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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Postal
Services Legislation Amendment Bill 2000
No.
, 2000
(Communications, Information Technology and the
Arts)
A Bill for an Act to amend
legislation relating to postal services, and for related
purposes
ISBN: 0642 430721
Contents
Administrative Decisions (Judicial Review) Act
1977 25
Archives Act
1983 25
Australian Security Intelligence Organisation Act
1979 25
Commonwealth Borrowing Levy Act
1987 26
Commonwealth Electoral Act
1918 27
Crimes Act
1914 27
Criminal Code Act
1995 28
Customs Act
1901 28
Evidence Act
1995 28
Financial Transaction Reports Act
1988 29
Freedom of Information Act
1982 29
Navigation Act
1912 29
Occupational Health and Safety (Commonwealth Employment) Act
1991 30
Protection of Movable Cultural Heritage Act
1986 30
Sea Installations Act
1987 30
Part 1—Amendment of the Trade Practices Act
1974 31
Part 2—Transitional
provisions 91
A Bill for an Act to amend legislation relating to postal
services, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Postal Services Legislation Amendment Act
2000.
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(2) The following provisions (the proclamation provisions)
commence on a day to be fixed by Proclamation:
(a) Divisions 3, 4 and 5 of Part 2;
(b) Part 3;
(c) Schedule 1 (other than items 1 and 2);
(d) Schedule 3 (other than items 18, 22, 23, 24 and 25);
(e) Schedule 4.
(3) However, if the proclamation provisions do not commence under
subsection (2) within the period of 6 months beginning on the day on which this
Act receives the Royal Assent, those provisions commence on the first day after
the end of that period.
(4) Items 1 and 2 of Schedule 1 commence immediately after the later
of:
(a) the commencement of item 3 of Schedule 1; and
(b) the commencement of item 1 of Schedule 1 to the Customs Legislation
Amendment (Criminal Sanctions and Other Measures) Act 2000.
(5) Schedule 2 commences immediately after the commencement of item 2 of
Schedule 1.
(6) Items
18, 22, 23, 24 and 25 of Schedule 3 commence on the later of the
following:
(a) the commencement of item 1 of Schedule 3;
(b) immediately after the commencement of section 1 of the Criminal
Code Amendment (Theft, Fraud, Bribery and Related Offences) Act
2000.
Subject to section 2, each Act that is specified in a Schedule to this
Act is amended or repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect according to
its terms.
This Act binds the Crown in each of its capacities.
This Act extends to all the external Territories.
This Act applies both in and outside Australia.
In this Part, unless the contrary intention appears:
ASIC means the Australian Securities and Investments
Commission.
Australian Postal Corporation Limited means the body
corporate referred to in Part 2 of the Australia Post Act (as in force
immediately before the conversion time) as continued in existence by
registration under the Corporations Law as mentioned in section 10 of this
Act.
Australia Post means the body corporate referred to in Part 2
of the Australia Post Act (as in force immediately before the conversion
time).
Australia Post Act means:
(a) in relation to a time (the time) before the conversion
time—the Australian Postal Corporation Act 1989 as in force at the
time; and
(b) in relation to a time (the time) at or after the
conversion time—the Australian Postal Corporation Limited Act 1989
as in force at the time.
Note: Item 2 of Schedule 1 changes the short title of the
Australian Postal Corporation Act 1989 to the Australian Postal
Corporation Limited Act 1989.
commencing time means the beginning of the day on which this
Act receives the Royal Assent.
conversion time means the time when Division 3 of Part 2
commences.
(1) As soon as possible after the commencing time, Australia Post must
apply to ASIC under Part 5B.1 of the Corporations Law to register Australia Post
as a public company limited by shares.
(2) Australia Post is authorised to make the application.
(3) The application must be lodged with an office of ASIC in the
Australian Capital Territory.
(4) The application must be accompanied by a copy of the proposed
constitution for Australia Postal Corporation Limited. The proposed constitution
must first be approved in writing by the Minister.
(5) The following provisions of the Corporations Law do not apply in
relation to the application:
(a) paragraphs 601BC(2)(e) and (l);
(b) subsection 601BC(4);
(c) paragraphs 601BC(6)(a), (d) and (e);
(d) paragraphs 601BC(8)(a) and (f).
(1) From a time (the time) that is immediately before the
conversion time, Australia Post is to have a share capital equal to the capital
of Australia Post at the time.
(2) The share capital is divided into 400 shares.
(1) At the conversion time, ASIC is taken to have registered Australia
Post under section 601BD of the Corporations Law:
(a) as a public company limited by shares; and
(b) with the name “Australian Postal Corporation
Limited”.
The registration is taken to have occurred on the day on which the
conversion time occurred.
(2) ASIC must issue a certificate and ACN under section 601BD of the
Corporations Law in respect of the registration.
Nothing in this Part prevents any of the following after the conversion
time:
(a) a variation of the share capital of Australian Postal Corporation
Limited;
(b) a change in name of Australian Postal Corporation Limited;
(c) a change in the structure or constitution of Australian Postal
Corporation Limited.
(1) At the conversion time, the shares in Australian Postal Corporation
Limited are taken to be issued, as fully paid, to the Commonwealth.
(2) The Commonwealth:
(a) becomes a member of Australian Postal Corporation Limited by force of
this section, and is taken to have consented to become a member; and
(b) is entitled to the same rights, privileges and benefits in respect of
that membership as if it had become a member under the constitution of
Australian Postal Corporation Limited; and
(c) is subject to the same duties, liabilities and obligations in respect
of that membership as if it had become a member under the constitution of
Australian Postal Corporation Limited.
No tax is payable under a law of a State or Territory in respect of the
operation of this Part or giving effect to this Part.
For the purposes of the Income Tax Assessment Act 1936 and the
Income Tax Assessment Act 1997, at all times before the application of
subsection 12(1) of this Act Australian Postal Corporation Limited is taken to
have had a share capital, all the issued shares in which were beneficially owned
by the Commonwealth.
The Minister must cause a copy of Australian Postal Corporation
Limited’s constitution to be laid before each House of the Parliament
within 15 sitting days of that House after the registration of Australia Post
under the Corporations Law as mentioned in section 10 of this Act.
For the purposes of the Corporations Law:
(a) the accounting records kept by Australia Post before the conversion
time under section 20 of the Commonwealth Authorities and Companies Act
1997 are to be treated as financial records of Australian Postal Corporation
Limited; and
(b) the financial statements contained in an annual report prepared by
Australia Post under section 9 of the Commonwealth Authorities and Companies
Act 1997 in relation to a financial year ending before the conversion time
are to be treated as a financial report of Australian Postal Corporation Limited
for that financial year.
(1) The Governor-General may make regulations prescribing
matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.
(2) In particular, regulations may be made for matters of a transitional
or saving nature arising from the amendments made by this Act.
1 At the end of the title
Add “Limited”.
2 Section 1
After “Corporation”, insert
“Limited”.
3 Section 3 (definition of Australia
Post)
Repeal the definition, substitute:
Australia Post means:
(a) in relation to a time before the conversion time—the body
corporate referred to in Part 2 (as in force at the earlier time); and
(b) in relation to a time at or after the conversion time—that body
as continued in existence by registration under the Corporations Law as
mentioned in section 10 of the Postal Services Legislation Amendment Act
2000.
4 Section 3 (definition of
Board)
Repeal the definition.
5 Section 3 (definition of
borrow)
Repeal the definition.
6 Section 3
Insert:
carried by ordinary post: an article is carried by
ordinary post if it is carried by post by physical means in a way that does not
involve the supply of a special service for which a special fee is payable for
carrying the article.
7 Section 3
Insert:
carried by post: an article is carried by post if it is
carried by Australia Post.
8 Section 3 (definition of carry by
post)
Repeal the definition.
9 Section 3 (definition of
Chairperson)
Repeal the definition.
10 Section 3
Insert:
conversion time means the time when Australia Post is taken
to be registered as a company under Part 5B.1 of the Corporations Law, in
accordance with section 10 of the Postal Services Legislation Amendment Act
2000.
11 Section 3 (definition of Deputy
Chairperson)
Repeal the definition.
12 Section 3 (definition of
director)
Repeal the definition.
13 Section 3
Insert:
GST has the same meaning as in the A New Tax System (Goods
and Services Tax) Act 1999.
14 Section 3 (definition of
letter)
Repeal the definition, substitute:
letter means:
(a) a written communication (whether enclosed or unenclosed) that is
directed to a particular person or address and, if the communication is
enclosed, includes any envelope, packet, parcel, container or wrapper that
encloses it; or
(b) a standard postal article.
15 Section 3 (definition of Managing
Director)
Repeal the definition.
16 Section 3 (definition of ordinary
post)
Repeal the definition.
17 Section 3 (definition of
postage)
Repeal the definition, substitute:
postage, in relation to a postal article, means the amount
(including any GST and any special fee) payable in respect of the carriage of
the article by or through Australia Post.
18 Section 3 (definition of
subsidiary)
Repeal the definition.
19 Section 3 (definition of the letter
service)
Repeal the definition.
20 Sections 4, 5 and 6
Repeal the sections.
21 Part 2
Repeal the Part.
22 Saving
Despite the repeal of subsection 24(2) of the Australian Postal
Corporation Act 1989 (as in force immediately before the commencement of
item 2), that subsection continues to apply in relation to acts and things done
by the Managing Director before the commencement of item 21 as if the repeal had
not been made.
23 Sections 25 and 26
Repeal the sections.
24 Section 27
Repeal the section, substitute:
(1) This section sets out Australia Post’s community service
obligations.
(2) Australia Post must, by physical means, carry in Australia letters
that Australia Post has the exclusive right to carry.
Note: See sections 29 and 30 to work out when Australia Post
has the exclusive right to carry a letter.
(3) Australia Post must, by physical means, carry in Australia letters
that Australia Post would have the exclusive right to carry if the reference in
paragraph 30(1)(a) to “50 grams” were a reference to “250
grams”.
(4) Australia Post must, by physical means, carry in Australia letters
that:
(a) originate outside Australia; and
(b) are for delivery in Australia; and
(c) weigh 250 grams or less;
unless the carriage is covered by a paragraph of subsection 30(1) (other
than paragraph 30(1)(a)).
(5) Australia Post must, by physical means, carry in Australia letters
that:
(a) originate in Australia; and
(b) are for delivery outside Australia; and
(c) weigh 250 grams or less;
unless the carriage is covered by a paragraph of subsection 30(1) (other
than paragraph 30(1)(a)).
(6) Australia Post must have a single uniform postage for letters
that:
(a) are standard postal articles; and
(b) Australia Post is obliged to carry under subsection (2) or (3);
and
(c) are to be carried by ordinary post.
(7) Australia Post must ensure:
(a) that the services that Australia Post is obliged to provide under this
section are made reasonably accessible to all people in Australia on an
equitable basis, wherever they reside or carry on business; and
(b) that Australia Post’s performance in providing those services
reasonably meets the social, industrial and commercial needs of the Australian
community.
(8) In this section:
Australia includes Christmas Island and Cocos (Keeling)
Islands, but does not include any other external Territory to which this Act
extends.
25 Paragraph 28(a)
Repeal the paragraph, substitute:
(a) any general policies of the Commonwealth Government of which Australia
Post is notified under section 43 of the Commonwealth Authorities and
Companies Act 1997; and
26 Paragraph 28(b)
Repeal the paragraph.
27 Subsection 28A(3)
Omit “the Board”, substitute “Australia
Post”.
28 Subsection 28A(4)
Repeal the subsection, substitute:
(4) Australia Post must ensure that it complies with any directions under
subsection (3).
29 Subsections 29(1) and
(2)
Repeal the subsections, substitute:
(1) Subject to section 30, Australia Post has the exclusive right to carry
letters in Australia if those letters:
(a) originate in Australia; and
(b) are for delivery in Australia.
(2) For the purposes of subsection (1), a letter is taken to originate in
Australia if:
(a) some or all of the content or information in the letter is generated
in Australia through an enterprise carried on in Australia; and
(b) the content or information is sent outside Australia for the purpose,
or for purposes including the purpose, of avoiding the reserved
services.
(2A) For the purposes of subsection (2), an enterprise carried on in
Australia means an enterprise (within the meaning of the A New Tax
System (Goods and Services Tax) Act 1999) that is carried on
through:
(a) a permanent establishment (as defined in subsection 6(1) of the
Income Tax Assessment Act 1936) in Australia; or
(b) a place that would be such a permanent establishment in Australia if
paragraph (e), (f) or (g) of that definition did not apply.
