Postal Services Legislation Amendment Bill 2003
First Reading
Postal Services Legislation Amendment Bill 2003
First Reading
Download RTF 2002-2003
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Postal Services Legislation Amendment Bill 2003
No. , 2003
(Communications, Information Technology and the Arts)
A Bill for an Act to amend legislation relating to postal services, and for related purposes
Contents
Australian Communications Authority Act 1997 4
Australian Postal Corporation Act 1989 4
Trade Practices Act 1974 13
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 2003.
This Act commences on the day on which it receives the Royal Assent.
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Reports in relation to prescribed performance standards (1) Despite the repeal of section 28D of the Australian Postal Corporation Act 1989 by item 10 of Schedule 1, the Auditor-General's obligations under that section continue to apply, in relation to the financial year in which this Act commences and each previous financial year, as if that repeal had not happened.
(2) The first financial year for which the Australian Communications Authority must report to the Minister under section 50B of the Australian Postal Corporation Act 1989, as inserted by item 21 of Schedule 1, is the financial year after the financial year in which this Act commences.
Calculations of cost of complying with community service obligations
(3) The first financial year for which the Australian Communications Authority is required to make a calculation under subsection 50F(1) of the Australian Postal Corporation Act 1989, as inserted by item 21 of Schedule 1, is the financial year after the financial year in which this Act commences.
(4) Despite the repeal of subparagraph 44(1)(g)(i) of the Australian Postal Corporation Act 1989 by item 20 of Schedule 1, the assessment required by that subparagraph must be included in the annual report to which the subparagraph applies for the financial year in which this Act commences and each previous financial year, as if that repeal had not happened.
(5) In preparing a corporate plan required under section 17 of the Commonwealth Authorities and Companies Act 1997 that is given to the Minister in:
(a) the financial year in which this Act commences; or
(b) either of the next 2 financial years after that financial year;
the Board of Australia Post must have regard to the cost of complying with Australia Post's community service obligations as calculated by Australia Post, as if the amendment of paragraph 38(g) of the Australian Postal Corporation Act 1989 by item 19 of Schedule 1 had not happened.
Back to Top ACCC's new obligation (6) The Australian Competition and Consumer Commission must fulfil its obligation under subsection 50H(2) of the Australian Postal Corporation Act 1989, as inserted by item 21 of Schedule 1, within 12 months of the commencement of this Act.
Prescribed performance standards saved
(7) Performance standards prescribed under subsection 28C(1) of the Australian Postal Corporation Act 1989 before that subsection was repealed by item 10 of Schedule 1 continue to have effect after the commencement of that item as if the standards had been prescribed under subsection 50C(1) of the Australian Postal Corporation Act 1989 as inserted by item 21 of Schedule 1.
Australian Communications Authority Act 1997
1 Section 4
Insert:
ACA's postal functions has the meaning given by section 7A.
2 After paragraph 5(b)
Insert:
(ba) the postal functions mentioned in section 7A;
3 After section 7
Insert:
The ACA's
postal functions are as follows:
(a) the functions conferred on the ACA by or under the Australian Postal Corporation Act 1989;
(b) to advise the Minister on the performance of Australia Post in the supply of postal services;
(c) to do anything incidental to or conducive to the performance of any of the above functions.
4 Subparagraph 8(1)(b)(i)
Omit "or 7", substitute ", 7 or 7A".
5 At the end of subsection 50(2)
Add:
; and (h) a copy of any directions given to the ACA under subsection 50B(2) or 50E(1) of the Australian Postal Corporation Act 1989 during the financial year.
Australian Postal Corporation Act 1989
6 Section 3
Insert:
ACA means the Australian Communications Authority.
7 Section 3
Insert:
ACCC means the Australian Competition and Consumer Commission.
8 Section 3
Insert:
postal functions, in relation to the ACA, has the meaning given by section 7A of the Australian Communications Authority Act 1997.
9 Section 3
Insert:
prescribed performance standards has the meaning given by subsection 50C(1).
10 Division 1A of Part 3
Repeal the Division.
11 After paragraph 30(1)(ha)
Insert:
(hb) the carriage of a letter to the provider of an aggregation service, for the purposes of aggregation in order to use a bulk interconnection service (within the meaning of section 32A);
12 At the end of paragraph 30(1)(ma)
Add:
; or (iii) from a member of the service to a service centre of the service (subject to subsection (1C)); or
(iv) from a service centre of the service to a member of the service (subject to subsections (1C) and (1D));
13 After subsection 30(1A)
Insert:
(1AA) For the purposes of paragraph (1)(hb), an aggregation service is a service:
Back to Top (a) that aggregates letters from different senders; and
(b) that is offered in order to allow the senders to use a bulk interconnection service (within the meaning of section 32A).
