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Postal and Telecommunications Amendment Act 1983

Act No. 147 of 1983 as made
An Act to amend the Postal Services Act 1975 and the Telecommunications Act 1975, and for other purposes
Administered by: Communications and the Arts
Date of Assent 22 Dec 1983

POSTAL AND TELECOMMUNICATIONS AMENDMENT ACT 1983 No. 147, 1983

POSTAL AND TELECOMMUNICATIONS AMENDMENT ACT 1983 No. 147, 1983 - SECT. 1. Short title.

                          1975, and for other purposes                            (Assented to 22 December 1983)                               PART I-PRELIMINARYShort title, &c.  1. (1) This Act may be cited as the Postal and Telecommunications AmendmentAct 1983.

(2) The Postal Services Act 1975*1* is in this Act referred to as the Principal Act.

POSTAL AND TELECOMMUNICATIONS AMENDMENT ACT 1983 No. 147, 1983 - SECT. 2. Commencement

  2. This Act shall come into operation on the day on which it receives theRoyal Assent.

POSTAL AND TELECOMMUNICATIONS AMENDMENT ACT 1983 No. 147, 1983 - SECT. 3. Interpretation

                   PART II-AMENDMENTS OF POSTAL SERVICES ACT  3. Section 3 of the Principal Act is amended-         (a)  by inserting in the definition of ''mail'' in sub-section (1)'', by courier service or by electronic mail service'' after ''post'';         (b)  by omitting from sub-section (1) the definition of ''postalarticle'' and substituting the following definition:            '' 'postal article' means an article transmissible by-               (a)  the post;               (b)  the courier service; or               (c)  an electronic mail service;''; and         (c)  by omitting from paragraph (2) (c) ''through the post''.

POSTAL AND TELECOMMUNICATIONS AMENDMENT ACT 1983 No. 147, 1983 - SECT. 4. Powers of the Commission

  4. Section 9 of the Principal Act is amended-         (a)  by omitting from paragraph (3) (d) ''but not required for thepurposes of the Commission''; and         (b)  by omitting from paragraph (3) (e) ''the use of which is not forthe time being required by the Commission''.

POSTAL AND TELECOMMUNICATIONS AMENDMENT ACT 1983 No. 147, 1983 - SECT. 5.

  5. After section 9 of the Principal Act the following sections areinserted:Courier Service  ''10. (1) The Commission may operate a courier service, being a service thatprovides for the collection, at the request of a person using the service, ofan article, being an article transmissible by courier service, from a place inAustralia specified by or on behalf of the person and the conveyance anddelivery of the article to another place in Australia that is so specified.  ''(2) The courier service may, subject to and in accordance with theBy-laws, provide for-         (a)  the collection from an office of the Commission of a postalarticle transmitted by post to the office of the Commission and the conveyanceand delivery of the article to a place other than an office of the Commission;and         (b)  the collection of a postal article from a place other than anoffice of the Commission and the conveyance and delivery of the article to anoffice of the Commission and the lodging of the article (on behalf of theperson using the service) for transmission by post to another place.  ''(3) In this section, 'article transmissible by courier service' means anarticle transmissible by post and any other article that, under the By-laws,is transmissible by courier service.Electronic mail  ''10A. (1) The Commission may operate electronic mail services, beingservices for the transmission of information-
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(a) in part by means of electromagnetic energy; and (b) in part by means of any one or more of the following: (i) accepting delivery of or collecting; (ii) carrying or conveying; (iii) delivering or making available for collection, a document containing that information. ''(2) Subject to sub-section (5), the Commission may operate electronic mailservices, being services for the transmission of information solely by meansof electromagnetic energy, if- (a) in the case of a transmission of information solely withinAustralia-it has obtained the consent of the Australian TelecommunicationsCommission; or (b) in the case of a transmission of information that originatesfrom, or has as its final destination, a person or body in a foreigncountry-it has obtained the consent of the Overseas TelecommunicationsCommission (Australia). ''(3) For the purposes of sub-section (2), a consent may be given in respectof a specified transmission or a specified class of transmissions. ''(4) In conjunction with the operation of electronic mail services, theCommission may- (a) enhance, sort or modify the presentation or addressing of theinformation; and (b) transfer to a document or documents the information transmittedby electromagnetic energy, and make such preparation of the document ordocuments for delivery as it thinks fit. ''(5) The Commission shall not operate an electronic mail service in whichinformation is transmitted between Australia and a foreign country by means ofelectromagnetic energy unless the person or body in the foreign country towhom or from whom the transmission takes place is a prescribed user. ''(6) No action for defamation (whether civil or criminal), breach ofconfidence or infringement of copyright lies against the Commission, anofficer or an employee in respect of anything done in accordance with thissection. ''(7) The transmission of information to a person in accordance with thissection shall not be taken, for the purposes of the law relating todefamation, breach of confidence or copyright, to constitute an authorizationor approval of anything done in respect of that information by that person. ''(8) In this section- 'document' includes- (a) a book, plan, paper, parchment or other material on which thereis writing or printing, or on which there are marks, symbols or perforationshaving a meaning for persons qualified to interpret them; and (b) a disc, tape, paper or other device from which sounds or messagesare capable of being reproduced; 'prescribed user' means- (a) a postal administration of a foreign country; or (b) a person or body declared by the Minister, by notice published inthe Gazette, to be a prescribed user for the purposes of this section.''.