30 Paragraph 30(1)(a)
Omit “250”, substitute “50”.
31 Paragraph 30(1)(e)
Repeal the paragraph, substitute:
(e) the carriage of a letter within Australia for an amount (including GST
and any special fee) that is at least the postage for the carriage within
Australia of a standard postal article by ordinary post;
32 Paragraph 30(1)(ha)
Omit all the words after “bulk”, substitute “service
(within the meaning of subsection (1BA))”.
33 After paragraph
30(1)(ha)
Insert:
(hb) the carriage of a letter to a person for the purpose of the person or
another person carrying the letter to an office of Australia Post where it is
then lodged for delivery under a bulk service (within the meaning of subsection
(1BA));
34 After subsection 30(1A)
Insert:
(1BA) For the purposes of paragraphs (1)(ha) and (hb), a bulk
service is a service provided by Australia Post under which bulk
quantities of letters are delivered in Australia at reduced rates if:
(a) they are lodged at the office of Australia Post specified in the terms
and conditions of the service; and
(b) before being lodged, they have been sorted in accordance with the
terms and conditions of the service.
35 Division 1 of Part 4
(heading)
Repeal the heading.
36 Sections 32, 32A, 32B and
32D
Repeal the sections.
37 Saving
Despite the repeal of section 32 of the Australian Postal Corporation
Act 1989 (as in force immediately before the commencement of item 2), the
terms and conditions determined by the Board under that section that are in
force immediately before the commencement of item 36 continue in force after the
commencement of item 36 as if they were determined by Australian Postal
Corporation Limited.
38 Section 33
Repeal the section, substitute:
(1) This section applies to the postage for the carriage within Australia
of standard postal articles by ordinary post.
(2) Before fixing or varying the postage, Australia Post must give the
Minister written notice of the proposed postage.
(3) The Minister may, within 30 days after receiving notice of the
proposed postage, give Australia Post written notice disapproving it.
(4) In exercising powers under subsection (3), the Minister must have
regard to:
(a) Australia Post’s obligations under this Act; and
(b) changes in the Consumer Price Index as published by the Australian
Statistician from time to time; and
(c) any other matters the Minister considers appropriate.
(5) Australia Post may fix or vary the postage only if:
(a) 30 days have elapsed since the Minister received notice of the
proposed postage; and
(b) the Minister has not, within that period, given Australia Post a
notice disapproving it.
39 Subsection 34(1)
Omit all the words after “letter” (first occurring), substitute
“that Australia Post is obliged to carry under section
27”.
40 Subsection 34(2)
Omit “article”, substitute “letter”.
41 Divisions 2 and 3 of Part
4
Repeal the Divisions.
42 Parts 5, 6 and 7
Repeal the Parts.
43 Savings
(1) In this item, the Australia Post Act means the
Australian Postal Corporation Act 1989 as in force immediately before the
commencement of item 2.
(2) An appointment of a director under section 73, or of the Managing
Director under section 83, of the Australia Post Act that is in force
immediately before the commencement of item 42 has effect, after the
commencement of that item, as if it were an appointment under Part 2D.3 of the
Corporations Law.
(3) The remuneration that is payable to a director under section 76 of the
Australia Post Act continues to be payable, after the commencement of item 42,
as if it were the remuneration determined by Australian Postal Corporation
Limited.
(4) The terms and conditions on which a director holds office under section
80 of the Australia Post Act that are in force immediately before the
commencement of item 42 continue to apply, after the commencement of that item,
as if they were the terms and conditions determined by Australian Postal
Corporation Limited.
(5) The terms and conditions on which the Managing Director holds office
under section 86 of the Australia Post Act that are in force immediately before
the commencement of item 42 continue to apply, after the commencement of that
item, as if they were the terms and conditions determined by Australian Postal
Corporation Limited.
(6) The terms and conditions of employment determined by Australia Post
under subsection 89(2) of the Australia Post Act that are in force immediately
before the commencement of item 42 continue to apply, after the commencement of
that item, as if they were the terms and conditions determined by Australian
Postal Corporation Limited.
44 Part 7A (heading)
Repeal the heading, substitute:
45 Section 90A
Repeal the section, substitute:
Australia Post is taken for the purposes of the laws of the Commonwealth,
a State or a Territory:
(a) not to have been incorporated or established for a public purpose or
for a purpose of the Commonwealth; and
(b) not to be a public authority or an instrumentality or agency of the
Crown; and
(c) not to be entitled to any immunity or privilege of the
Commonwealth;
except so far as express provision is made by this Act or any other law of
the Commonwealth, a State or a Territory.
46 After paragraph
90J(6)(b)
Insert:
(ba) the National Crime Authority (State Provisions) Act 1984 of
New South Wales; or
(bb) the National Crime Authority (State Provisions) Act 1984 of
Victoria; or
47 After paragraph
90J(6)(c)
Insert:
(ca) the National Crime Authority (State Provisions) Act 1985 of
Queensland; or
(cb) the National Crime Authority (State Provisions) Act 1985 of
Western Australia; or
(cc) the National Crime Authority (State Provisions) Act 1984 of
South Australia; or
(cd) the National Crime Authority (State Provisions) Act 1985 of
Tasmania; or
(ce) the National Crime Authority (State Provisions) Act 1991 of
the Australian Capital Territory; or
(cf) the National Crime Authority (State Provisions) Act 1985 of
the Northern Territory; or
48 After paragraph
90LC(5)(b)
Insert:
(ba) the National Crime Authority (State Provisions) Act 1984 of
New South Wales; or
(bb) the National Crime Authority (State Provisions) Act 1984 of
Victoria; or
49 After paragraph
90LC(5)(c)
Insert:
(ca) the National Crime Authority (State Provisions) Act 1985 of
Queensland; or
(cb) the National Crime Authority (State Provisions) Act 1985 of
Western Australia; or
(cc) the National Crime Authority (State Provisions) Act 1984 of
South Australia; or
(cd) the National Crime Authority (State Provisions) Act 1985 of
Tasmania; or
(ce) the National Crime Authority (State Provisions) Act 1991 of
the Australian Capital Territory; or
(cf) the National Crime Authority (State Provisions) Act 1985 of
the Northern Territory; or
50 Application
The amendments made by items 46, 47, 48 and 49 apply to information and
documents that are acquired or received before, on or after the commencement of
those items.
51 Paragraph 90N(1)(b)
Omit “the Board”, substitute “Australia
Post”.
52 Paragraph 90Q(3)(c)
Omit “determined under section 32”, substitute “on which
Australia Post supplies postal services”.
53 Section 90Z
Omit “determined under section 32”, substitute “on which
Australia Post supplies postal services”.
54 Sections 93 to 97
Repeal the sections.
55 Savings
(1) In this item, the Australia Post Act means the
Australian Postal Corporation Act 1989 as in force immediately before the
commencement of item 2.
(2) Despite the repeal of section 95 of the Australia Post Act made by item
54, that section continues to apply in relation to post-boxes erected before the
commencement of that item as if the repeal had not been made.
(3) Despite the repeal of section 97 of the Australia Post Act made by item
54, that section continues to apply in relation to contracts made before the
commencement of that item as if the repeal had not been made.
56 Before section 101
Insert:
The annual report of Australia Post that is required to be given under
section 36 of the Commonwealth Authorities and Companies Act 1997 must
also:
(a) include an outline of the strategies and policies that Australia Post
is following to carry out its community service obligations; and
(b) include an assessment of the appropriateness and adequacy of the
strategies and policies that Australia Post is following to carry out its
community service obligations; and
(c) include particulars of any general policies of the Commonwealth
Government of which Australia Post is notified under section 43 of the
Commonwealth Authorities and Companies Act 1997 that are applicable to
the year; and
(d) include an outline of the exercise during the year by Australia Post
and its employees of any powers to open, or examine the contents of, articles
carried by post; and
(e) include, in relation to:
(i) each subsection of section 90J (other than subsections 90J(2) and
(4)); and
(ii) each subsection of section 90K;
a record of the number of times during the year that information or
documents were disclosed in reliance on that subsection and of the persons,
authorities or bodies to which information or documents were so
disclosed.
57 Paragraph 102(e)
Repeal the paragraph.
1 Renumbering of the Australian Postal
Corporation Limited Act 1989
(1) In this item:
provision includes a paragraph of a section or of a
subsection, a subparagraph of a paragraph and a Schedule.
the Act means the Australian Postal Corporation Limited
Act 1989.
(2) The several Parts of the Act are renumbered so that they bear
consecutive arabic numerals starting with “1”.
(3) The several Divisions of each Part of the Act are renumbered so that
they bear consecutive arabic numerals starting with “1”.
(4) The several Subdivisions of each Division of each Part of the Act are
relettered so that they bear upper case letters in alphabetical order starting
with “A”.
(5) The several sections of the Act are renumbered in a single series so
that they bear consecutive arabic numerals starting with
“1”.
(6) The several subsections of each section of the Act are renumbered so
that they bear consecutive arabic numerals enclosed in parentheses starting with
“(1)”.
(7) The several paragraphs of each section, of each subsection, or of each
definition, of the Act are relettered so that they bear lower case letters in
alphabetical order enclosed in parentheses starting with
“(a)”.
(8) The several subparagraphs of each paragraph of each section, of each
paragraph of each subsection, or of each paragraph of each definition, of the
Act are renumbered so that they bear consecutive lower case roman numerals
enclosed in parentheses starting with “(i)”.
(9) The several sub-subparagraphs of each subparagraph of each paragraph of
each section, of each subparagraph of each paragraph of each subsection, or of
each subparagraph of each paragraph of each definition, of the Act are
relettered so that they bear upper case letters in alphabetical order enclosed
in parentheses starting with “(A)”.
(10) Each provision of the Act that refers to a provision of the Act that
has been renumbered or relettered under this item is amended by omitting the
reference and substituting a reference to the last-mentioned provision as so
renumbered or relettered.
(11) A reference in a provision of a law of the Commonwealth enacted before
the commencement of this item (whether or not that provision has come into
operation), or in an instrument or document, to a provision of the Act that has
been renumbered or relettered under this item is to be construed as a reference
to that provision as so renumbered or relettered.
Note 1: Each heading to a section, or to a subsection, of
the Act that refers to a provision of the Act that has been renumbered or
relettered under this item is amended by omitting the reference and substituting
a reference to the last-mentioned provision as so renumbered or
relettered.
Note 2: A reference in a heading to a section, or to a
subsection, of another law of the Commonwealth enacted before the commencement
of this item (whether or not that provision has come into operation), or in an
instrument or a document, to a provision of the Act that has been renumbered or
relettered under this item is to be construed as a reference to that provision
as so renumbered or relettered.
Administrative
Decisions (Judicial Review) Act 1977
1 Schedule 1
After paragraph (t), insert:
(ta) decisions of Australian Postal Corporation Limited or a company that
is a subsidiary of the Australian Postal Corporation Limited;
2 Subsection 62(5)
Omit “The Australian Postal Corporation”, substitute
“Australia Post (within the meaning of the Australian Postal
Corporation Limited Act 1989)”.
3 Subsection 62(5)
Omit “the Corporation”, substitute “Australia
Post”.
Australian
Security Intelligence Organisation Act 1979
4 Paragraph 27(1)(a)
Omit “the Australian Postal Corporation or from an employee or agent
of that Corporation”, substitute “Australia Post or from an employee
or agent of Australia Post”.
5 Paragraph 27(1)(b)
Omit “that Corporation or an employee or agent of that
Corporation”, substitute “Australia Post or an employee or agent of
Australia Post”.
6 Subsections 27(6) and
(6A)
Omit “the Australian Postal Corporation” (wherever occurring),
substitute “Australia Post”.
7 Subsection 27(7)
Omit “The Australian Postal Corporation”, substitute
“Australia Post”.
8 Subsection 27(8)
Omit “Australian Postal Corporation Act 1989”,
substitute “Australian Postal Corporation Limited Act
1989”.
9 Subsection 27(10) (definition of
agent)
Omit “the Australian Postal Corporation, includes any person
performing services for that Corporation”, substitute “Australia
Post, includes any person performing services for Australia
Post”.
10 Subsection 27(10)
Insert:
Australia Post has the meaning given by the Australian
Postal Corporation Limited Act 1989.
11 Subsections 27A(6) and
(6A)
Omit “the Australian Postal Corporation” (wherever occurring),
substitute “Australia Post”.
12 Subsection 27A(7)
Omit “The Australian Postal Corporation”, substitute
“Australia Post”.
