POSTAL SERVICES ACT 1975 [Note: This Act is "repealed" by Act No. 63 of 1989]
(#DATE 31:10:1987)
- Reprinted as at 31 October 1987
*1* The Postal Services Act 1975 as shown in this reprint comprises Act No.
54, 1975 amended as indicated in the Tables below.
Table of Acts
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Application,
saving
Number Date Date of or transitional
Act and year of Assent commencement provisions
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Postal Services Act 1975 54, 1975 12 June
1975 Ss. 1-5, 24-40, 78
and 101: Royal
Assent Remainder:
1 July 1975 (see
Gazette 1975, No.
S122, p. 1)
Administrative Changes
(Consequential
Provisions) Act 1978 36, 1978 12 June
1978 12 June 1978 S. 8
Public Service Amendment
Act 1978 170, 1978 28 Nov 1978
Ss. 1, 2, 5, 7-11,
14, 15, 18, 25 and
38: Royal Assent
Remainder: 15 Mar
1981 (see Gazette
1981, No. S43, p.
1) S. 39 (3)
Postal Services Amendment
Act 1979 7, 1979 5 Mar 1979 3 Sept 1979 (see
Gazette 1979, No.
S174, p. 1) -
Public Service and
Statutory Authorities
Amendment Act 1980 177, 1980 17 Dec 1980
Part VII (ss.
59-61): Royal
Assent (a) -
Statute Law Revision Act
1981 61, 1981 12 June
1981 S. 115: Royal
Assent (b) -
Commonwealth Functions
(Statutes Review) Act
1981 74, 1981 18 June
1981 Part III (ss.
107-113): (c) Ss. 113 and
264 Statute Law
(Miscellaneous
Amendments) Act (No. 2)
1982 80, 1982 22 Sept
1982 Part LVII (ss. 221
and 222): 14 Feb
1983 (see Gazette
1983, No. S29, p.
1) (d) -
Statute Law
(Miscellaneous
Provisions) Act (No. 1)
1983 39, 1983 20 June
1983 S. 3: 18 July 1983
(e) S. 7 (1)
Public Service and
Statutory Authorities
Amendment Act 1983 92, 1983 22 Nov 1983
22 Nov 1983 -
Conciliation and
Arbitration Amendment Act
(No. 2) 1983 115, 1983 16 Dec 1983
S. 41: 1 June 1984
(see Gazette 1984,
No. S201, p. 1)
(f) -
Postal and
Telecommunications
Amendment Act 1983 147, 1983 22 Dec 1983
22 Dec 1983 -
as
amended
by
Statute Law
(Miscellaneous
Provisions) Act (No. 1)
1984 72, 1984 25 June
1984 S. 3: (g) S. 2 (24)
Satellite Communications
(Consequential
Amendments) Act 1984 18, 1984 26 Apr 1984
26 Apr 1984: (see
s. 2) -
Statute Law
(Miscellaneous
Provisions) Act (No. 1)
1984 72, 1984 25 June
1984 S. 3: 23 July 1984
(h) S. 5 (1)
Statute Law
(Miscellaneous
Provisions) Act (No. 2)
1984 165, 1984 25 Oct 1984
S. 3: 22 Nov 1984
(j) -
Statute Law
(Miscellaneous
Provisions) Act (No. 1)
1985 65, 1985 5 June 1985
S. 3: 3 July 1985
(k) -
Communications
Legislation Amendment Act
1985 119, 1985 21 Oct 1985
21 Oct 1985 -
Statute Law
(Miscellaneous
Provisions) Act (No. 2)
1985 193, 1985 16 Dec 1985
S. 3: Royal Assent
(l) S. 16
Statute Law
(Miscellaneous
Provisions) Act (No. 1)
1986 76, 1986 24 June
1986 S. 3: Royal Assent
(m) Ss. 7 and 9
Statute Law
(Miscellaneous
Provisions) Act (No. 2)
1986 168, 1986 18 Dec 1986
S. 3: Royal Assent
(n) S. 5 (1)
Communications
Legislation Amendment Act
1987 69, 1987 5 June 1987
S. 8 and Part V
(ss. 21 and 22):
24 June 1986
Remainder: 3 July
1987 -
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(a) The Postal Services Act 1975 was amended by Part VII (sections 59-61)
only of the Public Service and Statutory Authorities Amendment Act 1980,
sub-section 2 (1) of which provides as follows:
"(1) Sections 1, 2, 3 and 4, sub-sections 5 (2) and 7 (2), (5), (6) and
(7), sections 8, 9, 10, 11, 12, 13, 16, 17, 18 and 19, sub-sections 21 (1)
and
37 (5), sections 38, 43 and 44, sub-sections 45 (10) and sections 46 to 66
(inclusive) shall come into operation on the day on which this Act receives
the
Royal Assent."
(b) The Postal Services Act 1975 was amended by section 115 only of the
Statute Law Revision Act 1981, sub-section 2 (1) of which provides as
follows:
"(1) Subject to this section, this Act shall come into operation on the
day on which it receives the Royal Assent."
(c) The Postal Services Act 1975 was amended by Part III (sections
107-113)
only of the Commonwealth Functions (Statutes Review) Act 1981, sub-section 2
(2) of which provides as follows:
"(2) Part III shall come into operation on 1 July 1981."
(d) The Postal Services Act 1975 was amended by Part LVII (sections 221
and
222) only of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982,
sub-section 2 (12) of which provides as follows:
"(12) Section 196 and Parts LVII and LXXIII shall come into operation on
the date of commencement of the Petroleum (Submerged Lands) Amendment Act
1980,
or the day on which this Act receives the Royal Assent, whichever is the
later."
(e) The Postal Services Act 1975 was amended by section 3 only of the
Statute Law (Miscellaneous Provisions) Act (No. 1) 1983, sub-section 2 (1) of
which
provides as follows:
"(1) Subject to this section, this Act shall come into operation on the
twenty-eighth day after the day on which it receives the Royal Assent."
(f) The Postal Services Act 1975 was amended by section 41 only of the
Conciliation and Arbitration Amendment Act (No. 2) 1983, sub-section 2 (2) of
which provides as follows:
"(2) Sections 3, 6, 7, 8, 9, 10, 12, 14 and 16, sub-section 22 (3) and
sections 27, 39, 40, 41 and 43 shall come into operation on a date, or
respective dates, to be fixed by Proclamation."
(g) The Postal and Telecommunications Act 1983 was amended by section 3
only
of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1984, sub-section 2
(17) of which provides as follows:
"(17) The amendment of the Postal and Telecommunications Amendment Act
1983 made by this Act shall be deemed to have come into operation on 22
December 1983."
(h) The Postal Services Act 1975 was amended by section 3 only of the
Statute Law (Miscellaneous Provisions) Act (No. 1) 1984, sub-section 2 (1) of
which
provides as follows:
"(1) Subject to this section, this Act shall come into operation on the
twenty-eighth day after the day on which it receives the Royal Assent."
(j) The Postal Services Act 1975 was amended by section 3 only of the
Statute Law (Miscellaneous Provisions) Act (No. 2) 1984, sub-section 2 (1) of
which
provides as follows:
"(1) Subject to this section, this Act shall come into operation on the
twenty-eighth day after the day on which it receives the Royal Assent."
(k) The Postal Services Act 1975 was amended by section 3 only of the
Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, sub-section 2 (1) of
which
provides as follows:
"(1) Subject to this section, this Act shall come into operation on the
twenty-eighth day after the day on which it receives the Royal Assent."
(l) The Postal Services Act 1975 was amended by section 3 only of the
Statute Law (Miscellaneous Provisions) Act (No. 2) 1985, sub-section 2 (1) of
which
provides as follows:
"(1) Subject to this section, this Act shall come into operation on the
day on which it receives the Royal Assent."
(m) The Postal Services Act 1975 was amended by section 3 only of the
Statute Law (Miscellaneous Provisions) Act (No. 1) 1986, sub-section 2 (1) of
which
provides as follows:
"(1) Subject to this section, this Act shall come into operation on the
day on which it receives the Royal Assent."
(n) The Postal Services Act 1975 was amended by section 3 only of the
Statute Law (Miscellaneous Provisions) Act (No. 2) 1986, sub-section 2 (1) of
which
provides as follows:
"(1) Subject to this section, this Act shall come into operation on the
day on which it receives the Royal Assent."