POSTAL AND TELECOMMUNICATIONS AMENDMENT ACT 1983 No. 147, 1983 - SECT. 6. Commission may act as agent, &c.

  6. Section 12 of the Principal Act is amended by adding at the end thereofthe following sub-sections:  ''(2) Subject to sub-section (3), the Commission may make an arrangementwith any person for the Commission to do, on behalf of the person, any acts orthings referred to, or any acts or things included in a class or classes of
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acts or things referred to, in the arrangement, being acts or things that canconveniently be done in conjunction with the performance of the functions ofthe Commission. ''(3) Sub-section (2) does not authorize the Commission to make anarrangement for the Commission to do any acts or things unless- (a) the acts or things are to be done in a Territory; (b) the acts or things are to be done in a Commonwealth place asdefined by the Commonwealth Places (Application of Laws) Act 1970; (c) the acts or things to be done are to take place in the courseof, or in relation to- (i) trade or commerce between Australia and places outsideAustralia; (ii) trade or commerce among the States; (iii) trade or commerce within a Territory, between a State and aTerritory or between 2 Territories; (iv) banking, other than State banking within the limits of the Stateconcerned; or (v) insurance, other than State insurance within the limits of theState concerned; or (d) the person making the arrangement with the Commission is- (i) a foreign corporation within the meaning of paragraph 51 (xx) ofthe Constitution; (ii) a trading or financial corporation within the meaning of thatparagraph formed within the limits of the Commonwealth; or (iii) a body corporate incorporated in a Territory. ''(4) The doing by the Commission of any act or thing pursuant to anarrangement under this section shall be subject to such terms and conditionsas the Commission determines.''.

POSTAL AND TELECOMMUNICATIONS AMENDMENT ACT 1983 No. 147, 1983 - SECT. 7. When postage need not be pre-paid

  7. Section 15 of the Principal Act is amended by adding at the end thereofthe following sub-section:  ''(4) Nothing in this section prevents the Commission from-         (a)  making arrangements with a person under which the fee in respectof the transmission of postal articles by the courier service or by anelectronic mail service need not be pre-paid; or         (b)  transmitting and delivering by the courier service or by anelectronic mail service postal articles the fee for the transmission of whichhas not been paid.''.

POSTAL AND TELECOMMUNICATIONS AMENDMENT ACT 1983 No. 147, 1983 - SECT. 8. Special charges

  8. Section 20 of the Principal Act is amended-         (a)  by omitting from sub-section (1) ''of postage'';         (b)  by omitting from sub-section (2) ''provide for postage'' andsubstituting ''provide for charges'';         (c)  by omitting from sub-section (2) ''of postage'';         (d)  by inserting in sub-section (3) '', lodging or handing over''after ''posting'' (twice occurring); and         (e)  by omitting from sub-section (3) ''of postage''.