13 Subsection 27A(8)
Omit “Australian Postal Corporation Act 1989”,
substitute “Australian Postal Corporation Limited Act
1989”.
14 At the end of section
27A
Add:
(11) In this section:
Australia Post has the meaning given by the Australian
Postal Corporation Limited Act 1989.
Commonwealth
Borrowing Levy Act 1987
15 Item 8 of the Schedule
Omit “Australian Postal Corporation”, substitute
“Australia Post (within the meaning of the Australian Postal
Corporation Limited Act 1989)”.
Commonwealth
Electoral Act 1918
16 Paragraph 102(4A)(b)
Omit “the Australian Postal Corporation”, substitute
“Australia Post (within the meaning of the Australian Postal
Corporation Limited Act 1989)”.
17 Subsection 3(1)
Insert:
Australia Post has the meaning given by the Australian
Postal Corporation Limited Act 1989.
18 Subsection 3(1) (paragraph (d) of the
definition of Commonwealth officer)
Omit “Australian Postal Corporation” (wherever occurring),
substitute “Australia Post”.
19 Section 85E (definition of Australia
Post)
Repeal the definition.
20 Section 85F
Omit “Australian Postal Corporation Act 1989”,
substitute “Australian Postal Corporation Limited Act
1989”.
Note: The heading to section 85F is altered by inserting
“Limited” after
“Corporation”.
21 Paragraph 85X(1)(b)
Omit all the words after “accordance with”,
substitute:
the terms and conditions:
(i) agreed or on which Australia Post supplies postal services;
and
(ii) that relate to the carriage by post of dangerous or deleterious
substances or things.
22 Section 470.1 (definition of
article)
Omit “Australian Postal Corporation Act 1989”,
substitute “Australian Postal Corporation Limited Act
1989”.
23 Section 470.1 (definition of Australia
Post)
Repeal the definition, substitute:
Australia Post has the same meaning as in the Australian
Postal Corporation Limited Act 1989.
24 Section 470.1 (definitions of carry,
carry by post, postage stamp and unwritten
communication)
Omit “Australian Postal Corporation Act 1989”,
substitute “Australian Postal Corporation Limited Act
1989”.
25 Paragraph 472.2(b)
Omit “Australian Postal Corporation Act 1989”,
substitute “Australian Postal Corporation Limited Act
1989”.
26 Subsection 77F(1) (definition of Australia
Post)
Repeal the definition, substitute:
Australia Post has the meaning given by the Australian
Postal Corporation Limited Act 1989.
27 Subsection 163(2) (paragraph (a) of the
definition of letter)
Omit “Australian Postal Corporation Act 1989”,
substitute “Australian Postal Corporation Limited Act
1989”.
28 Subsection 163(2) (definition of
letter)
Repeal the definition, substitute:
letter means:
(a) a written communication (whether enclosed or unenclosed) that is
directed to a particular person or address and, if the communication is
enclosed, includes any envelope, packet, parcel, container or wrapper that
encloses it; or
(b) a standard postal article (within the meaning of the Australian
Postal Corporation Limited Act 1989).
29 Dictionary (definition of postal
article)
Omit “Australian Postal Corporation Act 1989”,
substitute “Australian Postal Corporation Limited Act
1989”.
Financial
Transaction Reports Act 1988
30 Subsection 15(7AA)
Omit “the Australian Postal Corporation”, substitute
“Australia Post (within the meaning of the Australian Postal
Corporation Limited Act 1989)”.
Freedom
of Information Act 1982
31 Part II of Schedule 2
Omit “Australian Postal Corporation, in relation to documents in
respect of its commercial activities”.
32 Subsection 329B(2)
Omit “the Australian Postal Corporation”, substitute
“Australia Post”.
33 Subsection 329B(3) (definition of article
in the course of post)
Omit “the Australian Postal Corporation” (wherever occurring),
substitute “Australia Post”.
34 Subsection 329B(3)
Insert:
Australia Post has the meaning given by the Australian
Postal Corporation Limited Act 1989.
Occupational
Health and Safety (Commonwealth Employment) Act 1991
35 Schedule
Omit “Australian Postal Corporation”.
Protection
of Movable Cultural Heritage Act 1986
36 Paragraph 9(4)(b)
Omit “the Australian Postal Corporation”, substitute
“Australia Post (within the meaning of the Australian Postal
Corporation Limited Act 1989)”.
37 Schedule
Omit “Australian Postal Corporation Act 1989”,
substitute “Australian Postal Corporation Limited Act
1989”.
Part
1—Amendment of the Trade
Practices Act 1974
1 Paragraph 29(1A)(a)
Omit “or XIC”, substitute “XIC or XID”.
2 After Part XIC
Insert:
The following is a simplified outline of this Part:
This Part sets out an access regime for postal services.
The Commission may declare a postal service provided by a provider to be a
declared service. Division 2 sets out when the Commission may make the
declaration.
Once a postal service becomes declared, those seeking access may request
the provider of the service for access to it. Division 3 protects confidential
information given during negotiations about access.
If the negotiations result in agreement about the terms and conditions of
the access, the parties may make a contract and register it under Division
4.
If the parties are unable to reach agreement, the parties may notify the
Commission under Division 5 that an access dispute exists and the Commission can
arbitrate the dispute.
The provider of a postal service may make an access undertaking at
any time. If the Commission accepts the undertaking under Division 6, the
provider will be able to provide access to the service on the terms and
conditions set out in the undertaking. If this happens, then the service cannot
be declared and the provider cannot become or remain a party to an access
dispute about the service.
The Commission has power under Division 9 to make record-keeping rules
requiring providers of postal services to keep records and prepare reports. It
also has power to require disclosure of those reports.
Division 10 deals with enforcement of the access regime.
In this Part, unless the contrary intention appears:
access seeker, in relation to a postal service, means a
person who wants access to the service or wants a change to some aspect of the
person’s existing access to the service.
access undertaking means an undertaking under section
153PA.
Australia Post means Australian Postal Corporation
Limited.
community service obligations means Australia Post’s
community service obligations under the Australian Postal Corporation Limited
Act 1989.
declaration means a declaration made under Division
2.
declared service means a postal service for which a
declaration is in effect.
determination means a determination made by the Commission
under Division 5.
final determination means a determination other than an
interim determination.
interim determination means a determination that is expressed
to be an interim determination.
party means:
(a) in relation to an arbitration of an access dispute—a party to
the arbitration, as mentioned in section 153K; and
(b) in relation to a determination—a party to the arbitration in
which the Commission made the determination.
person includes a partnership.
postal article means, subject to the regulations, any thing
that weighs 20 kilograms or less.
postal service means:
(a) the carriage of postal articles by physical means; or
(b) the collection of postal articles for carriage; or
(c) the delivery of postal articles after carriage; or
(d) a service that is incidental to a service covered by paragraph (a),
(b) or (c); or
(e) a postal or other like service determined by the Commission under
subsection 153WA(1);
but does not include a service determined by the Commission under
subsection 153WA(2).
provider, in relation to a postal service, means the person
who provides the service.
(1) In addition to its effect apart from this subsection, this Part has
the effect it would have if each reference to a provider were, by express
provision, confined to a provider that is a corporation.
(2) In addition to its effect apart from this subsection, this Part has
the effect it would have if each reference to an access seeker were, by express
provision, confined to an access seeker that is a corporation.
(3) In addition to its effect apart from this subsection, this Part has
the effect it would have if each reference to access were, by express provision,
confined to access in the course of, or for the purposes of, trade and
commerce:
(i) between Australia and a place outside Australia; or
(ii) between the States; or
(iii) within a Territory, between a State and a Territory, or between 2
Territories.
(1) This
Part applies to a partnership as if the partnership were a person, but it
applies with the changes set out in subsections (2), (3), (4), (5) and
(6).
(2) If this Part would otherwise require or permit something to be done by
the partnership, the thing may be done by one or more of the partners on behalf
of the partnership.
(3) If under this Part a document is given to a partner of the partnership
in accordance with section 28A of the Acts Interpretation Act 1901, the
document is taken to have been given to the partnership.
(4) An obligation that would otherwise be imposed on the partnership by
this Part:
(a) is imposed on each partner instead; but
(b) may be discharged by any of the partners.
(5) The partners are jointly and severally liable to pay an amount that
would otherwise be payable by the partnership under this Part.
(6) An offence against this Part that would otherwise be committed by the
partnership is taken to have been committed by each partner who:
(a) aided, abetted, counselled or procured the relevant act or omission;
or
(b) was in any way knowingly concerned in, or party to, the relevant act
or omission (whether directly or indirectly or whether by any act or omission of
the partner).
(7) For the purposes of this Part, a change in the composition of a
partnership does not affect the continuity of the partnership.
(1) This Part binds the Crown in right of the Commonwealth, of each of the
States, of the Australian Capital Territory and of the Northern
Territory.
(2) Nothing in this Part makes the Crown liable to be prosecuted for an
offence.
(3) The protection in subsection (2) does not apply to an authority of the
Commonwealth or an authority of a State or Territory.
Under this Division the Commission may declare that a postal service
provided by a provider is a declared service.
Once a service is declared, those seeking access to it can negotiate with
the provider about the terms and conditions of the access. The negotiations may
lead to either a contract about the access being registered under Division 4 or
a dispute about the access being arbitrated under Division 5.
(1) On its own initiative or on a person’s written request, the
Commission may declare, by instrument, that a postal service provided by a
provider is a declared service, but only to the extent that the service is not
the subject of an access undertaking that is in effect.
Note: A postal service may be declared under this section if
the provider provides the service to itself or another person.
(2) However, the Commission must not declare the postal service unless it
is satisfied of all of the following matters:
(a) that the service is significant to the provision of postal services in
Australia;
(b) that access (or increased access) to the service would promote
competition in at least one market (whether or not in Australia), other than the
market for the service;
(c) that access to the service can be provided without undue risk to human
health or safety;
(d) that access to the service would not be contrary to the public
interest.
(3) When determining whether to declare the postal service, the Commission
must have regard to:
(a) the long-term interests of consumers of postal services; and
(b) the legitimate business interests of the provider and the
provider’s investment in a facility used to supply the service;
and
(c) the economically efficient operation of the service or a facility used
to supply the service; and
(d) if the provider is Australia Post—Australia Post’s
community service obligations; and
(e) any other matters the Commission thinks are relevant.
(4) Before determining whether to declare the postal service, the
Commission may hold a public inquiry under Subdivision C about the proposal to
make the declaration. If it does so, it must prepare and publish a report about
the inquiry under section 153E.
(5) However, if the Commission does not hold a public inquiry under
Subdivision C, it must:
(a) publish the proposal to declare the postal service and invite people
to make submissions to the Commission about it; and
(b) prepare and publish a report about those submissions under section
153E.
(6) The Commission must publish the declaration or its decision not to
declare the postal service. At the same time, the Commission must give reasons
for the decision to declare or not to declare to the provider and any person who
requested that the service be declared.
(7) If the Commission declares the postal service, the declaration must
specify the expiry date of the declaration.
(1) Subject to this section, a declaration takes effect at the time
specified in the declaration. The time cannot be earlier than 21 days after the
declaration is published.
(2) If an application for review of a declaration is made under section
153F within 21 days after the declaration is published, the declaration does not
take effect until the Tribunal makes its decision on the review.
(3) However, if the application for review is withdrawn, the declaration
takes effect at the later of the following times:
(a) the time it would have taken effect under subsection (1) if the
application had not been made;
(b) the time the application is withdrawn.
(4) A declaration continues in effect until its expiry date, unless it is
earlier revoked.
(5) The expiry or revocation of a declaration does not affect:
(a) the arbitration of an access dispute that was notified before the
expiry or revocation; or
(b) the operation or enforcement of any determination made in the
arbitration of an access dispute that was notified before the expiry or
revocation.
(1) The Commission may, by instrument, revoke a declaration if it is
satisfied that revoking the declaration:
(a) would not be contrary to the long-term interests of users of postal
services; and
(b) would not be contrary to the public interest.
(2) Before determining whether to revoke the declaration, the Commission
may hold a public inquiry under Subdivision C about the revocation proposal. If
it does so, it must prepare and publish a report about the inquiry under section
153E.
(3) However, if the Commission does not hold a public inquiry under
Subdivision C, it must:
(a) publish the revocation proposal and invite people to make submissions
to the Commission about it; and
(b) prepare and publish a report about those submissions.
(4) The Commission must publish its decision to revoke or not to revoke
the declaration.
(5) If the Commission decides not to revoke the declaration, the
Commission must give reasons for the decision to the provider when the
Commission publishes the decision.