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and
substituted
--------------------------------------------------------------------------------
Provision affected How affected
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S. 3 ................ am. No. 7, 1979; No. 74, 1981; No. 147, 1983; No. 76, 1986
S. 3A ............... ad. No. 80, 1982
S. 9 ................ am. No. 147, 1983; No. 18, 1984
S. 10 ............... rep. No. 74, 1981
ad. No. 147, 1983
S. 10A .............. ad. No. 147, 1983
S. 10B .............. ad. No. 76, 1986
S. 12 ............... am. No. 147, 1983
S. 13 ............... am. No. 193, 1985
S. 15 ............... am. No. 147, 1983
S. 19 ............... am. No. 36, 1978; No. 147, 1983
S. 20 ............... am. No. 147, 1983
S. 24 ............... am. No. 147, 1983
S. 27 ............... am. No. 147, 1983
S. 31 ............... am. No. 119, 1983
S. 32 ............... am. No. 39, 1983
S. 34 ............... am. No. 147, 1983
S. 37 ............... am. No. 76, 1986
S. 38 ............... am. No. 147, 1983
S. 39 ............... am. No. 39, 1983
S. 43 ............... am. No. 165, 1984
Ss. 44-46 ........... am. No. 147, 1983
S. 46A .............. ad. No. 177, 1980
am. No. 61, 1981
rep. No. 92, 1983
S. 46B .............. ad. No. 177, 1980
rep. No. 92, 1983
S. 50 ............... am. No. 147, 1983
S. 55 ............... am. No. 147, 1983; No. 76, 1986
S. 57 ............... am. No. 147, 1983
S. 63 ............... am. No. 193, 1985
S. 69 ............... am. No. 147, 1983
S. 70 ............... am. No. 177, 1980; No. 92, 1983; No. 147, 1983 (as am. by
No. 72, 1984)
Ss. 71, 72 .......... am. No. 147, 1983
S. 73 ............... rep. No. 115, 1983
S. 74 ............... am. No. 36, 1978; No. 147, 1983
S. 75 ............... am. No. 36, 1978; No. 147, 1983; No. 72, 1984
rs. No. 76, 1986
Ss. 75A-75E ......... ad. No. 76, 1986
S. 76 ............... am. No. 36, 1978
S. 78 ............... am. No. 147, 1983
S. 82 ............... rs. No. 119, 1985
S. 82A .............. ad. No. 69, 1987
S. 83 ............... am. No. 147, 1983; No. 72, 1984
S. 85 ............... am. No. 147, 1983
Ss. 88-93 ........... am. No. 147, 1983
S. 100 .............. am. No. 147, 1983
S. 100A ............. ad. No. 39, 1983
am. No. 147, 1983
S. 100B ............. ad. No. 168, 1986
S. 101 .............. rep. No. 147, 1983
S. 101A ............. ad. No. 170, 1978
rep. No. 147, 1983
S. 102 .............. am. No. 36, 1978
S. 104 .............. am. No. 74, 1981; No. 147, 1983
S. 104A ............. ad. No. 193, 1985
S. 105A ............. ad. No. 147, 1983
S. 106 .............. am. No. 147, 1983
S. 107 .............. am. No. 36, 1978
S. 109 .............. am. No. 165, 1984; No. 193, 1985
S. 110 .............. am. No. 147, 1983
S. 115 .............. am. No. 74, 1981; No. 147, 1983; No. 65, 1985
S. 116 .............. am. No. 170, 1978; No. 74, 1981; No. 147, 1983
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POSTAL SERVICES ACT 1975 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
PART I-PRELIMINARY
Section
1. Short title
2. Commencement
3. Interpretation
3A. Extension of Act to adjacent areas
4. Extension of Act to Territories
PART II-ESTABLISHMENT, FUNCTIONS AND POWERS OF THE AUSTRALIAN POSTAL
COMMISSION
5. Establishment of Commission
6. Functions of Commission
7. Duties of Commission
8. Minister may give directions to the Commission
9. Powers of the Commission
10. Courier Service
10A. Electronic mail
10B. Companies involved in postal and relevant services
11. Erection of postal boxes
12. Commission may act as agent, &c.
PART III-POSTAL SERVICES
Division 1-Postage
13. Issue and sale of postage stamps
14. Payment of postage
15. When postage need not be pre-paid
16. Postal articles on which postage insufficiently pre-paid
17. Postage stamps to be valuable securities
Division 2-Postal Charges
18. Charges for postage and other charges
19. Reimbursement
20. Special charges
Division 3-Carriage of Mail
21. Carriage of mail by rail
22. Vessels may be required to carry mail
23. Detention of vessel required to carry mail
PART IV-CONSTITUTION AND MEETINGS OF THE COMMISSION
24. Constitution of Commission
25. Composition of Commission
26. Period of appointment
27. Remuneration and allowances
28. Chairman and Deputy Chairman of Commission
29. Leave of absence
30. Resignation of Commissioner
31. Termination of appointments
32. Acting Commissioners
33. Acting Chairman and Deputy Chairman
34. Meetings of the Commission
35. Duties of the Managing Director
36. Delegation
PART V-THE STAFF OF THE COMMISSION
Division 1-The Chief General Manager
37. Chief General Manager
38. Remuneration of Chief General Manager
39. Acting Chief General Manager
40. Duties of Chief General Manager
Division 2-Establishment of the Australian Postal Commission
Service
41. Establishment of Australian Postal Commission Service
Division 3-Officers and Employees
42. Officers
43. Appointments to be on probation
44. Re-appointment of persons who have resigned from the Service to
become
candidates at elections
45. Employees
46. Terms and conditions of employment
Division 4-Classifications, Appointments and Promotions
47. Creation and abolition of positions
48. Re-classification
49. Filling of vacant positions
50. Selection of officers for promotion
51. Qualification for particular positions
52. Transfers and promotions to certain positions
53. Promotion of officers who complete courses of training for special
positions
54. Appeals against promotions
55. Chairman of Promotions Appeal Boards
56. Promotions Appeal Boards
Division 5-Tenure of Office
57. Tenure of office
58. Excess officers
59. Retirement, &c., on ground of inefficiency, incapacity, &c.
Division 6-Dismissals and Punishments
60. Interpretation
61. Disciplinary action
62. Suspension of officers
63. Removal and variation of suspension
64. Convictions by courts
65. Appeals
66. Disciplinary Appeal Boards
67. Review of findings
Division 7-Forfeiture of Office
68. Forfeiture of office
Division 8-Powers and Functions of the Commonwealth Conciliation
and
Arbitration Commission in respect of the Service
69. Interpretation
70. Settlement of industrial disputes and determination of industrial
matters in respect of the Service
71. Application of provisions of Conciliation and Arbitration Act
72. Awards deemed to be made under Conciliation and Arbitration Act
PART VI-FINANCE
74. Capital
75. Borrowing from Commonwealth
75A. Borrowings otherwise than from Commonwealth
75B. Guarantee of borrowings by Commission
75C. Commission may give security
75D. Borrowings not otherwise permitted
75E. Delegation by Treasurer
76. Financial policy of the Commission
77. Bank accounts
78. Application of moneys
79. Surplus revenue
80. Proper accounts to be kept
81. Estimates
82. Contracts
82A. Hedging contracts etc.
83. Exemption from taxation
84. Audit
PART VII-OFFENCES
85. Letters not to be carried for reward
86. Forgery of stamps, &c.
87. Special paper for postage stamps
88. Fraudulently removing stamps
89. Retaining or secreting postal articles
90. Improperly obtaining postal articles
91. Wrongful delivery of postal articles
92. Stealing postal articles
93. Tampering with the mail
94. Obstructing conveyance of mail
95. Obstructing officers
96. Injury to property of Commission
97. Offensive substances in postal boxes
98. Arrest without warrant
99. Delivery of mail from vessels and aircraft
100. Explosives
100A. Hoax explosives
100B. Narcotic substances
PART VIII-MISCELLANEOUS
102. Annual report
103. Further reports
104. Protection from actions
104A. Protection of persons in respect of work reports on officers or
employees
105. Offences-how dealt with
105A. Reward for information as to theft of property, &c.
106. Reward for information as to damage to property
107. Unclaimed moneys
108. Postal articles deemed to be property of the Commission
109. Attachment of salaries
110. Contributions towards the provision of special services or facility
111. Payment of tolls, &c.
112. Grants of financial assistance
113. Consultative Council
114. Remission of charges
115. By-laws
116. Regulations
POSTAL SERVICES ACT 1975 - LONG TITLE
SECT
An Act relating to the Provision of Postal Services within Australia and
between
Australia and Places outside Australia
POSTAL SERVICES ACT 1975 - PART I
PART I-PRELIMINARY
POSTAL SERVICES ACT 1975 - SECT 1
Short title
SECT
1. This Act may be cited as the Postal Services Act 1975.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
POSTAL SERVICES ACT 1975 - SECT 2
Commencement
SECT
2.*1* (1) Part I, section 5, Part IV, Division 1 of Part V and sections 78
and 101 of this Act shall come into operation on the day on which this Act
receives the Royal Assent.
(2) The remaining provisions of this Act shall come into operation on a date
to be fixed by Proclamation.