POSTAL AND TELECOMMUNICATIONS AMENDMENT ACT 1983 No. 147, 1983 - SECT. 9. Meetings of the Commission

  9. Section 34 of the Principal Act is amended by adding at the end thereofthe following sub-sections:  ''(10) Where a majority of the Commissioners sign a document containing a
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statement that they are in favour of a resolution in terms set out in thedocument, a resolution in those terms shall be deemed to have been passed at aduly constituted meeting of the Commission held on the day on which thedocument was signed, or, if the Commissioners sign the document on differentdays, on the day on which the document was last signed by a Commissioner. ''(11) For the purposes of sub-section (10), 2 or more separate documentscontaining statements in identical terms each of which is signed by one ormore Commissioners shall together be deemed to constitute one documentcontaining a statement in those terms signed by those Commissioners on therespective days on which they signed the separate documents.''.

POSTAL AND TELECOMMUNICATIONS AMENDMENT ACT 1983 No. 147, 1983 - SECT. 10. Tenure of office

  10. Section 57 of the Principal Act is amended by omitting from sub-section(1) ''60 years'' and substituting ''55 years''.

POSTAL AND TELECOMMUNICATIONS AMENDMENT ACT 1983 No. 147, 1983 - SECT. 11. Letters not to be carried for reward

  11. Section 85 of the Principal Act is amended by inserting after paragraph(2) (a) the following paragraphs:           ''(aa)  the carriage or conveyance of a letter within Australiawhere the consideration payable for that carriage or conveyance is an amountthat is not less than 10 times the highest postage applicable, at the time ofthat carriage or conveyance, under paragraph 18 (1) (a) for the transmissionof a letter within Australia by post;           (ab)  the carriage or conveyance of a letter from Australia toanother country where the consideration payable for that carriage orconveyance is an amount that is not less than 10 times the highest postageapplicable, at the time of that carriage or conveyance, under section 18 forthe carriage or conveyance by air mail service of a letter of 20 grams inweight from Australia to that other country;''.

POSTAL AND TELECOMMUNICATIONS AMENDMENT ACT 1983 No. 147, 1983 - SECT. 12. Fraudulently removing stamps

  12. Section 88 of the Principal Act is amended-         (a)  by omitting from paragraph (1) (a) ''sent by post'';         (b)  by inserting in sub-section (2) '', or committed fortransmission by courier service or by electronic mail service,'' after''posted''; and         (c)  by adding at the end thereof the following sub-section:            ''(3) In this section, 'postal purposes' includes the purposes ofsending a postal article by the courier service and sending a postal articleby an electronic mail service.''.

POSTAL AND TELECOMMUNICATIONS AMENDMENT ACT 1983 No. 147, 1983 - SECT. 13. Retaining or secreting postal articles

  13. Section 89 of the Principal Act is amended by adding at the end thereofthe following sub-section:  ''(2) In this section, 'the post' includes the courier service and anelectronic mail service.''.

POSTAL AND TELECOMMUNICATIONS AMENDMENT ACT 1983 No. 147, 1983 - SECT. 14. Improperly obtaining postal articles

  14. Section 90 of the Principal Act is amended by inserting ''by courierservice or by electronic mail service,'' after ''post,''.

POSTAL AND TELECOMMUNICATIONS AMENDMENT ACT 1983 No. 147, 1983 - SECT. 15. Wrongful delivery of postal articles

  15. Section 91 of the Principal Act is amended by inserting '', by courierservice or by electronic mail service'' after ''post''.

POSTAL AND TELECOMMUNICATIONS AMENDMENT ACT 1983 No. 147, 1983 - SECT. 16. Stealing postal articles

  16. Section 92 of the Principal Act is amended-         (a)  by inserting in sub-section (1) '', the courier service or anelectronic mail service'' after ''post''; and         (b)  by inserting in sub-section (2) '', by courier service or byelectronic mail service'' after ''post''.

POSTAL AND TELECOMMUNICATIONS AMENDMENT ACT 1983 No. 147, 1983 - SECT. 17. Tampering with the mail
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  17. Section 93 of the Principal Act is amended by inserting '', the courierservice or an electronic mail service'' after ''post'' (wherever occurring).

POSTAL AND TELECOMMUNICATIONS AMENDMENT ACT 1983 No. 147, 1983 - SECT. 18. Explosives

  18. Section 100 of the Principal Act is amended by inserting '', by courierservice or by electronic mail service'' after ''post''.

POSTAL AND TELECOMMUNICATIONS AMENDMENT ACT 1983 No. 147, 1983 - SECT. 19. Hoax explosives

  19. Section 100A of the Principal Act is amended by inserting '', by courierservice or by electronic mail service'' after ''post''.