(1) On its own initiative or on a person’s written request, the
Commission may hold a public inquiry under this Subdivision about whether
to:
(a) declare a postal service under section 153C; or
(b) revoke a declaration under section 153CB;
if the Commission considers that it is appropriate and practicable to do
so.
(2) If the Commission decides not to hold a public inquiry that a person
has requested under subsection (1), the Commission must notify the person in
writing of the decision and of the reasons for the decision.
(1) The Commission may decide to combine 2 or more public inquiries of a
kind mentioned in subsection 153C(4) or 153CB(2).
(2) If the Commission makes such a decision, the Commission:
(a) may publish a single notice relating to the combined inquiry under
section 153DB; and
(b) may prepare a single discussion paper about the combined inquiry under
section 153DC; and
(c) may hold hearings relating to the combined inquiry under section
153DE; and
(d) must ensure that each inquiry is covered by a report under section
153E, whether the report relates to:
(i) a single one of those inquiries; or
(ii) any 2 or more of those inquiries.
(1) If the Commission holds a public inquiry, it must publish, in whatever
ways it thinks appropriate, notice of:
(a) the fact that it is holding the inquiry; and
(b) the period during which the inquiry is to be held; and
(c) the nature of the matter to which the inquiry relates; and
(d) the period within which, and the form in which, members of the public
may make submissions to the Commission about that matter; and
(e) the matters that the Commission would like such submissions to deal
with; and
(f) the address or addresses to which submissions may be sent.
(2) The Commission need not publish at the same time or in the same way
notice of all the matters referred to in subsection (1).
(1) After deciding to hold a public inquiry about a matter, the Commission
may cause to be prepared a discussion paper that:
(a) identifies the issues that, in the Commission’s opinion, are
relevant to that matter; and
(b) sets out such background material about, and discussion of, those
issues as the Commission thinks appropriate.
(2) The Commission must make copies of the discussion paper available at
each of the Commission’s offices.
(3) The Commission may otherwise publish the discussion paper, including
in electronic form.
(4) The Commission may charge a reasonable price for supplying copies of
the discussion paper under this section.
(1) The Commission must provide a reasonable opportunity for any member of
the public to make a written submission to the Commission about the matter to
which a public inquiry relates.
(2) The period in which submissions may be made must be at least 28
days.
(3) Civil proceedings do not lie against a person in respect of loss,
damage or injury of any kind suffered by another person because of the making in
good faith of a statement, or the giving in good faith of a document or
information, to the Commission in connection with a public inquiry under this
Subdivision.
(4) Subsection (3) applies whether or not the statement is made, or the
document or information is given, in connection with a written submission or a
public hearing.
(1) The Commission may hold hearings for the purposes of a public
inquiry.
(2) At a hearing, the Commission is to be constituted by a member or
members determined in writing by the Chairperson for the purposes of that
hearing.
(3) The Chairperson is to preside at all hearings at which he or she is
present.
(4) If the Chairperson is not present at a hearing, the member who is to
preside at the hearing is the member who is specified in an instrument under
subsection (2).
(5) The Commission may regulate the conduct of proceedings at a hearing as
it thinks appropriate.
(1) A hearing must take place in public.
(2) However, the hearing, or a part of the hearing, may be conducted in
private if the Commission is satisfied that:
(a) evidence that may be given, or a matter that may arise, during the
hearing or a part of the hearing is of a confidential nature; or
(b) hearing a matter, or part of a matter, in public would not be
conducive to the due administration of this Act.
(3) If the hearing, or a part of the hearing, is to be conducted in
public, the Commission must give reasonable public notice of the conduct of the
hearing.
(1) If a hearing, or a part of a hearing, takes place in public and the
Commission is of the opinion that:
(a) evidence or other material presented at the hearing; or
(b) material in a written submission lodged with the Commission;
is of a confidential nature, then the Commission may order that:
(c) the evidence or material must not be published; or
(d) its disclosure be restricted.
(2) A person must not fail to comply with an order under subsection
(1).
Maximum penalty: 50 penalty units.
Note 1: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
Note 2: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
(1) If a hearing, or a part of a hearing, takes place in private, the
Commission:
(a) must give directions as to the persons who may be present at the
hearing or the part of the hearing; and
(b) may give directions restricting the disclosure of evidence or other
material presented at the hearing or the part of the hearing.
(2) A person must not fail to comply with a direction under paragraph
(1)(b).
Maximum penalty: 50 penalty units
Note
1: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
Note 2: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
(1) If the Commission holds a public inquiry under Subdivision C, the
Commission must prepare and publish a report setting out its findings as a
result of the inquiry.
(2) If the Commission invites people to make submissions under subsection
153C(5) or 153CB(3), the Commission must prepare and publish a report setting
out its findings as a result of the submissions.
(3) The Commission is not required to include in the report any
material:
(a) that is of a confidential nature; or
(b) the disclosure of which is likely to prejudice the fair trial of a
person; or
(c) that is the subject of an order or direction under section 153DG or
153DH.
(1) If the Commission declares a postal service, the provider may apply in
writing to the Tribunal for review of the declaration.
(2) If the Commission decides not to declare a postal service,
then:
(a) a person who requested the Commission in writing to declare the
service; or
(b) a provider of a postal service who is affected by the
decision;
may apply in writing to the Tribunal for review of the decision.
(3) An application for review must be made within 21 days after
publication of the Commission’s decision.
(4) The review by the Tribunal is a reconsideration of the
matter.
(5) For the purposes of the review, the Tribunal has the same powers as
the Commission.
(6) The member of the Tribunal presiding at the review may require the
Commission to give information and other assistance and to make reports, as
specified by the member, for the purposes of the review.
(7) If the Commission decided to declare the service, the Tribunal may
affirm, vary or set aside the declaration.
(8) If the Commission decided not to declare the service, the Tribunal may
either:
(a) affirm the Commission’s decision; or
(b) set aside the Commission’s decision and declare the
service.
(9) A declaration, or varied declaration, made by the Tribunal is to be
taken to be a declaration by the Commission for all purposes of this Part
(except this section).
Note: For the duration and effect of a declaration made by
the Tribunal, see section 153CA.
If an application for review is made under section 153F, the Tribunal
may, at any stage of the proceeding, dismiss the application if it is satisfied
that the application is frivolous or vexatious.
Once a service is declared, those seeking access to it can negotiate with
the provider about the terms and conditions of access to the service. This
Division protects confidential information given by the parties during the
negotiations.
If the parties agree on the terms and conditions of access on which the
provider will provide access to the service, they may make a contract and apply
to have it registered under Division 4.
If they do not agree, then they may notify the Commission under Division 5
that an access dispute exists.
(1) If:
(a) at or after the time an access seeker requests the provider of a
declared service for access, one of the parties (the first party)
to the negotiations gives particular information to the other party (the
second party) to the negotiations; and
(b) at or before the time when the information was given, the first party
gave the second party a written notice to the effect that:
(i) that information; or
(ii) a class of information that includes that information;
is to be regarded as having been given on a confidential basis for
negotiating the terms and conditions of access to the service;
the second party must not, without the written consent of the first party,
use that information for a purpose other than negotiating the terms and
conditions of access to the service.
Note: Section 153V sets out the remedies for contraventions
of this section.
(2) However, this section does not apply to the extent that the declared
service was the subject of an access undertaking that was in effect at the time
the information was given.
(3) In this section, party, in relation to negotiations
about access to a declared service, means the access seeker to, or provider of,
the service.
If, after negotiating about access to a declared service, the parties agree
on the terms and conditions of access, they may make a contract and apply to
have it registered under this Division.
A registered contract about access is enforceable in the same way as if the
Commission had made a determination under Division 5 about the access. This
means that if one of the parties does not abide by the contract, the other may
seek to enforce it by applying to the Federal Court for an order under Division
10.
This Division applies to a contract only if:
(a) the contract provides for access to a postal service; and
(b) the contract was made after the service was declared; and
(c) the parties to the contract are the provider of the service and an
access seeker.
(1) On application by all the parties to a contract, the Commission
must:
(a) register the contract by entering the following details on a public
register:
(i) the names of the parties to the contract;
(ii) the postal service to which the contract relates;
(iii) the date on which the contract was made; or
(b) decide not to register the contract.
(2) In deciding whether to register a contract, the Commission must have
regard to:
(a) the public interest, including the public interest in having
competition in markets (whether or not in Australia); and
(b) the interests of all persons who have rights to use the postal service
to which the contract relates.
(3) The Commission must publish a decision not to register a
contract.
(4) If the Commission publishes a decision not to register a contract, it
must give the parties to the contract reasons for the decision when it publishes
the decision.
(1) If the Commission decides not to register a contract, a party to the
contract may apply in writing to the Tribunal for review of the
decision.
(2) An application for review must be made within 21 days after
publication of the Commission’s decision.
(3) The review by the Tribunal is a reconsideration of the
matter.
(4) For the purposes of the review, the Tribunal has the same powers as
the Commission.
(5) The member of the Tribunal presiding at the review may require the
Commission to give information and other assistance and to make reports, as
specified by the member for the purposes of the review.
(6) The Tribunal may either:
(a) affirm the Commission’s decision; or
(b) register the contract.
(7) The decision of the Tribunal takes effect from when it is
made.
The parties to a contract that has been registered:
(a) may enforce the contract under Division 10 as if the contract were a
determination of the Commission under section 153KA and they were parties to the
determination; and
(b) cannot enforce the contract by any other means.
If,
after negotiating about access to a declared service, the parties do not agree
on the terms and conditions of access, either of them may notify the Commission
under this Division that an access dispute exists. Once this happens, the
Commission must arbitrate the dispute and make a final determination about the
access.
If one of the parties does not abide by the determination, the other may
seek to enforce it by applying to the Federal Court for an order under Division
10.
(1) If an access seeker is unable to agree with the provider on one or
more aspects of access to a declared service, either the provider or the access
seeker may notify the Commission in writing that an access dispute exists, but
only to the extent that the service is not the subject of an access undertaking
that is in effect.
(2) On receiving the notification, the Commission must give notice in
writing of the access dispute to:
(a) the provider, if the access seeker notified the access dispute;
and
(b) the access seeker, if the provider notified the access dispute;
and
(c) any other person whom the Commission thinks might want to become a
party to the arbitration.
(1) A notification may be withdrawn by the party who made the notification
at any time before the Commission makes its final determination.
(2) If the notification is withdrawn:
(a) the Commission must not make a final determination in relation to the
access dispute; and
(b) if the Commission has not already made an interim determination in
relation to the access dispute—the Commission must not make an interim
determination in relation to the access dispute; and
(c) if the Commission has already made an interim determination in
relation to the access dispute—the determination is taken to have been
revoked when the notification is withdrawn.
The parties to the arbitration of an access dispute are:
(a) the provider; and
(b) the access seeker; and
(c) any other person who applies in writing to be made a party and is
accepted by the Commission as having a sufficient interest.
(1) Unless it terminates the arbitration under section 153KD, the
Commission:
(a) must make a written final determination; and
(b) may make a written interim determination;
on access to the postal service by the access seeker.
(2) A determination may deal with any matter relating to access to the
postal service by the access seeker, including matters that were not the basis
for notification of the dispute. By way of example, the determination may have
any of the following effects:
(a) requiring the provider to provide access to the service by the access
seeker;
(b) requiring the access seeker to accept, and pay for, access to the
service;
(c) specifying the terms and conditions of the access seeker’s
access to the service;
(d) requiring the provider to extend a facility used to provide the
service;
(e) specifying the extent to which the determination overrides an earlier
determination relating to access to the service by the access seeker.
(3) The determination does not have to require the provider to provide
access to the postal service by the access seeker.
(4) Before making a determination, the Commission must give a draft
determination to the parties.
(5) When the Commission makes a determination, it must give the parties to
the arbitration its reasons for making the determination.
Variation and revocation of interim determinations
(6) The Commission may vary or revoke an interim determination.
(7) The Commission must revoke an interim determination if requested to do
so by the parties to the determination.
(1) The Commission must not make a determination that would have any of
the following effects:
(a) preventing an existing user from obtaining a sufficient amount of the
postal service to be able to meet the user’s reasonably anticipated
requirements, measured at the time when the dispute was notified;
(b) preventing a person from obtaining, by the exercise of a
pre-notification right, a sufficient amount of the postal service to be able to
meet the person’s actual requirements;
(c) depriving any person of a protected contractual right;
(d) resulting in the access seeker becoming the owner (or one of the
owners) of any part of a facility used to provide the postal service, or of
extensions of such a facility, without the consent of the provider;
(e) requiring the provider to bear some or all of the costs of extending a
facility used to provide the postal service or maintaining extensions of such a
facility.