14 After subsection 30(1B)
Insert:
(1C) Carriage of a letter between a service centre of a document exchange service and a person who is a member of the service is only covered by subparagraph (1)(ma)(iii) or (iv) if, at the time of the carriage, all of the following apply:
(a) the person chose to become a member of the service by applying directly to the provider of the service;
(b) the terms and conditions on which the service is provided require the person to pay a fee periodically (at least annually) to remain a member;
(c) the person has a unique identifier that:
(i) is not a postal address; and
(ii) does not include a street name;
for the purposes of sending and receiving letters carried by the service;
(d) the person is entitled to send and receive letters carried by the service;
(e) there is a separate receptacle at a service centre of the service for the lodgment and collection of letters carried by the service that are sent to the person or sent by the person;
(f) the person is a government agency, partnership, educational institution, health or community service provider, charity, religious institution or other person carrying on a business or other undertaking not of a private or domestic nature.
(1D) Carriage of a letter from a service centre of a document exchange service to a person who is a member of the service is not covered by subparagraph (1)(ma)(iv) if the sender has addressed the letter using only a postal address.
15 Section 32B
Omit "Australian Competition and Consumer Commission" (wherever occurring), substitute "ACCC".
Note: The heading to section 32B is altered by omitting "interconnection".
16 Subparagraphs 32B(1)(a)(i) and (ii)
Repeal the subparagraphs, substitute:
(i) to inquire into a dispute, between Australia Post and a person who is obtaining or who wishes to obtain a rate reduction for the delivery of bulk quantities of letters by Australia Post in return for performing functions in relation to the letters that may be performed by Australia Post, about the terms and conditions on which a rate reduction is or would be provided to the person (including the amount of the rate reduction); and
(ii) to make a recommendation to the Minister about those terms and conditions; and
17 Paragraph 32B(1)(f)
Repeal the paragraph, substitute:
(f) that, despite section 49, the Minister may, if the Minister thinks fit and after consultation with the Board, direct Australia Post to act in accordance with a recommendation made by the ACCC under subparagraph (a)(ii); and
18 After subsection 32B(1)
Insert:
(1A) Regulations made under paragraph (1)(f) must not authorise the making of directions that are inconsistent with subsection 32A(2).
19 Paragraph 38(g)
After "community service obligations", insert ", as calculated by the ACA under section 50F".
20 Subparagraph 44(1)(g)(i)
Repeal the subparagraph.
21 After Part 4
Insert:
The ACA must monitor the supply of postal services by Australia Post.
Back to Top (1) The ACA must, for each financial year, report to the Minister about the following matters:
(a) the ACA's assessment of Australia Post's performance in the supply of postal services in the financial year;
(b) the ACA's assessment of the extent to which Australia Post met the prescribed performance standards in the financial year (including the methodology that the ACA used to make the assessment);
(c) the cost calculated by the ACA under section 50F for the financial year (including the methodology that the ACA used to calculate the cost);
(d) any matters that the Minister has directed the ACA under subsection (2) to include in the report;
(e) any other matters relevant to the performance of Australia Post in supplying postal services that the ACA considers appropriate.
(2) The Minister may direct the ACA to include in a report a particular matter relating to Australia Post's supply of postal services.
(3) The ACA must give its report to the Minister as soon as practicable after the end of each financial year, and in any event no later than 15 October.
(4) The Minister must cause:
(a) a copy of the report; or
(b) if subsection (5) applies--a copy of the report excluding information covered by subsection (5);
to be laid before each House of the Parliament within 15 sitting days of that House after the Minister received the report.
(5) The Minister may table a copy of the report that excludes any information that Australia Post claims is commercial-in-confidence information if the Minister is satisfied:
(a) that the claim is justified; or
(b) that it is not in the public interest to table the information.
(1) The regulations may prescribe performance standards (the
prescribed performance standards) to be met by Australia Post.
(2) The prescribed performance standards must relate to:
(a) the frequency, speed or accuracy of mail delivery; or
(b) the availability or accessibility of:
(i) post-boxes or other mail lodgment points; or
(ii) offices of Australia Post or other places from which Australia Post products or services may be purchased.
(3) Without limiting subsection (1), the prescribed performance standards may relate to methods of determining the level of mail delivery service for a particular area.
(1) If, in a report under section 50B, the ACA reports that Australia Post has not met a prescribed performance standard, Australia Post must, unless the Minister considers it unnecessary in the circumstances, prepare a service improvement plan to ensure it meets that standard as soon as practicable.
(2) The service improvement plan must be given to the Minister on or before 1 March in the financial year after the financial year to which the report relates.
(3) The Minister must cause a copy of the service improvement plan to be laid before each House of the Parliament within 15 sitting days of that House after the Minister received the report.
(1) The Minister may direct the ACA to monitor and report to the Minister on specified matters relating to Australia Post's supply of postal services.
(2) The ACA must comply with a direction under subsection (1).