POSTAL AND TELECOMMUNICATIONS AMENDMENT ACT 1983 No. 147, 1983 - SECT. 20. Repeal of sections 101 and 101A

  20. Sections 101 and 101A of the Principal Act are repealed.

POSTAL AND TELECOMMUNICATIONS AMENDMENT ACT 1983 No. 147, 1983 - SECT. 21. Protection from actions

  21. Section 104 of the Principal Act is amended-         (a)  by omitting from sub-section (1) ''by post''; and         (b)  by inserting in sub-section (2) '', by courier service or byelectronic mail service'' after ''by post''.

POSTAL AND TELECOMMUNICATIONS AMENDMENT ACT 1983 No. 147, 1983 - SECT. 22.

  22. After section 105 of the Principal Act the following section isinserted: Reward for information as to theft of property, &c.  ''105A. Where the Commission learns, as a result of information furnished tothe Commission by a person, the identity of a person who has stolen propertybelonging to, or under the control of, the Commission, or has broken intopremises of the Commission, the Commission may pay to that first-mentionedperson, by way of reward, a sum determined by the Commission but not exceeding$10,000 or such higher amount as may be prescribed by the regulations.''.

POSTAL AND TELECOMMUNICATIONS AMENDMENT ACT 1983 No. 147, 1983 - SECT. 23. Reward for information as to damage to property

  23. Section 106 of the Principal Act is amended by omitting ''$100'' andsubstituting ''$1,000''.

POSTAL AND TELECOMMUNICATIONS AMENDMENT ACT 1983 No. 147, 1983 - SECT. 24. By-laws

  24. Section 115 of the Principal Act is amended-         (a)  by adding at the end of paragraph (1) (g) ''or other chargesfixed under section 18'';         (b)  by omitting from paragraph (1) (m) ''through the post''; and         (c)  by inserting after paragraph (1) (o) the following paragraphs:         ''(p) the establishment, management and operation of the courierservice;        (pa) the establishment, management and operation of electronic mailservices;''.

POSTAL AND TELECOMMUNICATIONS AMENDMENT ACT 1983 No. 147, 1983 - SECT. 25. Regulations

  25. Section 116 of the Principal Act is amended-         (a)  by omitting from paragraph (a) ''through the post''; and         (b)  by inserting after ''sending by post'' in paragraph (g) '', bythe courier service or by an electronic mail service''.

POSTAL AND TELECOMMUNICATIONS AMENDMENT ACT 1983 No. 147, 1983 - SECT. 26. Formal amendments

  26. The Principal Act is amended as set out in the Schedule.

POSTAL AND TELECOMMUNICATIONS AMENDMENT ACT 1983 No. 147, 1983 - SECT. 27. By-laws

PART  III-PROVISIONS  RELATING  TO  BY-LAWS  UNDER  THE  POSTAL  SERVICES                  ACT  AND  THE  TELECOMMUNICATIONS  ACT  1975  27. Section 115 of the Principal Act is amended by omitting sub-sections (2)and (3) and substituting the following sub-sections:
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''(2) Sections 48, 49 and 50 of the Acts Interpretation Act 1901 apply inrelation to By-laws as if references in those sections to regulations werereferences to By-laws. ''(3) By-laws shall not be deemed to be statutory rules within the meaningof the Statutory Rules Publication Act 1903, but sub-sections 5 (3) to (3C)(inclusive) of that Act apply in relation to By-laws in like manner as theyapply in relation to statutory rules. ''(4) For the purposes of the application of sub-section 5 (3B) of theStatutory Rules Publication Act 1903 in accordance with sub-section (3) ofthis section, the reference in that first-mentioned sub-section to theMinister of State for Administrative Services shall be construed as areference to the Minister of State administering this Act.''.

POSTAL AND TELECOMMUNICATIONS AMENDMENT ACT 1983 No. 147, 1983 - SECT. 28. By-laws

  28. Section 111 of the Telecommunications Act 1975 is amended by omittingsub-sections (2) and (3) and substituting the following sub-sections:  ''(2) Sections 48, 49 and 50 of the Acts Interpretation Act 1901 apply inrelation to By-laws as if references in those sections to regulations werereferences to By-laws.  ''(3) By-laws shall not be deemed to be statutory rules within the meaningof the Statutory Rules Publication Act 1903, but sub-sections 5 (3) to (3C)(inclusive) of that Act apply in relation to By-laws in like manner as theyapply in relation to statutory rules.  ''(4) For the purposes of the application of sub-section 5 (3B) of theStatutory Rules Publication Act 1903 in accordance with sub-section (3) ofthis section, the reference in that first-mentioned sub-section to theMinister of State for Administrative Services shall be construed as areference to the Minister of State administering this Act.''.