(2) Paragraphs (1)(a) and (b) do not apply in relation to the requirements
and rights of the access seeker and the provider when the Commission is making a
determination in arbitration of an access dispute relating to an earlier
determination of an access dispute between the access seeker and the
provider.
(3) A determination is of no effect if it is made in contravention of
subsection (1).
(4) If the Commission makes a determination that has the effect of
depriving a person (the second person) of a pre-notification right
to require the provider to supply the service to the second person, the
determination must also require the access seeker:
(a) to pay to the second person such amount (if any) as the Commission
considers is fair compensation for the deprivation; and
(b) to reimburse the provider and the Commonwealth for any compensation
that the provider or the Commonwealth agrees, or is required by a court order,
to pay to the second person as compensation for the deprivation.
Interim determination: objection by access seeker
(5) Before making an interim determination, the Commission must give the
access seeker a draft of the determination.
(6) At the same time the Commission must give the access seeker a written
notice of the period in which the access seeker may object to the determination.
The period must not be shorter than 7 business days after the draft
determination is given.
(7) The Commission must not make an interim determination if, at any time
within the period specified by the Commission under subsection (6), the access
seeker gives the Commission a written notice objecting to the
determination.
(8) In this section:
business day means a day that is not a Saturday, a Sunday or
a public holiday in the Australian Capital Territory.
existing user means a person (including the provider) who was
using the service at the time when the dispute was notified.
pre-notification right means a right under a contract, or
under a determination, that was in effect at the time when the dispute was
notified.
protected contractual right means a right under a contract
that was in effect on the day on which the Bill that became the Postal
Services Legislation Amendment Act 2000 was introduced into
Parliament.
Final determinations
(1) The Commission must have regard to the following matters when making a
final determination:
(a) the legitimate business interests of the provider, and the
provider’s investment in a facility used to provide the postal
service;
(b) the public interest, including the public interest in having
competition in markets (whether or not in Australia);
(c) the interests of all persons who have rights to use the postal
service;
(d) the direct costs of providing access to the postal service;
(e) any reduction in cost to the provider because of the access seeker
performing functions that would otherwise have been performed by the
provider;
(f) the value to the provider of extensions whose cost is borne by someone
else;
(g) the operational and technical requirements necessary for the safe and
reliable operation of the postal service or a facility used to provide the
postal service;
(h) the economically efficient operation of the postal service or a
facility used to provide the postal service;
(i) if the provider is Australia Post—the need for Australia Post to
recover the cost of performing its community service obligations;
(j) any other matters that the Commission thinks are relevant.
(2) The Commission may have regard to the following matters in making an
interim determination:
(a) a matter referred to in subsection (1);
(b) any other matters that the Commission thinks are relevant.
(1) The Commission may at any time terminate an arbitration if it thinks
that:
(a) the notification of the dispute was vexatious; or
(b) the subject matter of the dispute is trivial, misconceived or lacking
in substance; or
(c) the party who notified the dispute has not engaged in negotiations in
good faith; or
(d) access to the postal service should continue to be governed by an
existing contract between the provider and the access seeker.
(2) In addition, if the dispute is about varying an existing
determination, the Commission may terminate the arbitration if it thinks there
is no sufficient reason why the previous determination should not continue to
have effect in its present form.
Automatic termination
(3) If:
(a) an access dispute has been notified about a declared service;
and
(b) a final determination has not been made in relation to the dispute;
and
(c) an access undertaking in relation to the service takes
effect;
then arbitration of the dispute terminates at the time the undertaking
takes effect, but only to the extent that the service is the subject of the
undertaking.
(1) If:
(a) a party to negotiations relating to an access dispute that has been
notified requests the Commission in writing to give a direction to a person who
is a party to the negotiations; and
(b) the Commission considers that it would be likely to facilitate the
negotiations if it were to give the direction;
then the Commission may give the person a written direction requiring the
person to do, or refrain from doing, a specified act or thing relating to the
conduct of those negotiations.
(2) The following are examples of the kinds of directions that may be
given under subsection (1):
(a) a direction requiring a party to give relevant information to one or
more other parties;
(b) a direction requiring a party to carry out research or investigations
in order to obtain relevant information;
(c) a direction requiring a party not to impose unreasonable procedural
conditions on the party’s participation in negotiations;
(d) a direction requiring a party to respond in writing to another
party’s proposal or request in relation to the time and place of a
meeting;
(e) a direction requiring a party, or a representative of a party, to
attend a mediation conference;
(f) a direction requiring a party, or a representative of a party, to
attend a conciliation conference.
If the arbitration has been terminated, a reference in this subsection to a
party is a reference to a former party.
(3) For the purposes of paragraph (2)(c), if a party (the first
party) imposes, as a condition on the first party’s participation
in negotiations, a requirement that the other party must not disclose to the
Commission any or all information, or the contents of any or all documents,
provided in the course of negotiations, that condition is taken to be an
unreasonable procedural condition on the first party’s participation in
those negotiations.
(4) A person must not contravene a direction under subsection
(1).
Note: Section 153V sets out the remedies for contraventions
of this subsection.
(5) A person must not:
(a) in any way, directly or indirectly, be knowingly concerned in, or
party to, a contravention of subsection (4); or
(b) conspire with others to effect a contravention of subsection
(4).
Note: Section 153V sets out the remedies for contraventions
of this subsection.
(6) In deciding whether to give a direction under subsection (1), the
Commission must have regard to:
(a) any guidelines in effect under subsection (7); and
(b) such other matters as the Commission considers relevant.
(7) The Commission may, by written instrument, determine guidelines for
the purposes of subsection (6).
(1) For the purposes of a particular arbitration, the Commission is to be
constituted by 2 or more members of the Commission nominated in writing by the
Chairperson.
(2) A member of the Commission is not disqualified from constituting the
Commission (with other members) for the purposes of an arbitration of a dispute
about a particular matter merely because the member has performed functions, or
exercised powers, in relation to the matter or a related matter.
(1) The Chairperson is to preside at an arbitration.
(2) However, if the Chairperson is not a member of the Commission as
constituted under section 153L in relation to a particular arbitration, the
Chairperson must nominate a member of the Commission to preside at the
arbitration.
(1) This section applies if a member of the Commission who is one of the
members who constitute the Commission for the purposes of a particular
arbitration:
(a) stops being a member of the Commission; or
(b) for any reason, is not available for the purpose of the
arbitration.
(2) The Chairperson must either:
(a) direct that the Commission is to be constituted for the purposes of
finishing the arbitration by the remaining member or members; or
(b) direct that the Commission is to be constituted for that purpose by
the remaining member or members together with one or more other members of the
Commission.
(3) If a direction under subsection (2) is given, the Commission as
constituted in accordance with the direction must continue and finish the
arbitration and may, for that purpose, have regard to any record of the
proceedings of the arbitration made by the Commission as previously
constituted.
If the Commission is constituted for an arbitration by 2 or more members
of the Commission, any question before the Commission is to be
decided:
(a) unless paragraph (b) applies—according to the opinion of the
majority of those members; or
(b) if the members are evenly divided on the question—according to
the opinion of the member who is presiding.
(1) An arbitration hearing for an access dispute is to be in
private.
(2) However, if the parties agree, an arbitration hearing or part of an
arbitration hearing may be conducted in public.
(3) The member of the Commission who is presiding at an arbitration
hearing that is conducted in private may give written directions as to the
persons who may be present.
(4) In giving directions under subsection (3), the member presiding must
have regard to the wishes of the parties and the need for commercial
confidentiality.
In an arbitration hearing for an access dispute, a party may appear in
person or be represented by someone else.
(1) In an arbitration hearing for an access dispute, the
Commission:
(a) is not bound by technicalities, legal forms or rules of evidence;
and
(b) must act as speedily as a proper consideration of the dispute allows,
having regard to the need to carefully and quickly inquire into and investigate
the dispute and all matters affecting the merits, and fair settlement, of the
dispute; and
(c) may inform itself of any matter relevant to the dispute in any way it
thinks appropriate.
(2) The Commission may determine the periods that are reasonably necessary
for the fair and adequate presentation of the respective cases of the parties to
an access dispute, and may require that the cases be presented within those
periods.
(3) The Commission may require evidence or argument to be presented in
writing, and may decide the matters on which it will hear oral evidence or
argument.
(4) The Commission may determine that an arbitration hearing is to be
conducted by:
(a) telephone; or
(b) closed circuit television; or
(c) any other means of communication.
(1) The Commission may do any of the following things for the purpose of
arbitrating an access dispute:
(a) give a direction in the course of, or for the purposes of, an
arbitration hearing;
(b) hear and determine the arbitration in the absence of a person who has
been summoned or served with a notice to appear;
(c) sit at any place;
(d) adjourn to any time and place;
(e) refer any matter to an expert and accept the expert’s report as
evidence;
(f) generally give all such directions, and do all such things, as are
necessary or expedient for the speedy hearing and determination of the access
dispute.
(2) A person must not do any act or thing in relation to the arbitration
of an access dispute that would be a contempt of court if the Commission were a
court of record.
Maximum penalty: Imprisonment for 6 months.
Note: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
(3) Subsection (1) has effect subject to any other provision of this Part
and subject to the regulations.
(4) The Commission may give an oral or written order to a person not to
divulge or communicate to anyone else specified information that was given to
the person in the course of an arbitration unless the person has the
Commission’s permission.
(5) A person must not contravene an order under subsection (4).
Maximum penalty: 50 penalty units.
Note 1: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
Note 2: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
(1) The Commission may take evidence on oath or affirmation and for that
purpose a member of the Commission may administer an oath or
affirmation.
(2) The member of the Commission who is presiding may summon a person to
appear before the Commission to give evidence and to produce such documents (if
any) as are referred to in the summons.
(3) The powers in this section may be exercised only for the purposes of
arbitrating an access dispute.
(1) A party to an arbitration hearing may:
(a) inform the Commission that, in the party’s opinion, a specified
part of a document contains confidential commercial information; and
(b) request the Commission not to give a copy of that part to another
party.
(2) On receiving a request, the Commission must:
(a) inform the other party or parties that the request has been made and
of the general nature of the matters to which the relevant part of the document
relates; and
(b) ask the other party or parties whether there is any objection to the
Commission complying with the request.
(3) If there is an objection to the Commission complying with a request,
the party objecting may inform the Commission of its objection and of the
reasons for it.
(4) After considering:
(a) a request; and
(b) any objection; and
(c) any further submissions that any party has made in relation to the
request;
the Commission may decide not to give to the other party or parties a copy
of so much of the document as contains confidential commercial information that
the Commission thinks should not be so given.
(1) A person who is served, as prescribed, with a summons to appear as a
witness before the Commission must not fail to attend as required by the
summons.
Maximum penalty: Imprisonment for 6 months.
Note: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
(2) A person who has:
(a) attended as required by a summons as referred to in subsection (1);
and
(b) has not been excused, or released from further attendance, by a member
of the Commission;
must not fail to appear and report himself or herself from day to
day.
Maximum penalty: Imprisonment for 6 months.
Note: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
(1) A person appearing as a witness before the Commission must
not:
(a) refuse or fail to be sworn or to make an affirmation; or
(b) refuse or fail to answer a question that the person is required to
answer by the Commission; or
(c) refuse or fail to produce a document that he or she was required to
produce by a summons under this Part served on him or her as
prescribed.
Maximum penalty: Imprisonment for 6 months.
Note: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
(2) An individual may refuse or fail to answer a question or produce a
document under subsection (1) on the ground that the answer or the production of
the document might tend to incriminate the person or to expose the person to a
penalty.
A person must not:
(a) threaten, intimidate or coerce another person; or
(b) cause or procure damage, loss or disadvantage to another
person;
because that other person:
(c) proposes to produce, or has produced, documents to the Commission;
or
(d) proposes to appear or has appeared as a witness before the
Commission.
Maximum penalty: Imprisonment for 12 months.
Note: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
Sections 18 and 19 do not apply to the Commission, as constituted for an
arbitration.
(1) A final determination takes effect 21 days after the determination is
made.
(2) The fact that a party to the arbitration applies to the Tribunal under
section 153N for a review of the Commission’s final determination does not
affect the operation of the determination or prevent action being taken to
implement the determination.