(3) The Minister may publish the report.
(4) The Minister may publish a copy of the report
Back to Top that excludes any information that Australia Post claims is commercial-in-confidence information if the Minister is satisfied:
(a) that the claim is justified; or
(b) that it is not in the public interest to publish the information.
(1) The ACA must, after the end of each financial year, calculate the cost to Australia Post of carrying out the community service obligations for the financial year.
(2) For the purposes of a financial target to be included in the corporate plan that the Board is required to prepare each year under section 17 of the Commonwealth Authorities and Companies Act 1997, the ACA must calculate the estimated cost to Australia Post of carrying out the community service obligations for the period the plan is to cover.
(3) The ACA must notify Australia Post each year of the costs it calculates under subsections (1) and (2). The notice must include a statement of the methodology used to calculate the costs.
Note: The Minister will receive a report about these costs. See paragraph 50B(1)(c).
(4) Notice of the cost calculated under subsection (2) must be given in sufficient time each year to enable the Board to use the calculation in the corporate plan to be prepared that year.
(1) The ACA may require Australia Post to keep records:
(a) about the matters specified by the ACA; and
(b) in the manner and form specified by the ACA.
(2) Australia Post must give the ACA copies of those records on request by the ACA:
(a) in the manner and form specified by the ACA; and
(b) within the time specified by the ACA.
(3) Australia Post must give the ACA any other information it requests (including details about the information contained in records kept under subsection (1)):
(a) in the manner and form specified by the ACA; and
(b) within the time specified by the ACA.
(4) The ACA may only require Australia Post to keep records or give the ACA information about matters relevant to the performance of the ACA's postal functions.
(1) The ACCC may require Australia Post to keep records:
(a) about the matters specified by the ACCC; and
(b) in the manner and form specified by the ACCC.
(2) Without limiting subsection (1), the ACCC must require Australia Post to keep records about its reserved services.
(3) Australia Post must give the ACCC:
(a) copies of records kept under subsections (1) and (2); or
(b) details about information contained in those records;
on request by the ACCC:
(c) in the manner and form specified by the ACCC; and
(d) within the time specified by the ACCC.
(4) The ACCC may only require Australia Post to keep records under subsection (1) about matters that are relevant to the following:
(a) the performance of the ACCC's functions in relation to prices surveillance and to section 32B of this Act;
(b) the financial relationship between parts of Australia Post's business that relate to reserved services and parts that do not;
(c) the financial relationship between different parts of Australia Post's business that relate to reserved services.
The ACCC may prepare and publish reports analysing information given to the ACCC under subsection 50H(3).
(1) The Minister may direct the ACCC to do either or both of the following:
(a) prepare;
(b) publish;
a report analysing the information in records kept under subsections 50H(1) and (2).
(2) The ACCC must comply with a direction under subsection (1).
A report published under section 50I or 50J may include information that Australia Post claims is commercial-in-confidence information if the ACCC is satisfied:
(a) that the claim is not justified; or
(b) that it is in the public interest to publish the information.
22 After section 56
Insert:
(1) The Minister may direct Australia Post to pay a specified amount to the Commonwealth for a financial year, based on the Minister's estimate of:
(a) the ACA's costs in performing its postal functions; and
(b) the ACCC's costs in performing its functions under this Act;
for the financial year.
(2) The direction may relate to costs that have not yet been incurred.
(3) If, after the end of the financial year, the Minister determines that:
(a) the ACA's actual costs; or
(b) the ACCC's actual costs;
are lower than the amount paid by Australia Post in respect of that year, then the Commonwealth must pay the difference to Australia Post.
(4) If, after the end of a financial year, the Minister determines that:
(a) the ACA's actual costs; or
(b) the ACCC's actual costs;
are higher than the amount paid by Australia Post in respect of that year, then the Minister may direct Australia Post to pay to the Commonwealth an amount not exceeding the difference.
(5) Despite subsections (3) and (4), no amount is payable after the end of a financial year if the difference between the actual costs and the amount paid by Australia Post in respect of that year is $1,000 or less.
(6) The Consolidated Revenue Fund is appropriated for the purposes of payments under subsection (3).
(7) In this section:
costs means an amount that, in accordance with accrual-based accounting principles, is treated as a cost.
23 Paragraph 90J(6)(c)
Repeal the paragraph, substitute:
(c) the Crime and Misconduct Act 2001 of Queensland; or
24 Paragraph 90LC(5)(c)
Repeal the paragraph, substitute:
(c) the Crime and Misconduct Act 2001 of Queensland; or
Trade Practices Act 1974
25 Subsection 25(1)
Omit "or Rules of Conduct under Part 20 of the Telecommunications Act 1997", substitute ", Rules of Conduct under Part 20 of the Telecommunications Act 1997 or the Australian Postal Corporation Act 1989".