division 6 of Part V of the Act applies to and in relation to an employee who—

(a) has been in continuous employ of the Commission for a period of not less than one year; or

(b) has been engaged by the Commission to serve for a period of not less than one year,

subject to the following modifications and adaptions of the provisions of that Division:—

(c) subject to the succeeding paragraphs of this regulation, a reference in that Division to an officer (other than a reference, however expressed, to an officer acting on behalf of the Commission, to an officer authorized for the purposes of sub-section 61 (3) of the Act, to an officer authorized for the purposes of sub-section 61 (5) of the Act or to an officer referred to in paragraph 66 (2) (b) of the Act) shall be read as a reference to an employee;

(d) the words ‘ appointment to the Service ’ in paragraph 61 (1) (g) of the Act shall be read as if the words ‘ engagement as an employee ’ were substituted;

(e) the words ‘ his fellow officers ’ in sub-section 62 (1) of the Act shall be read as if the words ‘ of officers and his fellow employees ’ were substituted;

[[

* Notified in the Australian Government Gazette on 28 April 1977.

† Statutory Rules 1975, No. 130.


(f) the words ‘ appoint the person as an officer, without probation, to fill ’ in sub-section 64 (3) and sub-paragraph 65 (7) (b) (i) of the Act shall be read as if the words ‘ engage the person as an employee to perform the duties of’  were substituted;

(g) a reference in that Division, however expressed, to the transfer of an officer to a position shall be read as a reference to a direction to an employee to perform the duties of that position;

(h) the words ‘ reappoint the person as an officer and appoint him to ’ in sub-section 67 (6) of the Act shall be read as if the words ‘ re-engage the person as an employee and direct him to perform the duties of ’ were substituted.”.

Overview

Statutory Rules 1977 No. 53, made under the Postal Services Act 1975, addresses the need to clarify and adapt the provisions of Division 6 of Part V of the Act for employees of the Australian Postal Commission. Enacted by the Governor-General with the advice of the Federal Executive Council, this regulation aims to ensure that the relevant sections of the Act appropriately apply to employees who have been in continuous employment or engaged by the Commission for a period of at least one year. The policy objective is to streamline the regulatory framework governing the employment conditions and related provisions for these employees within the postal services sector.

Scope and Application

The Postal Services Regulations, as amended by Statutory Rules 1977 No. 53, introduce modifications to the application of Division 6 of Part V of the Postal Services Act 1975. Specifically, these regulations extend the provisions of Division 6 to employees of the Australian Postal Commission who have been continuously employed or engaged for a period of at least one year. This extension is subject to certain adaptations, such as reading references to officers as references to employees and modifying phrases related to appointments and transfers to align with employment contexts. The regulations are designed to ensure that the legal framework governing the conduct and duties of officers within the postal services sector is appropriately applied to the broader category of employees within the Commission. The reach of these amendments is confined to the Commonwealth of Australia and applies to the Postal Commission and its employees, without extending to other entities or jurisdictions.

Key Provisions

The Statutory Rules of 1977, No. 53, made under the Postal Services Act 1975, introduce significant modifications to the existing Postal Regulations, particularly in how they apply to employees of the Commission. Section 35a of these regulations specifies that Division 6 of Part V of the Act will now apply to employees who have been in continuous employment with the Commission for at least one year or who have been engaged for a period of not less than one year (35a(a), (b)). This application, however, comes with specific adaptations to how certain terms are interpreted in relation to employees. For instance, references to an "officer" in the Division are read as references to an "employee," except in certain specified contexts (35a(c)). Additionally, terms such as "appointment to the Service" are adapted to "engagement as an employee," and "his fellow officers" are expanded to "officers and his fellow employees" (35a(d), (e)). These changes ensure that the provisions governing officers are appropriately applied to employees within the context of their employment. The obligations imposed by these regulations on the Commission and its employees are primarily concerned with the interpretation and application of Division 6 of Part V of the Act. The Commission must ensure that its employees who meet the specified employment duration criteria are governed by the same rules as officers, with necessary adaptations to terminology and roles as outlined in the regulations (35a). Employees affected by these changes must comply with the adapted provisions, which may affect their duties, transfers, re-engagements, and other employment-related actions as specified in the regulations. Failure to comply with the provisions of these regulations may lead to legal consequences, although the specific penalties or consequences for breach are not detailed within the text provided. Generally, breaches of regulations made under the Postal Services Act 1975 can lead to a range of penalties, including fines, depending on the severity and nature of the breach. However, the exact penalties are not explicitly mentioned in the text, and further consultation of the primary Act or additional legal instruments may be required to understand the full scope of potential penalties.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.