Stay of final determination by the Tribunal
(3) However, if an appeal is instituted in the Tribunal under section 153N
for a review of the Commission’s final determination, the Tribunal may
make any orders staying or otherwise affecting the operation or implementation
of the final determination that the Tribunal thinks appropriate to secure the
effectiveness of the review by the Tribunal.
Note: If the Tribunal makes an order to stay the final
determination, an interim determination that was in effect immediately before
the final determination was made may be revived under section
153MC.
(4) If an order is in effect under subsection (3) (including an order
previously varied under this subsection), the Tribunal may make an order varying
or revoking the first-mentioned order.
(5) An order in effect under subsection (3) (including an order previously
varied under subsection (4)):
(a) is subject to any conditions that are specified in the order;
and
(b) has effect until:
(i) the end of any period for the operation of the order that is specified
in the order; or
(ii) the finalisation of the review;
whichever is earlier.
(6) A
provision of a final determination may be expressed to cease to have effect on a
specified date.
(1) Any or all of the provisions of a final determination may be expressed
to have taken effect on a specified date that is earlier than the date on which
the determination took effect.
(2) The specified date must not be earlier than the date of notification
of the access dispute concerned.
(3) For the purposes of subsections 153MB(2) and 153MC(1), in determining
the time when a final determination took effect, a provision covered by
subsection (1) of this section is to be disregarded.
(4) This section has effect despite subsection 153M(1).
(1) An interim determination takes effect on the date specified in the
determination.
(2) Unless sooner revoked, an interim determination continues in effect
until:
(a) the end of the period specified in the determination, which must not
be longer than 12 months; or
(b) a final determination relating to the access dispute takes
effect;
whichever is earlier.
(a) an order is made under subsection 153M(3) staying a final
determination; and
(b) an interim determination relating to the access dispute was in effect
immediately before the final determination took effect;
then, despite section 153MB, the interim determination takes effect when
the order is made and continues in effect until:
(c) the end of any period for the operation of the order that is specified
in the order; or
(d) the order is revoked; or
(e) the review is finalised; or
(f) the interim determination is revoked by the Commission; or
(g) the interim determination is stayed by the Tribunal;
whichever is earliest.
When final determination takes effect
(2) For the purposes of subsection (1), in determining the time when a
final determination took effect, an order under subsection 153M(3) is to be
disregarded.
(3) The Tribunal may make an order staying an interim determination that
is in effect because of subsection (1).
(1) Paragraphs 15(1)(a) and (b) of the Administrative Decisions
(Judicial Review) Act 1977 do not apply to a decision of the Commission to
make a determination.
(2) If a person applies to the Federal Court under subsection 39B(1) of
the Judiciary Act 1903 for a writ or injunction in relation to a decision
of the Commission to make a determination, the Court must not make any orders
staying or otherwise affecting the operation or implementation of the decision
pending the finalisation of the application.
(1) A party to a final determination may apply in writing to the Tribunal
for a review of the final determination.
(2) The application must be made within 21 days after the Commission made
the final determination.
(3) A review by the Tribunal is a re-arbitration of the access
dispute.
(4) For the purposes of the review, the Tribunal has the same powers as
the Commission. However, the Tribunal does not have the power to make an interim
determination if there is an interim determination in effect under subsection
153MC(1).
(5) The member of the Tribunal presiding at the review may require the
Commission to give information and other assistance and to make reports, as
specified by the member, for the purposes of the review.
(6) The Tribunal may either affirm or vary the Commission’s
determination.
(7) The determination, as affirmed or varied by the Tribunal, is to be
taken to be a determination of the Commission for all purposes of this Part
(except this section).
(8) The decision of the Tribunal takes effect from when it is
made.
(9) Sections 37, 39 to 43 (inclusive) and 103 to 110 (inclusive) do not
apply in relation to a review by the Tribunal of a determination made by the
Commission.
If an appeal is instituted in the Tribunal, the Commission must send to
the Tribunal all documents that were before the Commission in connection with
the matter to which the appeal relates.
(1) A party to an arbitration may appeal to the Federal Court, on a
question of law, from the decision of the Tribunal under section 153N.
(2) The appeal must be instituted:
(a) not later than the 28th day after the day on which the decision of the
Tribunal is made or within such further period as the Federal Court (whether
before or after the end of that day) allows; and
(b) in accordance with the Rules of Court made under the Federal Court
of Australia Act 1976.
(3) The Federal Court must hear and determine the appeal and may make any
order that it thinks appropriate.
(4) The orders that may be made by the Federal Court on appeal include
(but are not limited to):
(a) an order affirming or setting aside the decision of the Tribunal;
and
(b) an order remitting the matter to be decided again by the Tribunal in
accordance with the directions of the Federal Court.
(1) Subject to this section, the fact that an appeal is instituted in the
Federal Court from a decision of the Tribunal does not affect the operation of
the decision or prevent action being taken to implement the decision.
(2) If an appeal is instituted in the Federal Court from a decision of the
Tribunal, the Federal Court or a judge of the Federal Court may make any orders
staying or otherwise affecting the operation or implementation of the decision
of the Tribunal that the Federal Court or judge thinks appropriate to secure the
effectiveness of the hearing and determination of the appeal.
(3) If an order is in effect under subsection (2) (including an order
previously varied under this subsection), the Federal Court or a judge of the
Federal Court may make an order varying or revoking the first-mentioned
order.
(4) An order in effect under subsection (2) (including an order previously
varied under subsection (3)):
(a) is subject to any conditions that are specified in the order;
and
(b) has effect until:
(i) the end of any period for the operation of the order that is specified
in the order; or
(ii) the giving of a decision on the appeal;
whichever is earlier.
If an appeal is instituted in the Federal Court:
(a) the Tribunal must send to the Federal Court all documents that were
before the Tribunal in connection with the matter to which the appeal relates;
and
(b) at the conclusion of the proceedings before the Federal Court in
relation to the appeal, the Federal Court must return the documents to the
Tribunal.
(1) The Commission may vary a final determination on the application of
any party to the final determination. However, it cannot vary the final
determination if any other party objects.
Note: If the parties cannot agree on a variation, a new
access dispute can be notified under section 153J.
(2) Sections 153KB and 153KC apply to a variation under this section as
if:
(a) an access dispute arising out of the final determination had been
notified when the application was made to the Commission for the variation of
the determination; and
(b) the variation were the making of a final determination in the terms of
the varied final determination.
A provider of a postal service may give an undertaking to the Commission
about access to the service at any time, whether or not the service has been
declared.
If the undertaking is accepted by the Commission, then the Commission
cannot declare the service or begin to arbitrate a dispute about access to the
service, and any arbitration that is on foot automatically terminates.
If the provider contravenes the undertaking, the Commission may apply to
the Federal Court for an order under Division 10 against the provider.
(1) A person who is, or expects to be, the provider of a postal service
may give a written undertaking to the Commission in connection with the
provision of access to the service. The following are examples of the kinds of
things that might be dealt with in the undertaking:
(a) terms and conditions of access to the service;
(b) procedures for determining terms and conditions of access to the
service;
(c) an obligation on the provider not to hinder access to the
service;
(d) an obligation on the provider to implement a particular business
structure;
(e) an obligation on the provider to provide information to the Commission
or to another person;
(f) an obligation on the provider to comply with decisions of the
Commission or another person in relation to matters specified in the
undertaking;
(g) an obligation on the provider to seek a variation of the undertaking
in specified circumstances.
(2) The undertaking must specify the expiry date of the
undertaking.
(3) The Commission may accept the undertaking, if it thinks it appropriate
to do so having regard to the following matters:
(a) the legitimate business interests of the provider;
(b) the public interest, including the public interest in having
competition in markets (whether or not in Australia);
(c) the interests of persons who might want access to the postal
service;
(d) whether access to the postal service is already the subject of an
access regime;
(e) if the provider is Australia Post—Australia Post’s
community service obligations;
(f) any other matters the Commission thinks are relevant.
(4) The Commission must not accept the undertaking unless the Commission
has first:
(a) published the undertaking and invited people to make submissions to
the Commission on the undertaking; and
(b) considered any submissions that were received within the time limit
specified by the Commission when it published the undertaking.
(5) If the Commission accepts the undertaking:
(a) the undertaking takes effect at the time of acceptance; and
(b) the undertaking continues in effect until its expiry date, unless it
is earlier withdrawn.
(6) If the undertaking provides for disputes about the undertaking to be
resolved by the Commission, then the Commission may resolve the disputes in
accordance with the undertaking.
(7) If the undertaking provides for the Commission to perform functions or
exercise powers, then the Commission may perform those functions and exercise
those powers. If the Commission decides to do so, it must do so in accordance
with the undertaking.
(8) The provider may withdraw or vary the undertaking at any time, but
only with the consent of the Commission.
(1) If the provider gives an access undertaking to the Commission, the
Commission may request the provider to give the Commission further information
about the undertaking.
(2) The Commission may refuse to consider the undertaking until the
provider gives the Commission the information.
(1) The provider or a user of a postal service to which an access seeker
has access under a determination or a registered contract, or a body corporate
related to the provider or a user of the service, must not engage in conduct for
the purpose of preventing or hindering the access seeker’s access to the
service under the determination or registered contract.
Note: Section 153V sets out the remedies for contraventions
of this section.
(2) A person may be taken to have engaged in conduct for the purpose
referred to in subsection (1) even though, after all the evidence has been
considered, the existence of that purpose is ascertainable only by inference
from the conduct of the person or from other relevant circumstances. This
subsection does not limit the manner in which the purpose of a person may be
established for the purposes of subsection (1).
(3) In this section, a user of a postal service includes a
person who has a right to use the service.
(1) A notification must not be given under section 44S in relation to an
access dispute if:
(a) the dispute relates to one or more aspects of access to a declared
service (within the meaning of this Part); and
(b) the third party referred to in that section is an access seeker
(within the meaning of this Part).
(2) The Commission must not accept an undertaking under section 44ZZA that
relates to a declared service (within the meaning of this Part).
(3) If:
(a) an undertaking under section 44ZZA is in effect in relation to a
particular service; and
(b) at a particular time, the service becomes a declared service (within
the meaning of this Part);
the undertaking ceases to be in effect to the extent (if any) that it sets
out terms and conditions relating to the provision of access to the
service.
Under this Division the Commission may make record-keeping rules to require
providers of postal services to keep records, prepare reports on the information
contained in those records and give those reports to the Commission. The
Commission may also direct that those reports be disclosed to the public or
specified persons.
If the provider fails to comply with the record-keeping rules or the
Commission’s disclosure direction, the Commission may apply to the Federal
Court under Division 10.
(1) The Commission may, by instrument, make rules for and in relation to
requiring one or more specified providers of a postal service to do any or all
of the following:
(a) to keep and retain records;
(b) to prepare reports consisting of information contained in those
records;
(c) to give any or all of the reports to the Commission.
Rules made under this section are called record-keeping
rules.
Note 1: Providers may be specified by name, by inclusion in
a specified class or in any other way.
Note 2: For enforcement of the record-keeping rules, see
Division 10.
(2) The record-keeping rules may specify the manner, form and level of
detail in which the records are to be kept and the reports are to be
prepared.
(3) The record-keeping rules may provide for the preparation of reports as
and when required by the Commission.
(4) The record-keeping rules may require or permit a report prepared in
accordance with the rules to be given to the Commission, in accordance with
specified software requirements and specified authentication
requirements:
(a) on a specified kind of data processing device; or
(b) by way of a specified kind of electronic transmission.
(5) Subsections (2), (3) and (4) do not limit subsection (1).
(6) If the record-keeping rules apply to a provider, the Commission must
give the provider a copy of the rules.
(7) The Commission must not exercise its powers under this section so as
to require the keeping or retention of records unless the records contain, or
will contain, information that is relevant to:
(a) the operation of this Part (other than this Division); or
(b) the operation of the Australian Postal Corporation Limited Act
1989; or
(c) the provision of postal services.
(8) This
section does not limit section 155 (which is about the general
information-gathering powers of the Commission).
(1) The Commission must make record-keeping rules under section 153T for
and in relation to requiring Australia Post:
(a) to keep and retain records in relation to the costing of the community
service obligations; and
(b) to keep and retain separate records for Australia Post’s
reserved services (within the meaning of the Australian Postal Corporation
Limited Act 1989); and
(c) to prepare reports consisting of information contained in the records
referred to in paragraphs (a) and (b); and
(d) to give any or all of the reports to the Commission.
(2) The Commission may make record-keeping rules under section 153T for
and in relation to requiring Australia Post:
(a) to keep and retain separate records for each or all of Australia
Post’s services other than the reserved services (within the meaning of
the Australian Postal Corporation Limited Act 1989); and
(b) to prepare reports consisting of information contained in the records
referred to in paragraph (a); and
(c) to give any or all of the reports to the Commission.