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
POSTAL SERVICES ACT 1975 - SECT 3
Interpretation
SECT
3. (1) In this Act, unless the contrary intention appears-
"appoint" includes re-appoint;
"approved bank" means a bank appoved by the Treasurer for the purposes of
the provision in which the expression occurs;
"article" includes a substance or thing;
"Australia", when used in a geographical sense, includes the prescribed
external Territories;
"authorized person" means a person authorized by the Commission for the
purpose of the provision in which the expression occurs;
"Chairman" means the Chairman of the Commission;
"Chief General Manager" means the Chief General Manager of the Commission;
"commencing date" means the date fixed by Proclamation under sub-section 2
(2);
"Commission" means the Australian Postal Commission established by this
Act;
"Commissioner" means the Managing Director or another Commissioner holding
office under section 25;
"convention" means a convention to which Australia is a party or an
agreement or arrangement between Australia and another country or other
countries;
"Deputy Chairman" means the Deputy Chairman of the Commission;
"employee" means a person engaged by the Commission as a temporary employee
under section 45;
"mail" includes a package, receptacle or covering in which postal articles
in course of transmission by post, by courier service or by electronic mail
service are conveyed, whether the package, receptacle or covering does or does
not contain any postal articles;
"Managing Director" means the Managing Director of the Commission;
"officer" means a person who is appointed to the Service under section 42 or
deemed to have been appointed to the Service under Part IV of the Transitional
Provisions Act;
"organization" means an organization registered under the Conciliation and
Arbitration Act 1904;
"part-time Commissioner" means a Commissioner other than the Managing
Director;
"postage", in relation to the transmission of a postal article, means the
amount payable for transmission of the postal article by post, including any
special charge or additional fee payable for a special service required in
connexion with the transmission of the article;
"postal article" means an article transmissible by-
(a) the post;
(b) the courier service; or
(c) an electronic mail service;
"prescribed external Territory" means an external Territory other than
Norfolk Island, the Territory of Christmas Island or the Territory of Cocos
(Keeling) Islands;
"registered publication" means a copy of a number of a publication
registered for transmission by post in accordance with the By-laws;
"Service" means the Australian Postal Commission Service established by
section 41;
"Transitional Provisions Act" means the Postal and Telecommunications
Commissions (Transitional Provisions) Act 1975.
(2) In this Act, unless the contrary intention appears-
(a) a reference to an office of the Commission is a reference to an office
at which postal articles may be posted or from which postal articles
transmitted through the post may be delivered to an addressee;
(b) a reference to a receptacle or box for the reception of postal articles
erected by the Commission includes a reference to a receptacle or box for the
reception of postal articles vested in the Commission under section 29 of the
Transitional Provisions Act;
(c) a reference to the transmission of moneys is a reference to the service
provided by the Commission for the purpose of enabling persons to pay money to
the Commission for payment to another person;
(d) a reference to the transmission of a postal article by ordinary post is
a reference to the transmission of the article in such manner as will not
involve the provision, in relation to the transmission of the article, of a
service for which a special charge or additional fee is payable under the
provisions of this Act; and
(e) a reference to the original position-
(i) of a person who has been dismissed under section 61, 64 or 65 or
is
to be deemed, under section 68, to have resigned; or
(ii) of an officer who has been transferred to another position under
section 61, 64 or 65,
is a reference to the position held by that person or officer immediately
before the dismissal, resignation or transfer, as the case may be, or, if the
person or officer was then performing the duties of another position to which
he had been temporarily transferred under section 62, to the position held by
him immediately before that temporary transfer.
POSTAL SERVICES ACT 1975 - SECT 3A
Extension of Act to adjacent areas
SECT
3A. (1) Subject to sub-section (2), the provisions of this Act apply in
relation to the adjacent areas in respect of the States and Territories as if
references in this Act to Australia, when used in a geographical sense,
included references to the adjacent areas in respect of the States and
Territories.
(2) The application of the provisions of this Act in relation to the
adjacent areas in respect of the States and Territories by virtue of
sub-section (1) extends to and in relation to all acts, matters and things
touching, concerning, arising out of or connected with the exploration of, or
the exploitation of the resources of, the continental shelf of Australia or of
an external Territory and not otherwise.
(3) Without limiting the generality of sub-section (2), the application of
the provisions of this Act in relation to the adjacent areas in respect of the
States and Territories by virtue of sub-section (1) extends to and in relation
to all acts done by or in relation to, and all matters, circumstances and
things affecting, any person who is in the adjacent area in respect of a State
or Territory for a reason touching, concerning, arising out of or connected
with the exploration of, or the exploitation of the resources of, the
continental shelf of Australia or of an external Territory.
(4) A provision of the Judiciary Act 1903 by which a court of a State is
invested with federal jurisdiction has effect, with respect to matters arising
under the provisions of this Act having effect by virtue of sub-section (1),
as if that jurisdiction were so invested without limitation as to locality
other than the limitation imposed by section 80 of the Constitution.
(5) Subject to the Constitution, jurisdiction is conferred on the several
courts of the Territories within the limits of their several jurisdictions,
other than limits as to locality, with respect to matters arising under the
provisions of this Act having effect by virtue of sub-section (1).
(6) In this section, "adjacent area", in relation to a State or Territory,
has the same meaning as in the Petroleum (Submerged Lands) Act 1967.
POSTAL SERVICES ACT 1975 - SECT 4
Extension of Act to Territories
SECT
4. This Act extends to the prescribed external Territories.
POSTAL SERVICES ACT 1975 - PART II
PART II-ESTABLISHMENT, FUNCTIONS AND POWERS OF THE AUSTRALIAN POSTAL
COMMISSION
POSTAL SERVICES ACT 1975 - SECT 5
Establishment of Commission
SECT
5. There is established by this Act a Commission by the name of the
Australian Postal Commission.
POSTAL SERVICES ACT 1975 - SECT 6
Functions of Commission
SECT
6. The functions of the Commission are-
(a) to operate postal services for the transmission of postal articles
within Australia and between Australia and places outside Australia;
(b) to operate such other services as the Commission is authorized by this
Act to operate;
(c) to provide, at the request of the Australian Government, technical
assistance outside Australia in relation to the planning and operation of
postal services in countries outside Australia and the prescribed external
Territories; and
(d) to do anything incidental or conducive to the performance of any of the
preceding functions.
POSTAL SERVICES ACT 1975 - SECT 7
Duties of Commission
SECT
7. (1) The Commission shall perform its functions in such a manner as will
best meet the social, industrial and commercial needs of the Australian people
for postal services and shall, so far as it is, in its opinion, reasonably
practicable to do so, make its postal services available throughout Australia
for all people who reasonably require those services.
(2) In performing its functions in accordance with sub-section (1), the
Commission-
(a) shall comply with any directions given to it under section 8; and
(b) shall have regard to-
(i) the desirability of improving and extending its postal services in
the light of developments in the field of communications;
(ii) the need to operate its services as efficiently and economically
as
practicable; and
(iii) the special needs for postal services of Australian people who
reside or carry on business outside the cities.
(3) Nothing in this section shall be taken-
(a) to prevent the Commission from interrupting, suspending or restricting,
in the case of emergency, a service provided by it; or
(b) to impose on the Commission a duty that is enforceable by proceedings
in a court.
(4) It is the duty of the Commission, in performing its functions, to comply
with the provisions of any Convention to the extent that it imposes
obligations on Australia in relation to matters within the functions of the
Commission.
POSTAL SERVICES ACT 1975 - SECT 8
Minister may give directions to the Commission
SECT
8. (1) The Minister may, after consultation with the Commission, give to the
Commission, in writing, such directions, with respect to the performance of
its functions and the exercise of its powers, as appear to the Minister to be
necessary in the public interest.
(2) Where the Minister gives a direction to the Commission under sub-section
(1), the Minister shall cause a copy of the direction to be laid before each
House of the Parliament within 15 sitting days after the direction is so
given.
(3) Sub-section (1) does not authorize the Minister to give a direction with
respect to rates of postage or fees referred to in section 18.
POSTAL SERVICES ACT 1975 - SECT 9
Powers of the Commission
SECT
9. (1) The Commission may do, in Australia or elsewhere, all things
necessary or convenient to be done for or in connexion with, or as incidental
to, the performance of its functions under this Act.
(2) The generality of sub-section (1) shall not be taken to be limited by
any other provision of this Act conferring a power on the Commission.
(3) The Commission has power, for or in connexion with the performance of
its functions-
(a) to purchase land;
(b) to take land on lease;
(c) to take easements over land;
(d) to sell, or otherwise dispose of, land vested in the Commission;
(e) to lease land vested in the Commission;
(f) to release any easement over land; and
(g) to do anything incidental to any of the powers specified in the
preceding paragraphs of this sub-section.
(3A) The Commission has power, for or in connection with the performance of
its functions, to use services provided by the company AUSSAT Pty Ltd (being
the company described in the definition of "Aussat" in section 3 of the
Satellite Communications Act 1984).
(4) The Commission has power, in connexion with the performance of its
functions to provide services for the transmission of money within Australia
and between Australia and places outside Australia.