POSTAL AND TELECOMMUNICATIONS AMENDMENT ACT 1983 No. 147, 1983 - SECT. 29. Validation of By-laws

  29. The publication in the Gazette, before the commencement of this section,of any form of words being, purporting to be, or apparently intended to be-         (a)  a notice or notification of the making of, with respect to themaking of, or referring to the making of, By-laws under the Principal Act orunder the Telecommunications Act 1975; or         (b)  a notice or notification of any such By-laws having been made,shall be taken to be, and to have always been, a sufficient compliance withsub-section 48 (1) of the Acts Interpretation Act 1901, and the date of thepublication in the Gazette of that form of words shall be deemed, for thepurposes of that sub-section, to have been the date on which the By-laws werenotified in the Gazette.                                ----------------

POSTAL AND TELECOMMUNICATIONS AMENDMENT ACT 1983 No. 147, 1983 - SCHEDULE

SCHEDULE Section 26 FORMAL AMENDMENTS--------------------------------------------------------------------------------Provision amended Omit- Substitute---------------------------------------------------------------------------------Sub-section 3 (1) (definition of ''organization'') 1904-1974 1904Section 12 . . . . . Australia (wherever occurring) the CommonwealthSub-section 19 (2) . Australia the CommonwealthSub-section 19 (3) . Australia the CommonwealthSub-section 19 (6) . Australia the CommonwealthSub-section 24 (3) . Australia the CommonwealthSub-section 27 (3) . 1973-1974 1973Sub-section 38 (3) . 1973-1974 1973Sub-paragraph 44 (1) (a) (i) Australia the CommonwealthSub-paragraph 45 (3) (a) (i) Australia the CommonwealthParagraph 46 (2) (c) 1922-1975 1922Paragraph 46 (2) (d) 1904-1974 1904Paragraph 50 (3) (b) 1965-1973 1965Sub-section 55 (5) . 1973-1974 1973Paragraph 55 (7) (a) 1922-1975 1922Sub-section 69 (1) (definition of ''Conciliation and Arbitration Commission'') 1904-1974 1904Sub-section 69 (2) . 1904-1974 1904Sub-section 69 (3) . 1904-1974 1904Sub-section 70 (2) . Australia the CommonwealthParagraph 70 (2) (a) (Australian Government Employees) Act 1971-1974, the Commonwealth Employees' Furlough Act 1943-1973 or the Superannuation Act 1922-1974 (Commonwealth Government Employees) Act 1971, the Long Service Leave (Commonwealth Employees) Act 1976, the Superannuation Act 1922 or the Superannuation Act1976Sub-section 71 (1) . 1904-1974 1904Sub-section 71 (2) . (a) 1904-1974 (b) sub-section (1) of this section 1904 sub-section (1)Section 72 . . . . . 1904-1974 1904Paragraph 74 (1) (a) Australia the CommonwealthParagraph 74 (1) (b) Australia the CommonwealthSub-section 74 (2) . Australia the CommonwealthSub-section 74 (3) . Australia the CommonwealthSub-section 75 (2) . Australia the CommonwealthSub-section 75 (4) . Australia (twice occurring) the CommonwealthParagraph 78 (1) (c) Australia the CommonwealthParagraph 78 (2) (b) Australia the CommonwealthSection 83 . . . . . Australia the CommonwealthSub-section 110 (1). Australia the CommonwealthParagraph 116 (a). . Australia the Commonwealth--------------------------------------------------------------------------------

POSTAL AND TELECOMMUNICATIONS AMENDMENT ACT 1983 No. 147, 1983 - NOTE

NOTE1. No. 54, 1975, as amended. For previous amendments, see Nos. 36 and 170,1978; No. 7, 1979; No. 177, 1980; Nos. 61 and 74, 1981; No. 80, 1982; and No.39, 1983.
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