(3) This
section is in addition to, and does not limit, section 153T.
(1) This section applies if a report has been given to the Commission by a
provider in accordance with the record-keeping rules.
Access only if Commission is satisfied of certain things
(2) The Commission may give a notice under subsection (4) or (5) if the
Commission is satisfied that the disclosure of the report, or particular
extracts from it, would be likely to facilitate:
(a) the operation of this Part (other than this Division); or
(b) the operation of the Australian Postal Corporation Limited Act
1989; or
(c) competition in the provision of postal services.
Criteria for giving notice
(3) In deciding whether to give a notice under subsection (4) or (5), the
Commission must have regard to:
(a) the legitimate commercial interests of the provider; and
(b) the public interest; and
(c) such other matters as the Commission considers relevant.
Criteria for disclosure
(4) The Commission may give the provider a written notice stating that the
Commission intends to make copies of the report or extracts, together with other
relevant material (if any) specified in the notice, available for inspection and
purchase:
(a) by the public; or
(b) by such persons, and on such terms and conditions (if any), as are
specified in the notice;
as soon as practicable after the end of the period specified in the
notice.
Note 1: For specification by class, see subsection 46(2) of
the Acts Interpretation Act 1901.
Note 2: The provider may seek review of the
Commission’s decision to disclose the report under section
153U.
(5) The Commission may give the provider a written direction requiring the
provider to make copies of the report or extracts, together with other relevant
material (if any) specified in the direction, available for inspection and
purchase:
(a) by the public; or
(b) by such persons, and on such terms and conditions (if any), as are
specified in the notice;
as soon as practicable after the end of the period specified in the
notice.
Note 1: For specification by class, see subsection 46(2) of
the Acts Interpretation Act 1901.
Note 2: The provider may seek review of the
Commission’s decision to disclose the report under section
153U.
(6) A direction under paragraph (5)(b) is also taken to require the
provider concerned to take reasonable steps to inform the persons who inspect or
purchase copies of the report or extracts of the terms and conditions (if any)
that are specified in the direction.
Period specified in notice
(7) The period specified in a notice under subsection (4) or (5) must be
at least 28 days after the notice was given.
Consultation before giving notice
(8) The Commission must not give the provider a notice under subsection
(4) or (5) unless the Commission has first:
(a) given the provider a written notice:
(i) setting out a draft version of the notice; and
(ii) inviting the provider to make a submission to the Commission on the
draft by a specified time limit; and
(b) considered any submission that was received within that time
limit.
The time limit specified in the notice must be at least 28 days after the
notice was given.
Public access
(9) If the Commission gives the provider a notice under subsection (4)
stating that the Commission intends to give the public access to the reports,
the Commission must make copies of the report or extracts, together with the
other material (if any) specified in the notice, available for inspection and
purchase by the public as soon as practicable after the end of the period
specified in the notice.
Note: For specification by class, see subsection 46(2) of
the Acts Interpretation Act 1901.
Limited access
(10) If the Commission gives the provider a notice under subsection (4)
stating that the Commission intends to give specified persons access to the
reports, the Commission must:
(a) make copies of the report or extracts, together with the other
material (if any) specified in the notice, available for inspection and purchase
by the persons specified in the notice as soon as practicable after the end of
the period specified in the notice; and
(b) take reasonable steps to inform the persons who inspect or purchase
copies of the report or extracts of the terms and conditions (if any) that are
specified in the notice.
Direction to give information about availability of report
(11) If the Commission gives the provider a direction under subsection
(5), the Commission may also give it a written direction requiring it to take
such action as is specified in the direction to inform:
(a) for a direction to give access to the public—the public;
or
(b) for a direction to give access to specified persons—the persons
specified in the direction;
that the report is, or extracts are, available for inspection and
purchase.
(12) The provider must comply with a direction under subsection
(11).
Maximum penalty: 20 penalty units.
Note 1: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
Note 2: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
(13) The price charged by the provider for the purchase of a copy of the
report or extracts and the other material (if any) must not exceed the
reasonable costs incurred by the provider in making the copy of the report or
extracts and the other material (if any) available for purchase.
Compliance with terms and conditions
(14) If, in accordance with a direction under paragraph (4)(b) or (5)(b),
a person inspects or purchases a copy of the report or extracts, the person must
not engage in conduct that results in the person contravening the terms and
conditions (if any) that are specified in the direction or notice.
Maximum penalty: 100 penalty units.
Note 1: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
Note 2: See section 4AA of the Crimes Act 1914 for
the current value of a penalty unit.
Full exemption
(1) The Commission may make a written determination exempting specified
reports from the scope of section 153TB either:
(a) unconditionally; or
(b) subject to such conditions (if any) as are specified in the
determination.
The determination has effect accordingly.
Note: For specification by class, see subsection 46(2) of
the Acts Interpretation Act 1901.
Partial exemption
(2) The Commission may make a written determination that specified
information contained in a report is exempt information for the
purposes of this section, either:
(a) unconditionally; or
(b) subject to such conditions (if any) as are specified in the
determination.
The determination has effect accordingly.
Note: For specification by class, see subsection 46(2) of
the Acts Interpretation Act 1901.
Disallowable instrument
(3) A determination under this section is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act
1901.
(1) The Commission must give to a body specified by the Minister in
writing any reports that the Commission has been given under the record-keeping
rules that contain information about a matter determined by the Minister in
writing relating to the provision of postal services in Australia.
(2) Before giving the specified body a report, the Commission must
identify, and inform the body of, any part of the report that contains
confidential information.
(3) The body must return to the Commission all reports given to the body
under subsection (1) as soon as is practicable after the body has finished with
the report.
If the Commission or a provider is required under this Division to make
copies of a report, extracts or other material available for inspection and
purchase, the Commission or provider may comply with that requirement by making
the report, extracts or other material available for inspection and purchase on
the Internet.
(1) An individual is not excused from giving a report under the
record-keeping rules, or from making a report or extracts available under this
Division, on the ground that the report or extracts might tend to incriminate
the individual or expose the individual to a penalty.
(2) However:
(a) giving the report or making the report or extracts available;
or
(b) any information, document or thing obtained as a direct or indirect
consequence of giving the report or making the report or extracts
available;
is not admissible in evidence against the individual in criminal
proceedings other than proceedings under, or arising out of, section
153TG.
A person must not, in purported compliance with a requirement imposed by
the record-keeping rules, make a record of any matter or thing in such a way
that it does not correctly record the matter or thing.
Maximum penalty: Imprisonment for 6 months.
Note: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
(1) If the Commission:
(a) makes a decision under section 153TB to make a report obtained from a
person, or an extract from such a report, available for inspection and purchase;
or
(b) makes a decision under section 153TB to give a person a written
direction to make a report or extract available for inspection and
purchase;
the person may apply in writing to the Tribunal for a review of the
decision.
(2) An application for review must be made within 28 days after the
Commission made the decision.
(3) The review by the Tribunal is a reconsideration of the
matter.
(4) For the purposes of the review, the Tribunal has the same powers as
the Commission.
(5) For the purposes of the review, the member of the Tribunal presiding
at the review may require the Commission to give such information, make such
reports and provide such other assistance to the Tribunal as the member
specifies.
(6) The Tribunal may make a decision affirming, setting aside or varying
the decision of the Commission.
(7) A decision by the Tribunal affirming, setting aside or varying a
decision of the Commission is taken for the purposes of this Act (other than
this Division) to be a decision of the Commission.
Note: Division 2 of Part IX applies to proceedings before
the Tribunal.
Determinations
(1) If the Federal Court is satisfied, on the application of a party (the
applicant) to a determination, that another party (the
respondent) to the determination has engaged, is engaging, or is
proposing to engage in conduct that constitutes a contravention of the
determination, the Court may make all or any of the following orders:
(a) an order granting an injunction on such terms as the Court thinks
appropriate:
(i) restraining the respondent from engaging in the conduct; or
(ii) if the conduct involves refusing or failing to do
something—requiring the respondent to do that thing;
(b) an order directing the respondent to compensate the applicant for loss
or damage suffered as a result of the contravention;
(c) any other order that the Court thinks appropriate.
Confidential information given during negotiations
(2) If the Federal Court is satisfied, on the application of the
Commission or a person who is the first party in section 153GA, that another
person who is the second party in section 153GA (the respondent)
has engaged, is engaging, or is proposing to engage in conduct that constitutes
a contravention of section 153GA, the Court may make all or any of the following
orders:
(a) an order granting an injunction on such terms as the Court thinks
appropriate:
(i) restraining the respondent from engaging in the conduct; or
(ii) if the conduct involves refusing or failing to do
something—requiring the respondent to do that thing;
(b) an order directing the respondent to compensate a person who has
suffered loss or damage as a result of the contravention;
(c) any other order that the Court thinks appropriate.
Directions about negotiations
(3) If the Federal Court is satisfied, on the application of the
Commission, that a person has engaged, is engaging, or is proposing to engage in
conduct that constitutes a contravention of subsection 153KE(4) or (5), the
Court may make all or any of the following orders:
(a) an order granting an injunction on such terms as the Court thinks
appropriate:
(i) restraining the person from engaging in the conduct; or
(ii) if the conduct involves refusing or failing to do
something—requiring the person to do that thing;
(b) any other order that the Court thinks appropriate.
Access undertakings
(4) If the Federal Court is satisfied, on the application of the
Commission, that the provider of an access undertaking that is in effect has
engaged, is engaging, or is proposing to engage in conduct that constitutes a
contravention of the terms of the undertaking, the Court may make all or any of
the following orders:
(a) an order granting an injunction on such terms as the Court thinks
appropriate:
(i) restraining the provider from engaging in the conduct; or
(ii) if the conduct involves refusing or failing to do
something—requiring the provider to do that thing;
(b) an order directing the provider to compensate a person who has
suffered loss or damage as a result of the contravention;
(c) any other order that the Court thinks appropriate.
Hindering access
(5) If the Federal Court is satisfied, on the application of the
Commission or any person, that another person (the respondent) has
engaged, is engaging, or is proposing to engage in conduct that constitutes a
contravention of section 153Q, the Court may make all or any of the following
orders:
(a) an order granting an injunction on such terms as the Court thinks
appropriate:
(i) restraining the respondent from engaging in the conduct; or
(ii) if the conduct involves refusing or failing to do
something—requiring the respondent to do that thing;
(b) an order directing the respondent to compensate a person who has
suffered loss or damage as a result of the contravention;
(c) any other order that the Court thinks appropriate.
Record-keeping
(6) If the Federal Court is satisfied, on the application of the
Commission or any other person, that a person (the respondent) has
engaged, is engaging, or is proposing to engage in conduct that constitutes or
would constitute a contravention of a record-keeping rule or a disclosure
direction, the Court may make all or any of the following orders:
(a) an order granting an injunction on such terms as the Court thinks
appropriate:
(i) restraining the respondent from engaging in the conduct; or
(ii) if the conduct involves refusing or failing to do
something—requiring the respondent to do that thing;
(b) any other order that the Court thinks appropriate.
(7) If the Federal Court has power under subsection (1), (5) or (6) to
grant an injunction restraining the respondent from engaging in particular
conduct, or requiring the respondent to do anything, the Court may make any
other orders (including granting an injunction) that it thinks appropriate
against any other person who has been in any way (directly or indirectly)
knowingly concerned in or a party to the contravention.
(8) For
the purposes of subsection (1), the revocation of a determination does not
affect any remedy in respect of a contravention of the determination that
occurred when the determination was in effect.
(9) For the purposes of subsection (5), the grounds on which the Court may
decide not to make an order include the ground that Divisions 2 and 5 provide a
more appropriate way of dealing with the issue of the applicant’s access
to the service concerned.
(10) In this section:
disclosure direction means a direction to disclose made by
the Commission under section 153TB.
record-keeping rule means a record-keeping rule made by the
Commission under section 153T.
On an application for an injunction under section 153V, the Federal Court
may grant an injunction by consent of all of the parties to the proceedings,
whether or not the Court is satisfied that the section applies.
(1) The Federal Court may grant an interim injunction pending
determination of an application under section 153V.
(2) If the Commission makes an application under subsection 153V(5) or (6)
to the Federal Court for an injunction, the Court must not require the
Commission or any other person, as a condition of granting an interim
injunction, to give any undertakings as to damages.