POSTAL SERVICES ACT 1975 - SECT 10
Courier Service
SECT
10. (1) The Commission may operate a courier service, being a service that
provides for the collection, at the request of a person using the service, of
an article, being an article transmissible by courier service, from a place in
Australia specified by or on behalf of the person and the conveyance and
delivery of the article to another place in Australia that is so specified.
(2) The courier service may, subject to and in accordance with the By-laws,
provide for-
(a) the collection from an office of the Commission of a postal article
transmitted by post to the office of the Commission and the conveyance and
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 an office of
the Commission and the conveyance and delivery of the article to an office of
the Commission and the lodging of the article (on behalf of the person using
the service) for transmission by post to another place.
(3) In this section, "article transmissible by courier service" means an
article transmissible by post and any other article that, under the By-laws,
is transmissible by courier service.
POSTAL SERVICES ACT 1975 - SECT 10A
Electronic mail
SECT
10A. (1) The Commission may operate electronic mail services, being services
for the transmission of information-
(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 mail
services, being services for the transmission of information solely by means
of electromagnetic energy, if-
(a) in the case of a transmission of information solely within Australia-it
has obtained the consent of the Australian Telecommunications Commission; or
(b) in the case of a transmission of information that originates from, or
has as its final destination, a person or body in a foreign country-it has
obtained the consent of the Overseas Telecommunications Commission
(Australia).
(3) For the purposes of sub-section (2), a consent may be given in respect
of a specified transmission or a specified class of transmissions.
(4) In conjunction with the operation of electronic mail services, the
Commission may-
(a) enhance, sort or modify the presentation or addressing of the
information; and
(b) transfer to a document or documents the information transmitted by
electromagnetic energy, and make such preparation of the document or documents
for delivery as it thinks fit.
(5) The Commission shall not operate an electronic mail service in which
information is transmitted between Australia and a foreign country by means of
electromagnetic energy unless the person or body in the foreign country to
whom or from whom the transmission takes place is a prescribed user.
(6) No action for defamation (whether civil or criminal), breach of
confidence or infringement of copyright lies against the Commission, an
officer or an employee in respect of anything done in accordance with this
section.
(7) The transmission of information to a person in accordance with this
section shall not be taken, for the purposes of the law relating to
defamation, breach of confidence or copyright, to constitute an authorization
or 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 there is
writing or printing, or on which there are marks, symbols or perforations
having a meaning for persons qualified to interpret them; and
(b) a disc, tape, paper or other device from which sounds or messages
are
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 in
the
Gazette, to be a prescribed user for the purposes of this section.
POSTAL SERVICES ACT 1975 - SECT 10B
Companies involved in postal and relevant services
SECT
10B. (1) In this section-
"prescribed business" means a business relating to any matter that is within
the functions or duties of the Commission or with respect to which the
Commission may exercise powers;
"prescribed company" means a company that carries on, or proposes to carry
on, a prescribed business.
(2) The Commission may-
(a) form, or participate with other persons in the formation of, a company
to carry on a prescribed business;
(b) acquire, hold or dispose of shares or stock in the capital of, or
debentures or other securities of, a prescribed company; and
(c) enter into a partnership, or an arrangement for the sharing of profits,
with a prescribed company in relation to a prescribed business.
(3) The Commission shall not exercise a power conferred by sub-section (2)
except with the approval of the Minister.
(4) The Minister shall not give approval under sub-section (3) for the
purposes of paragraph (2) (b) if the prescribed company is carrying on a
business other than a prescribed business.
(5) An agreement or arrangement between the Commission and a prescribed
company shall include a term empowering the Commission to terminate the
agreement or arrangement if the prescribed company ceases to be a prescribed
company or commences to carry on a business that is not a prescribed business.
(6) Where-
(a) the Commission has an interest in, or is a party to an agreement or
arrangement with, a prescribed company; and
(b) the prescribed company ceases to be a prescribed company or commences
to carry on a business that is not a prescribed business,
the Minister may give to the Commission such directions as the Minister thinks
appropriate with respect to-
(c) the disposal of the interest of the Commission in the company; or
(d) the termination of the agreement or arrangement between the Commission
and the company,
as the case may be.
(7) This section does not authorise a prescribed company to carry on a
prescribed business otherwise than in accordance with the relevant law.
POSTAL SERVICES ACT 1975 - SECT 11
Erection of postal boxes
SECT
11. (1) The Commission may erect and maintain receptacles or boxes for the
reception, for transmission by post, of postal articles in any public road,
street or highway or in any other public place.
(2) The Commission shall keep in good order, and may, at any time demolish
or remove, any receptacle or box erected by it for the reception of postal
articles.
POSTAL SERVICES ACT 1975 - SECT 12
Commission may act as agent, &c.
SECT
12. (1) The Commission may make arrangements with a Minister of State acting
on behalf of the Commonwealth or the Administration of a Territory, with a
Minister of State acting on behalf of a State, or with an authority of the
Commonwealth or of a State-
(a) for the doing of any act or thing by the Commission on behalf of the
Commonwealth, the Administration of that Territory, that State or that
authority, as the case may be, being an act or thing that can conveniently be
done in conjunction with the performance of the functions of the Commission;
or
(b) for the doing by a Department of State, the Administration of that
Territory, a Department of that State or that authority, as the case may be,
on behalf of the Commission of any act or thing that the Commission is
authorized to do under this Act.
(2) Subject to sub-section (3), the Commission may make an arrangement with
any person for the Commission to do, on behalf of the person, any acts or
things referred to, or any acts or things included in a class or classes of
acts or things referred to, in the arrangement, being acts or things that can
conveniently be done in conjunction with the performance of the functions of
the Commission.
(3) Sub-section (2) does not authorize the Commission to make an arrangement
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 as defined by
the Commonwealth Places (Application of Laws) Act 1970;
(c) the acts or things to be done are to take place in the course of, or in
relation to-
(i) trade or commerce between Australia and places outside Australia;
(ii) trade or commerce among the States;
(iii) trade or commerce within a Territory, between a State and a
Territory or between 2 Territories;
(iv) banking, other than State banking within the limits of the State
concerned; or
(v) insurance, other than State insurance within the limits of the
State concerned; or
(d) the person making the arrangement with the Commission is-
(i) a foreign corporation within the meaning of paragraph 51 (xx) of
the
Constitution;
(ii) a trading or financial corporation within the meaning of that
paragraph 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 an
arrangement under this section shall be subject to such terms and conditions
as the Commission determines.
POSTAL SERVICES ACT 1975 - PART III
PART III-POSTAL SERVICES
POSTAL SERVICES ACT 1975 - DIVISION 1
Division 1-Postage
POSTAL SERVICES ACT 1975 - SECT 13
Issue and sale of postage stamps
SECT
13. (1) The Commission shall issue and sell postage stamps indicating such
amounts of postage as the Commission deems appropriate.
(2) For the purposes of this Act, a label issued by the Commission by means
of a vending machine and indicating, by an imprint made by the machine, an
amount of postage determined by the person to whom the label is issued shall
be deemed to be a postage stamp issued by the Commission.
POSTAL SERVICES ACT 1975 - SECT 14
Payment of postage
SECT
14. (1) Payment of postage in respect of the transmission of a postal
article may be made-
(a) in circumstances prescribed by the By-laws-in money; or
(b) except as otherwise provided by the By-laws-by affixing to the article
uncancelled postage stamps issued by the Commission and indicating an amount
of postage equal to or greater than the amount of the postage payable in
respect of the transmission of the article,
but not otherwise.
(2) An envelope, letter-card, aerogramme or other article on which the
Commission has caused to be impressed or printed a representation of, or a
design resembling, a postage stamp indicating an amount of postage shall be
deemed to have affixed to it a postage stamp issued by the Commission
indicating that amount of postage.
(3) Where an envelope, letter-card, aerogramme or other article has
impressed or printed on it a representation of, or a design resembling, a
postage stamp of a kind issued by the Commission, it shall, for all purposes,
be presumed, unless the contrary is established, that the Commission caused
the representation or design to be so impressed or printed on it.
(4) Where payment of postage may be made in money, the By-laws may prescribe
conditions to which that payment is subject.
(5) The following postal articles may be transmitted by the Commission by
ordinary post free of charge:
(a) a petition or address to the Governor-General or to the Governor of a
State, being a petition or address the weight of which does not exceed 500
grams and which is posted without a cover or in a cover that is open at the
ends or the sides;
(b) a Braille postal article, a Moon postal article or a postal article for
the use of the blind of a kind prescribed by the regulations, being an article
posted as provided in the regulations; and
(c) a postal article issued by the Commission to persons using the postal
services provided by the Commission for purposes connected with those services
(including an article notifying a change of address), being an article marked
in a manner determined by the Commission.
(6) A postal article, being-
(a) official correspondence from the Commission relating to the postal
services provided by the Commission; or
(b) a postal article received by post from outside Australia (not being a
postal article in respect of which fees are required to be collected by virtue
of a convention or of a provision of the By-laws),
may be transmitted by the Commission by post free of charge.