The power of the Federal Court to grant an injunction under section 153V
restraining the respondent from engaging in conduct may be exercised whether or
not:
(a) it appears to the Court that the respondent intends to engage again,
or to continue to engage, in conduct of that kind; or
(b) the respondent has previously engaged in conduct of that kind;
or
(c) there is an imminent danger of substantial damage to any person if the
respondent engages in conduct of that kind.
The power of the Federal Court to grant an injunction under section 153V
requiring the respondent to do a thing may be exercised whether or
not:
(a) it appears to the Court that the respondent intends to refuse or fail
again, or to continue to refuse or fail, to do that thing; or
(b) the respondent has previously refused or failed to do that thing;
or
(c) there is an imminent danger of substantial damage to any person if the
respondent refuses or fails to do that thing.
(1) This section applies to a person if the Commission institutes a
proceeding against the person under subsection 153V(6).
(2) The Commission must, at the request of the person and on payment of
the fee (if any) specified in the regulations, give to the person:
(a) a copy of each document that has been given to, or obtained by, the
Commission in connection with the matter to which the proceeding relates and
that tends to establish the person’s case; and
(b) a copy of any other document in the possession of the Commission that
comes to the attention of the Commission in connection with the matter and to
which the proceeding relates and that tends to establish the person’s
case;
unless the document is obtained from the person or prepared by an officer
or professional adviser of the Commission.
(3) If the Commission does not comply with a request under subsection (2),
the Federal Court must, upon application by the person, make an order directing
the Commission to comply with the request. This rule has effect subject to
subsection (4).
(4) The Federal Court may refuse to make an order under subsection (3)
about a document or a part of a document if the Federal Court considers it
inappropriate to make the order on the grounds that the disclosure of the
contents of the document or part of the document would prejudice any person, or
for any other reason.
(5) Before the Federal Court gives a decision on an application under
subsection (3), the Federal Court may require any documents to be produced to it
for inspection.
(6) An order under this section may be expressed to be subject to such
conditions as are specified in the order.
Declarations
(1) The Commission must maintain a public register that includes each
declaration (including a declaration that is no longer in effect).
Determinations
(2) The Commission must maintain a public register that specifies the
following information for each determination:
(a) the names of the parties to the determination;
(b) the postal service to which the determination relates;
(c) the date on which the determination was made.
Access undertakings
(3) The Commission must maintain a public register that
includes:
(a) all access undertakings that have been accepted by the Commission,
including those that are no longer in effect; and
(b) all variations of access undertakings.
(4) The registers may be maintained by electronic means.
(5) A person may, on payment of the fee (if any) specified in the
regulations:
(a) inspect a register; and
(b) make a copy of, or take extracts from, the register.
(6) If a register is maintained by electronic means, a person is taken to
have made a copy of, or taken an extract from, the register if the Commission
gives the person a printed copy of, or of the relevant parts of, the
register.
(7) If a person requests that a copy be provided in an electronic form,
the Commission may provide the relevant information:
(a) on any article or material (for example, a disk) from which
information is capable of being produced, with or without the aid of any other
article or material; or
(b) by way of electronic transmission.
(1) The Commission may make a written determination providing that a
specified postal or other like service is a postal service for the purposes of
the definition of postal service in section 153AA.
Note 1: The Commission may only make a determination under
this subsection if the specified service is covered by paragraph 51(v) of the
Constitution.
Note 2: For specification by class, see subsection 46(2) of
the Acts Interpretation Act 1901.
(2) The Commission may make a written determination providing that a
specified service is not a postal service for the purposes of the definition of
postal service in section 153AA.
Note: A service may be specified by name, by inclusion in a
specified class or in any other way.
(3) A determination under subsection (1) or (2) has effect
accordingly.
(4) A determination under subsection (1) or (2) is a disallowable
instrument for the purposes of section 46A of the Acts Interpretation Act
1901.
(1) Chapter 2 of the Criminal Code applies to all offences against
this Part.
(2) A maximum penalty that is specified:
(a) at the foot of a section of this Part (other than a section that is
divided into subsections); or
(b) at the foot of a subsection of a section of this Part;
indicates that a person who contravenes the section or subsection is guilty
of an offence against the section or subsection that is punishable, on
conviction, by a penalty up to that maximum.
(1) In determining the meaning of a provision of Part IIIA, XIB or XIC,
the provisions of this Part (other than section 153R) are to be
ignored.
(2) In determining the meaning of a provision of this Part, Part IIIA, XIB
and XIC are to be ignored.
This Part does not affect the operation of Parts IV and VII.
(1) If:
(a) this Part, or a determination made under this Part, would result in an
acquisition of property; and
(b) this Part, or the determination, would not be valid, apart from this
section, because a particular person has not been sufficiently
compensated;
the Commonwealth must pay that person:
(c) a reasonable amount of compensation agreed on between the person and
the Commonwealth; or
(d) failing agreement—a reasonable amount of compensation determined
by a court of competent jurisdiction.
(2) In assessing compensation payable in a proceeding begun under this
section, the following must be taken into account if they arise out of the same
event or transaction:
(a) any damages or compensation recovered, or other remedy, in a
proceeding begun otherwise than under this section;
(b) compensation awarded under a determination made under this
Part.
(3) In this section, acquisition of property has the same
meaning as in paragraph 51(xxxi) of the Constitution.
(1) If, in a proceeding (other than a criminal proceeding) under this Part
in respect of conduct engaged in by a body corporate, it is necessary to
establish the state of mind of the body corporate in relation to particular
conduct, it is sufficient to show:
(a) that the conduct was engaged in by a director, employee or agent of
the body corporate within the scope of his or her actual or apparent authority;
and
(b) that the director, employee or agent had the relevant state of
mind.
(2) Any conduct engaged in on behalf of a body corporate:
(a) by a director, employee or agent of the body corporate within the
scope of the person’s actual or apparent authority; or
(b) by any other person at the direction or with the consent or agreement
(whether express or implied) of a director, employee or agent of the body
corporate, if the giving of the direction, consent or agreement is within the
scope of the actual or apparent authority of the director, employee or
agent;
is taken for the purposes of this Part to have been engaged in also by the
body corporate, unless the body corporate establishes that the body corporate
took reasonable precautions and exercised due diligence to avoid the
conduct.
(3) If, in a proceeding under this Part in respect of conduct engaged in
by an individual, it is necessary to establish the state of mind of the
individual, it is sufficient to show:
(a) that the conduct was engaged in by an employee or agent of the
individual within the scope of his or her actual or apparent authority;
and
(b) that the employee or agent had the relevant state of mind.
(4) Conduct engaged in on behalf of an individual:
(a) by an employee or agent of the individual within the scope of the
actual or apparent authority of the employee or agent; or
(b) by any other person at the direction or with the consent or agreement
(whether express or implied) of an employee or agent of the individual, if the
giving of the direction, consent or agreement is within the scope of the actual
or apparent authority of the employee or agent;
is taken, for the purposes of this Part, to have been engaged in also by
that individual, unless that individual establishes that he or she took
reasonable precautions and exercised due diligence to avoid the
conduct.
(5) If:
(a) an individual is convicted of an offence; and
(b) the individual would not have been convicted of the offence if
subsections (3) and (4) had not been enacted;
the individual is not liable to be punished by imprisonment for that
offence.
(6) A reference in subsection (1) or (3) to the state of mind of a person
includes a reference to:
(a) the knowledge, intention, opinion, belief or purpose of the person;
and
(b) the person’s reasons for the intention, opinion, belief or
purpose.
(7) A reference in this section to a director of a body corporate includes
a reference to a constituent member of a body corporate incorporated for a
public purpose by a law of the Commonwealth, of a State or of a
Territory.
(8) In this section:
director has the meaning given by the Corporations
Law.
(1) Before 1 July 2004 or such later date as is prescribed by the
regulations, the Minister must cause to be conducted a review of the operation
of this Part.
(2) In conducting the review, consideration must be given to the question
whether any or all of the provisions of this Part should be repealed or
amended.
(3) The Minister must:
(a) prepare a report on the findings of the review; and
(b) cause a copy of the report to be tabled before each House of the
Parliament within 15 sitting days of that House after the day on which the
report is prepared.
(1) After the cut-off time:
(a) a declaration cannot be made under section 153C; and
(b) a contract cannot be registered under section 153HB; and
(c) a dispute cannot be notified under section 153J; and
(d) an access undertaking cannot be accepted under section
153PA.
(2) The cut-off time is the later of:
(a) the end of 1 July 2005; or
(b) if, before 1 July 2005, the regulations prescribe a day in the period
beginning on 2 July 2005 and ending on 1 July 2006—the end of that
day.
(1) The Governor-General may make regulations prescribing
matters:
(a) required or permitted by this Part to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Part.
(2) Without limiting subsection (1), the regulations may prescribe that a
thing is, or is not, a postal article for the purposes of the definition of
postal article in section 153AA.
(3) Without limiting subsection (1), the regulations may provide for the
Commission to:
(a) charge the parties to an arbitration for its costs in conducting the
arbitration; and
(b) apportion the charge between the parties.
(4) Without limiting subsection (1), the regulations may make provision
about the following matters in relation to the functions of the Tribunal under
this Part:
(a) the constitution of the Tribunal;
(b) the arrangement of the business of the Tribunal;
(c) the disclosure of interests by members of the Tribunal;
(d) determining questions before the Tribunal and questions that arise
during a review;
(e) procedure and evidence, including the appointment of persons to assist
the Tribunal by giving evidence (whether personally or by means of a written
report).
(5) Without limiting subsection (1), the regulations may make provision
about the inspection of registers maintained under this Part (including
provision about fees).
3 Subsection 155(1)
After “(as defined by subsection (9))”, insert “or a
designated postal matter (as defined by subsection (10)),”.
4 At the end of section 155
Add:
(10) A reference in this section to a designated postal
matter is a reference to the performance of a function, or the exercise
of a power, conferred on the Commission by or under Part XID.
5 After section 155AB
Insert:
(1) A Commission official must not disclose any protected Part XID
information to any person, except:
(a) when the Commission official is performing duties or functions as a
Commission official; or
(b) when the Commission official or the Commission is required by law to
disclose the information.
(2) Paragraph (1)(a) does not allow a Commission official to disclose
protected Part XID information when performing a function of the Commission
described in section 28.
(3) In this section:
Commission official means:
(a) a member, or associate member, of the Commission; or
(b) a person referred to in subsection 27(1); or
(c) a person engaged under section 27A.
disclose means divulge or communicate.
information includes information in a document and
information given in evidence.
protected Part XID information means information
that:
(a) was obtained by the Commission under section 153PB, 153T or 155;
or
(b) relates to a matter arising under Part XID.
6 Subparagraph
163A(1)(a)(iii)
Repeal the subparagraph, substitute:
(iii) Part XIC;
(iv) Part XID; or
7 Subsection 171B(1)
Omit “and Division 8 of Part XIC”, substitute “, Division
8 of Part XIC and Division 5 of Part XID”.
Note: The heading to section 171B is altered by omitting
“and Division 8 of Part XIC” and substituting “,
Division 8 of Part XIC and Division 5 of Part
XID”.
Part
2—Transitional
provisions
8 Minister must declare postal
services
(1) During the period beginning on the day on which item 2 of this Schedule
commences and ending 6 months after that day, the Minister must, by instrument,
determine that the following postal services provided by Australia Post are
declared services:
(a) each bulk service; and
(b) each service related to a post-office box.
(2) If the Minister determines under subitem (1) that a postal service is a
declared service, the service is taken for the purposes of Part XID of the
Trade Practices Act 1974 to be a declared service under that
Part.
(3) The Minister may, by instrument, make a determination that revokes a
determination under subitem (1).
(4) Subitem (2) ceases to operate if the Minister revokes the determination
under subitem (3).
(5) However, the revocation of a determination does not affect:
(a) the arbitration of an access dispute that was notified under section
153J of the Trade Practices Act 1974 before the revocation; or
(b) the operation or enforcement of any determination made in the
arbitration of an access dispute that was notified under section 153J of the
Trade Practices Act 1974 before the revocation.
(6) A determination under subitem (1) or (3) takes effect at the time
specified in the determination.
(7) A determination under subitem (1) or (3) is a disallowable instrument
for the purposes of section 46A of the Acts Interpretation Act
1901.
(8) In this item, a bulk service means a service provided by
Australia Post under which bulk quantities of letters are delivered in Australia
at reduced rates if:
(a) they are lodged at the office of Australia Post specified in the terms
and conditions of the service; and
(b) they have, before being lodged, been sorted in accordance with the
terms and conditions of the service.