POSTAL SERVICES ACT 1975 - SECT 15
When postage need not be pre-paid
SECT
15. (1) The Commission may make arrangements with a person under which the
postage payable in respect of postal articles to which the arrangement applies
posted by that person may be paid by that person after the articles have been
posted.
(2) The Commission may make an arrangement with a person under which the
postage payable in respect of postal articles to which the arrangement applies
posted by another person is to be paid by that first-mentioned person after
the articles have been posted.
(3) Postal articles to which an arrangement under this section applies may
be transmitted and delivered before the postage is paid.
(4) Nothing in this section prevents the Commission from-
(a) making arrangements with a person under which the fee in respect of the
transmission of postal articles by the courier service or by an electronic
mail service need not be pre-paid; or
(b) transmitting and delivering by the courier service or by an electronic
mail service postal articles the fee for the transmission of which has not
been paid.
POSTAL SERVICES ACT 1975 - SECT 16
Postal articles on which postage insufficiently pre-paid
SECT
16. (1) Where the postage is not fully pre-paid on a postal article posted
for delivery in Australia, the Commission is entitled to be paid, as a
condition of delivery, such fee, in addition to the amount of the postage or
of the deficient postage payable in respect of the transmission of the
article, as is payable in accordance with a determination made by the
Commission.
(2) For the purposes of this section, where the postage is paid in full in
respect of a postal article in accordance with an arrangement of a kind
referred to in section 15 that is applicable to the article, the postage in
respect of that postal article shall be deemed to have been fully pre-paid.
POSTAL SERVICES ACT 1975 - SECT 17
Postage stamps to be valuable securities
SECT
17. A postage stamp, and any document issued by the Commission in respect of
the transmission of moneys through the post, shall each be deemed to be a
valuable security for the purposes of any law with respect to larceny.
POSTAL SERVICES ACT 1975 - DIVISION 2
Division 2-Postal Charges
POSTAL SERVICES ACT 1975 - SECT 18
Charges for postage and other charges
SECT
18. (1) The Commission may, from time to time, make, with the approval of
the Minister, determinations fixing or varying the rates of postage for the
transmission within Australia by ordinary post of-
(a) standard postal articles; and
(b) registered publications.
(2) The Commission may, from time to time, make determinations fixing or
varying-
(a) rates of postage for the transmission of postal articles to which
sub-section (1) is inapplicable;
(b) fees for the provision, in relation to the transmission of postal
articles by post, of any special services; and
(c) fees for any other services that the Commission provides under this
Act.
(3) An application to the Minister for his approval of a determination
proposed to be made by the Commission under sub-section (1)-
(a) shall be made to the Minister in writing;
(b) shall specify the date as from which the determination is, if approved
by the Minister, intended to operate; and
(c) shall also specify-
(i) the proportion of the amount ascertained in accordance with the
formula specified in paragraph 76 (1) (b) in respect of the financial year in
which the date so specified occurs that the Commission is planning to provide
out of revenues of the Commission for expenditure by way of capital
expenditure; and
(ii) the amount estimated by the Commission to be the amount of revenue
that the Commission will receive in respect of the financial year referred to
in sub-paragraph (i),
if the determination is made and any other determination that the
Commission proposes to make under sub-section (2) is also made.
(4) The Minister shall furnish his decision with respect to an application
referred to in sub-section (3) to the Commission in writing.
(5) Where an application has been made to the Minister for approval of a
determination that the Commission proposes to make under sub-section (1), the
Minister may request the Commission, in writing, to furnish to him specified
information that is, in his opinion, relevant to the fixing or varying of the
rates of postage to which the determination relates, and the Commission shall
comply with the request to the extent to which it is practicable to do so and
as soon as practicable after receipt of the request.
(6) The Commission shall cause particulars of rates of postage and other
charges determined by it under this section to be published in the Gazette.
(7) For the purpose of this section, a postal article is a standard postal
article if-
(a) the article does not weigh more than 500 grams;
(b) the thickness of the article does not exceed 5 millimetres; and
(c) the other 2 dimensions of the article form an oblong-
(i) the shorter of whose sides is not less than 88 millimetres and not
more than 122 millimetres in length;
(ii) the longer of whose sides is not less than 138 millimetres and not
more than 237 millimetres in length; and
(iii) the respective lengths of whose adjacent sides are in the ratio of
1 to at least 1.414.
POSTAL SERVICES ACT 1975 - SECT 19
Reimbursement
SECT
19. (1) This section applies to the Commission in respect of a financial
year where-
(a) the Commission has submitted to the Minister for his approval a
determination that it proposes to make under sub-section 18 (1) with a view to
fulfilling the financial policy that it is pursuing in respect of that
financial year, but the Minister has refused to grant his approval; and
(b) subsequent to that refusal, the Commission-
(i) after having given consideration to any suggestions with respect
to
rates of postage made by the Minister when refusing to approve the
determination referred to in paragraph (a); and
(ii) after having reconsidered the proposed expenditures of the
Commission, the proportion specified in the application for the Minister's
approval in accordance with sub-paragraph 18 (3) (c) (i) and all rates of
postage and fees charged by the Commission with a view to formulating a
financial policy in respect of that year and carrying out that policy
otherwise than by charging the rates of postage proposed in the determination
referred to in paragraph (a),
has submitted to the Minister an application in accordance with
sub-section
18 (3) for his approval of another determination (in this section referred to
as the second determination), whether or not differing from the original
proposed determination, that the Commission proposes to make under sub-section
18 (1), but the Minister has refused to grant his approval.
(2) Where, after the end of a financial year in respect of which this
section applies to the Commission, the Minister is satisfied that the
Commission has complied with sub-section 76 (2) in respect of the year and
that, for reasons related, either in whole or in part, to his having refused
to approve under sub-section 18 (1) the second determination, the revenue that
the Commission would have required in respect of the financial year for the
purpose of enabling it-
(a) to have met, out of that revenue, all expenditure, and provision for
expenditure, of the Commission in respect of that year properly chargeable to
the revenue; and
(b) to have provided, for expenditure by the Commission by way of capital
expenditure, a sum equal to the proportion specified in the application made
to the Minister in respect of the second determination in pursuance of
sub-paragraph 18 (3) (c) (i) of the amount ascertained in respect of that
financial year in accordance with the formula specified in paragraph 76 (1)
(b) or equal to one-half of the amount so ascertained, whichever is the less,
exceeds the revenue of the Commission in respect of that year, the Commission
is entitled to be paid by the Commonwealth-
(c) an amount equal to the excess;
(d) an amount equal to the amount by which the revenue of the Commission in
respect of that year was less than the amount specified in the application
made to the Minister in respect of that second determination in pursuance of
sub-paragraph 18 (3) (c) (ii); or
(e) an amount equal to the amount by which the revenue of the Commission in
respect of that year is less than the revenue that, in the opinion of the
Minister, the Commission would have received in respect of that year if that
second determination had been approved by the Minister and made by the
Commission,
whichever is the least.
(3) Where the Minister, when refusing to approve the second determination in
respect of a financial year, notifies the Commission the rates of postage that
he would be prepared to approve in respect of that year but the Commission
does not make a determination under sub-section 18 (1) fixing or varying the
rates of postage accordingly, the Commission is not entitled to be paid an
amount by the Commonwealth under sub-section (2) of this section in respect of
that financial year.
(4) The Minister may, when notifying the Commission the rates of postage
that he would be prepared to approve in respect of a year, specify any
concessional rates that should, in his opinion, be provided for persons
included in a specified class of persons.
(5) The Minister for Finance may, out of moneys appropriated by the
Parliament for the purpose, make advances to the Commission, at such times as
he thinks fit, of such amounts as he thinks fit on account of any amount that
may become payable under sub-section (2).
(6) The Commission is liable to repay to the Commonwealth, upon demand by
the Minister for Finance, the amount by which the total amounts (including
advances) paid to the Commission under this section exceeds the total of those
amounts that have become payable to the Commission under sub-section (2).
(7) The Commission shall cause particulars of any refusal by the Minister to
approve a determination under sub-section 18 (1) to be set out in the report
of the Commission under section 102 with respect to its operations during the
year in which the approval was refused.
POSTAL SERVICES ACT 1975 - SECT 20
Special charges
SECT
20. (1) Notwithstanding section 18, the Commission may enter into an
agreement with any person to transmit postal articles of a particular kind on
behalf of that person at rates other than the rates applicable by virtue of
determinations in force under section 18.
(2) An agreement under sub-section (1) shall provide for charges in respect
of the transmission of postal articles of a kind to which the agreement
relates to be payable in accordance with specified rates, being rates related
to the number of postal articles of that kind posted in accordance with the
agreement during a specified period.
(3) An agreement under sub-section (1) may be subject to conditions with
respect to-
(a) the manner of packing, addressing and marking the articles;
(b) the manner and place of posting, lodging or handing over the articles;
and
(c) the arrangement of the articles so as to facilitate their delivery,
and, in that event, the rates provided for by the agreement do not apply in
respect of the articles unless the person posting, lodging or handing over the
articles complies with the conditions.
POSTAL SERVICES ACT 1975 - DIVISION 3
Division 3-Carriage of Mail
POSTAL SERVICES ACT 1975 - SECT 21
Carriage of mail by rail
SECT
21. (1) The Commission may, by notice in writing addressed to the Australian
National Railways Commission, the person having, under the law of a State,
control of the government railways of the State or the owner or manager of any
other railways in a State and served as prescribed by the regulations, require
that scheduled trains under the control of that person be made available as
specified in the notice for the carriage of mail on behalf of the Commission
as provided in the notice and that the usual facilities for the receipt,
transmission and delivery of mail so carried be provided on those trains.
(2) Where mail is carried on trains in a State or Territory in compliance
with a requirement under sub-section (1), the Commission is liable to pay, for
the carriage of mail and the provision of the facilities, such annual sum as
may be agreed upon or, in the default of agreement, as is determined by
arbitration-
(a) in the case of payment for carriage or for facilities provided on a
railway vested in the Australian National Railways Commission-in accordance
with the law of the Australian Capital Territory; or
(b) in any other case-in accordance with the law of the State or Territory,
relating to the settlement of commercial disputes by arbitration.
(3) A reference in this section to a railway under the control of a person
includes a reference to a bus service or other vehicular service operated by
the person for the carriage of persons or goods in accordance with fixed
schedules to and from fixed terminals over specific routes with or without
intermediate stopping places between terminals.
(4) A reference in this section to a train includes a reference to a bus or
other vehicle operated in connexion with a service referred to in sub-section
(3).
POSTAL SERVICES ACT 1975 - SECT 22
Vessels may be required to carry mail
SECT
22. (1) Where a vessel-
(a) is at, or is expected to arrive at, a port or place in Australia; and
(b) is in the course of, or is expected to commence, a voyage to another
port or place, whether within or outside Australia,
the Commission, or a person authorized by the Commission, may, by notice in
writing addressed to the owner, agent or master of the vessel and served as
prescribed by the regulations, require that the vessel be made available for
the carriage of mail on the voyage from that first-mentioned port or place.
(2) Where-
(a) a notice under sub-section (1) has been served with respect to the
carriage of mail on board a vessel from a port or place;
(b) mail for carriage on the vessel is delivered alongside the vessel at
that port or place, or to any other part of that port or place that is agreed
upon between the person who made the requirement and the person to whom the
notice was addressed, not later than a time so agreed, or, if no time is so
agreed, in sufficient time to permit the vessel, after taking the mail on
board, to depart from that port or place not later than the intended time of
departure at the time the requirement was made; and
(c) the vessel departs from the port or place without taking on the mail so
delivered,
the person on whom the notice was served is guilty of an offence against this
section.
(3) Where mail is on board a vessel in compliance with a requirement under
this section, whether within or outside Australia, the owner, agent and master
of the vessel are each guilty of an offence against this section if-
(a) the mail is not kept in a secure dry place;
(b) the mail is removed from the vessel, except-
(i) for delivery to the postal authority at the port or place to which
the mail is consigned; or
(ii) in accordance with a direction under sub-section (4); or
(c) when the vessel arrives at the port or place to which the mail is
consigned, the mail is not delivered forthwith to the postal authority at that
port or place.
(4) Where mail is on board a vessel in compliance with a requirement under
this section, whether within or outside Australia, an authorized person may,
by notice in writing served on the master of the vessel, direct the master to
deliver up the mail, or deliver up such part of the mail as is specified in
the direction, on demand, to the person specified in the direction and, if the
master does not comply with the direction, he is guilty of an offence against
this section.
(5) The penalty for an offence against this section is a fine not exceeding
$1,000.
(6) An offence against this section committed outside Australia may be
prosecuted as if it were committed at the port or place at which the
requirement under sub-section (1) was served and a court that would, if the
offence had been so committed, have had jurisdiction in respect of the offence
has jurisdiction in respect of the offence.
(7) Where mail is carried on board a vessel in compliance with this section,
the owner of the vessel is entitled to payment, in respect of that carriage,
in accordance with such rates as are agreed upon by the owner, agent or
master, or in the default of agreement as may be determined by arbitration in
accordance with the law of the State or Territory in which the requirement
under sub-section (1) was served relating to the settlement of commercial
disputes by arbitration.
(8) A reference in this section to the owner of a vessel shall, in relation
to a vessel that is the subject of a charter-party by demise, be read as a
reference to a charterer under the charter-party.
POSTAL SERVICES ACT 1975 - SECT 23
Detention of vessel required to carry mail
SECT
23. (1) Where a magistrate is satisfied, by information on oath or
affirmation-
(a) that a requirement has been made under section 22 with respect to the
carriage of mail in a vessel from a port or place; and
(b) that there are reasonable grounds for believing that the vessel may
depart from that port or place without that mail on board,
the magistrate may grant a warrant authorizing an officer to board the vessel,
with such persons as he thinks necessary to assist him, to detain the vessel
until it is released in accordance with sub-section (3) and to use, or
authorize the use of, reasonable force to prevent any person from obstructing
the carrying out of the foregoing.
(2) Where a vessel is being detained in accordance with a warrant issued
under sub-section (1)-
(a) the Commission or a person authorized by the Commission may, at any
time, direct that the vessel be released from detention; and
(b) a magistrate may, upon application made by the master of the vessel,
direct that the vessel be released from detention if he is satisfied-
(i) that there is no longer any necessity for the carriage on board
the
vessel of any mail that is not already on board; or
(ii) that it is necessary for the safety of the vessel or of persons on
board the vessel that the vessel leave the place at which it is detained.
(3) Notwithstanding any other provision of this section-
(a) a period of detention of the vessel in pursuance of a warrant issued
under sub-section (1) comes to an end, by force of this sub-section, at the
expiration of 24 hours after the commencement of the period; and
(b) when a vessel has been released from detention (whether by force of
this sub-section or otherwise)-a further warrant under this section to detain
the vessel shall not be issued under this section until the expiration of 24
hours after the time of release of the vessel.
(4) The Commission or a person acting in accordance with this section is not
liable to pay damages or compensation to any person by reason of the detention
of a vessel in accordance with a warrant granted under sub-section (1).
(5) Nothing in this section affects liability to pay harbour dues or any
other charges in respect of a vessel for any period of detention under this
section.
POSTAL SERVICES ACT 1975 - PART IV
PART IV-CONSTITUTION AND MEETINGS OF THE COMMISSION
POSTAL SERVICES ACT 1975 - SECT 24
Constitution of Commission
SECT
24. (1) The Commission-
(a) is a body corporate with perpetual succession;
(b) shall have a common seal;
(c) may acquire, hold and dispose of real and personal property; and
(d) may sue or be sued in its corporate name.
(2) All courts, judges and persons acting judicially shall take judicial
notice of the common seal of the Commission affixed to a document and shall
presume that it was duly affixed.
(3) The Commission is not subject to any requirement, obligation, liability,
penalty or disability under a law of a State or Territory to which the
Commonwealth is not subject.
POSTAL SERVICES ACT 1975 - SECT 25
Composition of Commission
SECT
25. (1) The Commission shall consist of 7 Commissioners, namely-
(a) the Managing Director;
(b) 1 Commissioner who shall be an officer of the Department administered
by the Minister administering this Act;
(c) 1 Commissioner to represent officers and employees of the Commission;
and (d) 4 other Commissioners.
(2) The Commissioners shall be appointed by the Governor-General, the
Managing Director being appointed as a full-time Commissioner and the other
Commissioners being appointed as part-time Commissioners.
(3) The Governor-General shall, in appointing a Commissioner referred to in
paragraph (1) (c), have regard to any advice with respect to the person to be
appointed furnished by the Minister, after he has consulted with
representatives of appropriate organizations representing officers and
employees.
(4) The performance of the functions and exercise of the powers of the
Commission are not affected by reason of a vacancy or vacancies in the
membership of the Commission.
(5) The By-laws may make provision for and in relation to the preservation
of such rights as are specified in the By-laws by an officer who is appointed
to be the Managing Director and for and in relation to the appointment of such
an officer to a position in the Service upon the termination of his
appointment under this section otherwise than upon the ground of his
misconduct or of his having attained the age for retirement from the Service.
POSTAL SERVICES ACT 1975 - SECT 26
Period of appointment
SECT
26. (1) Subject to sub-section (2), a Commissioner shall be appointed for
such period, not exceeding 5 years, as is specified in the instrument of
appointment, but is eligible for re-appointment.
(2) The Commissioner referred to in paragraph 25 (1) (b) holds office during
the pleasure of the Governor-General.
(3) A person who has attained the age of 65 years shall not be appointed or
re-appointed as the Managing Director and a person shall not be appointed or
re-appointed as the Managing Director for a period that extends beyond the
date at which he will attain the age of 65 years.
POSTAL SERVICES ACT 1975 - SECT 27
Remuneration and allowances
SECT
27. (1) A Commissioner, other than the Commissioner referred to in paragraph
25 (1) (b), shall be paid such remuneration as is determined by the
Remuneration Tribunal, but, if no determination of that remuneration by the
Tribunal is in operation, he shall be paid such remuneration as is prescribed
by the regulations.
(2) A Commissioner shall be paid such allowances as are prescribed by the
regulations.
(3) This section has effect subject to the Remuneration Tribunals Act 1973.
POSTAL SERVICES ACT 1975 - SECT 28
Chairman and Deputy Chairman of Commission
SECT
28. (1) The Governor-General shall appoint a Commissioner to be the Chairman
of the Commission and another Commissioner to be the Deputy Chairman of the
Commission.
(2) The Commissioner appointed to be the Chairman or the Deputy Chairman
holds office as Chairman or Deputy Chairman until the expiration of his term
of office as a Commissioner that is current or commences at the time of his
appointment, but ceases to be the Chairman or the Deputy Chairman if he ceases
to be a Commissioner or resigns his office of Chairman or Deputy Chairman in
accordance with sub-section (3).
(3) The Commissioner appointed to be the Chairman or the Deputy Chairman may
resign his office of Chairman or Deputy Chairman by writing under his hand
delivered to the Governor-General, but the resignation does not have effect
until it is accepted by the Governor-General.
(4) A person is eligible to be re-appointed as the Chairman or the Deputy
Chairman.
POSTAL SERVICES ACT 1975 - SECT 29
Leave of absence
SECT
29. The Minister may grant leave of absence to a Commissioner upon such
terms and conditions as to remuneration or otherwise as the Minister
determines.
POSTAL SERVICES ACT 1975 - SECT 30
Resignation of Commissioner
SECT
30. A Commissioner may resign his office by writing under his hand delivered
to the Governor-General, but the resignation does not have effect until it is
accepted by the Governor-General.
POSTAL SERVICES ACT 1975 - SECT 31
Termination of appointments
SECT
31. (1) The Governor-General may terminate the appointment of a
Commissioner, other than the Commissioner referred to in paragraph 25 (1) (b),
by reason of the misbehaviour, or the physical or mental incapacity, of the
Commissioner.
(2) If a Commissioner, other than the Commissioner referred to in paragraph
25 (1) (b)-
(a) becomes bankrupt, applies to take the benefit of any law for the relief
of bankrupt or insolvent debtors, compounds with his creditors or makes an
assignment of his remuneration for their benefit;
(b) fails to comply with his obligations under sub-section (3);
(c) being the Managing Director-
(i) engages in paid employment outside the duties of his office
without
the approval of the Minister; or
(ii) is absent from duty, except on leave of absence granted by the
Minister, for 14 consecutive days, or for 28 days in any 12 months; or
(d) being a part-time Commissioner-is absent, except on leave of absence
granted by the Minister, from 3 consecutive meetings of the Commission, the
Governor-General shall terminate the appointment of the Commissioner.
(3) A Commissioner who has a direct or indirect pecuniary interest in a
matter being considered or about to be considered by the Commission shall, as
soon as possible after the relevant facts have come to his knowledge, disclose
the nature of his interest at a meeting of the Commission.
(4) A disclosure under sub-section (3) shall be recorded in the minutes of
the meeting of the Commission and the Commissioner shall not-
(a) be present during any deliberation of the Commission with respect to
that matter; or
(b) take part in any decision of the Commission with respect to that
matter.
(5) Sub-section (3) does not apply in relation to a matter relating to the
provision of a postal service by the Commission for the Commissioner otherwise
than in accordance with a special arrangement made under section 20.
POSTAL SERVICES ACT 1975 - SECT 32
Acting Commissioners
SECT
32. (1) The Minister may appoint a person to act as Managing Director-
(a) during a vacancy in the office of Managing Director; or
(b) during any period, or during all periods, when the Managing Director is
absent from duty or from Australia or is, for any other reason, unable to
perform the functions of his office,
but a person appointed to act during a vacancy shall not continue so to act
for more than 12 months.
(3) Where a part-time Commissioner is appointed to act as the Managing
Director, the office of the part-time Commissioner shall, for the purposes of
sub-section (4), be deemed to be vacant.
(4) The Minister may appoint a person to act as a part-time Commissioner-
(a) during a vacancy in the office of such a Commissioner; or
(b) during any period, or during all periods, when such a Commissioner is
unable (whether on account of illness or otherwise) to attend meetings of the
Commission,
but a person appointed to act during a vacancy shall not continue so to act
for more than 12 months.
(5) The Minister shall not appoint a person to be an acting Commissioner in
place of a Commissioner referred to in paragraph 25 (1) (b) or (c), or to fill
a vacancy in the office of such a Commissioner unless the person would be
eligible to be appointed to the office held or formerly held by that
Commissioner.
(5A) An appointment under this section may be expressed to have effect only
in such circumstances as are specified in the instrument of appointment.
(6) The Minister may-
(a) determine the terms and conditions of appointment, including
remuneration and allowances, of a person appointed under this section; and
(b) at any time terminate such an appointment.
(7) Where a person is acting as Managing Director in accordance with
paragraph (1) (b), or as a part-time Commissioner in accordance with paragraph
(4) (b), and the office of Managing Director or that part-time Commissioner,
as the case may be, becomes vacant while that person is so acting, then,
subject to sub-section (5A), that person may continue so to act until the
Minister otherwise directs, the vacancy is filled or a period of 12 months
from the date on which the vacancy occurred expires, whichever first happens.
(8) The appointment of a person under this section ceases to have effect if
he resigns his appointment by writing signed by him and delivered to the
Minister.
(9) While a person is acting as Managing Director or as a part-time
Commissioner under this section, he has and may exercise all the powers, and
shall perform all the functions, of the Managing Director or that part-time
Commissioner, as the case may be.
(10) The validity of anything done by a person purporting to act under this
section shall not be called in question on the ground that the occasion for
his appointment had not arisen, that there was a defect or irregularity in or
in connection with his appointment, that the appointment had ceased to have
effect or that the occasion for him to act had not arisen or had ceased.
POSTAL SERVICES ACT 1975 - SECT 33
Acting Chairman and Deputy Chairman
SECT
33. (1) Where the Chairman is absent from duty or from Australia or there is
a vacancy in the office of Chairman, the Deputy Chairman shall act as the
Chairman during the absence or until the filling of the vacancy.
(2) Where the Deputy Chairman is, or is expected to be, absent from duty or
from Australia or there is a vacancy in the office of Deputy Chairman, the
Minister may appoint another Commissioner to act as the Deputy Chairman during
the period of the absence or until the filling of the vacancy.
(3) If the Deputy Chairman is at any time acting as the Chairman, his office
of Deputy Chairman shall, during the period of his so acting, be deemed, for
the purposes of sub-section (2), to be vacant.
(4) A reference in sub-section (1) to the Deputy Chairman includes a
reference to a Commissioner acting as the Deputy Chairman in pursuance of an
appointment under sub-section (2).
POSTAL SERVICES ACT 1975 - SECT 34
Meetings of the Commission
SECT
34. (1) The Chairman shall convene such meetings of the Commission as he
considers necessary for the performance of its functions.
(2) The Chairman shall, when requested by 4 or more Commissioners to do so,
convene a meeting of the Commission.
(3) The Chairman shall preside at all meetings of the Commission at which he
is present.
(4) If, at a meeting of the Commission, the Chairman is not present but the
Deputy Chairman is present, the Deputy Chairman shall preside at the meeting.
(5) If, at a meeting of the Commission, neither the Chairman nor Deputy
Chairman is present, the Commissioners present shall appoint one of their
number to preside at the meeting.
(6) A quorum at a meeting of the Commission is 4 Commissioners.
(7) Questions arising at a meeting of the Commission shall be determined by
a majority of the votes of the Commissioners present and voting.
(8) The Commissioner presiding at a meeting of the Commission has a
deliberative vote and, in the event of an equality of votes, also has a
casting vote.
(9) A reference in this section to the Chairman or the Deputy Chairman
includes a reference to a person acting as the Chairman or as the Deputy
Chairman, as the case may be.
(10) Where a majority of the Commissioners sign a document containing a
statement that they are in favour of a resolution in terms set out in the
document, a resolution in those terms shall be deemed to have been passed at a
duly constituted meeting of the Commission held on the day on which the
document was signed, or, if the Commissioners sign the document on different
days, 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 documents
containing statements in identical terms each of which is signed by one or
more Commissioners shall together be deemed to constitute one document
containing a statement in those terms signed by those Commissioners on the
respective days on which they signed the separate documents.
POSTAL SERVICES ACT 1975 - SECT 35
Duties of the Managing Director
SECT
35. (1) The affairs of the Commission, to the extent determined by the
Commission, shall be managed by the Managing Director.
(2) The Managing Director shall, in managing any of the affairs of the
Commission, act in accordance with the policy of, and any directions given by,
the Commission.
POSTAL SERVICES ACT 1975 - SECT 36
Delegation
SECT
36. (1) The Commission may, by instrument under its seal, delegate to a
Commissioner, to the Chief General Manager or to an officer or employee,
either generally or otherwise as provided by the instrument of delegation, all
or any of its powers under this Act (except this power of delegation).
(2) A delegation under this section is revocable at will and does not
prevent the exercise of a power by the Commission.
POSTAL SERVICES ACT 1975 - PART V
PART V-THE STAFF OF THE COMMISSION
POSTAL SERVICES ACT 1975 - DIVISION 1
Division 1-The Chief General Manager
POSTAL SERVICES ACT 1975 - SECT 37
Chief General Manager
SECT
37. (1) There shall be a Chief General Manager of the Commission, who shall
be appointed by the Governor-General.
(2) The Chief General Manager shall be appointed for such period, not
exceeding 5 years, as is specified in the instrument of his appointment, but
is eligible for re-appointment.
(3) A person who has attained the age of 65 years shall not be appointed as
Chief General Manager and a person shall not be appointed or re-appointed as
Chief General Manager for a period that extends beyond the date on which he
will attain the age of 65 years.
(4) The Chief General Manager may resign his office by writing under his
hand delivered to the Governor-General but the resignation does not have
effect until it is accepted by the Governor-General.
(5) The Governor-General may terminate the appointment of the Chief General
Manager by reason of the misbehaviour, or physical or mental incapacity, of
the Chief General Manager.
(6) If the Chief General Manager-
(a) engages in paid employment outside the duties of his office without the
approval of the Minister;
(b) is absent from duty, except on leave of absence granted by the
Minister, for 14 consecutive days, or for 28 days in any 12 months; or
(c) becomes bankrupt, applies to take the benefit of any law for the relief
of bankrupt or insolvent debtors, compounds with his creditors or makes an
assignment of his remuneration for their benefit,
the Governor-General shall terminate his appointment.
(7) The Minister may grant leave of absence to the Chief General Manager
upon such terms and conditions as to remuneration or otherwise as the Minister
determines.
(8) The By-laws may make provision for and in relation to the preservation
of such rights as are specified in the By-laws by an officer who is appointed
to be Chief General Manager and for and in relation to the appointment of such
an officer to a position in the Service upon the termination of his
appointment under this section otherwise than upon the ground of his
misbehaviour or of his having attained the age for retirement from the
Service.
POSTAL SERVICES ACT 1975 - SECT 38
Remuneration of Chief General Manager
SECT
38. (1) The Chief General Manager shall be paid such remuneration as is
determined by the Remuneration Tribunal, but, if no determination of that
remuneration by the Tribunal is in operation, he shall be paid such
remuneration as is prescribed by the regulations.
(2) The Chief General Manager shall be paid such allowances as are
prescribed by the regulations.
(3) This section has effect subject to the Remuneration Tribunals Act 1973.
POSTAL SERVICES ACT 1975 - SECT 39
Acting Chief General Manager
SECT
39. (1) The Minister may appoint a person to act as Chief General Manager-
(a) during a vacancy in the office of Chief General Manager; or
(b) during any period, or during all periods, when the Chief General
Manager-
(i) is acting as Managing Director;
(ii) is absent from duty or from Australia; or
(iii) is, for any other reason, unable to perform the functions of his
office,
but a person appointed to act during a vacancy shall not continue so to act
for more than 12 months.
(2) An appointment of a person under sub-section (1) may be expressed to
have effect only in such circumstances as are specified in the instrument of
appointment.
(3) The Minister may-
(a) determine the terms and conditions of appointment, including
remuneration and allowances, of a person appointed under this section; and
(b) at any time terminate such an appointment.
(4) Where a person is acting as Chief General Manager in accordance with
paragraph (1) (b) and the office of Chief General Manager becomes vacant while
that person is so acting, then, subject to sub-section (2), that person may
continue so to act until the Minister otherwise directs, the vacancy is filled
or a period of 12 months from the date on which the vacancy occurred expires,
whichever first happens.
(5) The appointment of a person under sub-section (1) ceases to have effect
if he resigns his appointment by writing signed by him and delivered to the
Minister.
(6) Sub-section 37 (7) applies in relation to a person appointed under
sub-section (1) in like manner as it applies in relation to the Chief General
Manager.
(7) While a person is acting as Chief General Manager, he has and may
exercise all the powers, and shall perform all the functions, of the Chief
General Manager.
(8) The validity of anything done by a person purporting to act under
sub-section (1) shall not be called in question on the ground that the
occasion for his appointment had not arisen, that there was a defect or
irregularity in or in connection with his appointment, that the appointment
has ceased to have effect or that the occasion for him to act had not arisen
or had ceased.
POSTAL SERVICES ACT 1975 - SECT 40
Duties of Chief General Manager
SECT
40. (1) The Chief General Manager shall perform such duties as the Managing
Director directs and, in the event of the absence or inability of the Managing
Director and of the person appointed to act as the Managing Director if a
person has been so appointed, or of a vacancy in the office of Managing
Director, shall perform the duties of the Managing Director otherwise than at
meetings of the Commission.
(2) For the purposes of sub-section (1), the office of Managing Director
shall not be taken to be vacant while a person appointed to act as the
Managing Director is performing the duties of the office.
(3) The Chief General Manager shall, in the performance of his duties, act
in accordance with the policy of, and any directions given by, the Commission
or the Managing Director.
POSTAL SERVICES ACT 1975 - DIVISION 2
Division 2-Establishment of the Australian Postal Commission Service
POSTAL SERVICES ACT 1975 - SECT 41
Establishment of Australian Postal Commission Service
SECT
41. (1) For the purpose of enabling the Commission to perform its functions
under this Act, there is hereby established an Australian Postal Commission
Service.
(2) The Service consists of the persons appointed as officers or employed as
employees in accordance with this Part and of persons deemed to be appointed
as officers under section 16 of the Transitional Provisions Act.
POSTAL SERVICES ACT 1975 - DIVISION 3
Division 3-Officers and Employees
POSTAL SERVICES ACT 1975 - SECT 42
Officers
SECT
42. (1) The Commission may appoint as officers such number of persons as it
thinks necessary for the purposes of this Act.
(2) A person shall not be appointed as an officer unless-
(a) the Commission is satisfied, after he has undergone a medical
examination required by the Commission, as to his health and physical
fitness;
(b) he possesses such educational qualifications, or meets such other
requirements (if any), as are determined by the Commission; and
(c) the Commission is satisfied that he is a fit and proper person to be an
officer.
(3) The Commission shall determine-
(a) the manner in which applications for appointment as officers are to be
sought; and
(b) the manner of ascertaining the order in which offers of appointment
will be made to persons who apply for appointment as officers to specified
positions or to positions included in a specified class of positions.
(4) The Commission may, from time to time, for the purpose of this section-
(a) hold such examinations as it thinks fit;
(b) determine conditions of entry for any such examination; and
(c) appoint examiners for the purpose of any such examination.
(5) Officers shall perform duties as directed by the Commission or the
Managing Director.
POSTAL SERVICES ACT 1975 - SECT 43
Appointments to be on probation
SECT
43. (1) Unless the Commission, in a particular case, otherwise directs, the
appointment of every officer shall be on probation for a period of 6 months
commencing on the day on which the officer commences duties in pursuance of
his appointment.
(2) A person appointed as an officer on probation remains a probationer
until his appointment is confirmed or terminated in accordance with this
section.
(3) The Commission may, at any time during the period of 6 months, terminate
the appointment.
(4) As soon as practicable after the expiration of the period of 6 months,
the Commission shall-
(a) confirm the appointment;
(b) terminate the appointment; or
(c) direct that the probationer continue on probation for such further
period (not being a period exceeding 6 months) as the Commission determines.
(5) Where the Commission directs that a probationer continue on probation
for a further period, the Commission may confirm or terminate the appointment
of the probationer at any time during that further period and, if it does not
confirm or terminate the appointment before the expiration of that period,
shall do so as soon as practicable after the expiration of that period.
(6) Where the appointment of a probationer is to be terminated, the
Commission shall notify the probationer in writing of the reasons for the
termination of the probation.
(7) The regulations shall make provision for and in relation to the review
of a decision of the Commission under paragraph (4) (b).
POSTAL SERVICES ACT 1975 - SECT 44
Re-appointment of persons who have resigned from the Service to become
candidates at elections
SECT
44. (1) Where the Commission is satisfied that-
(a) a person who was an officer-
(i) resigned from the Service in order to become a candidate for
election as a member of a House of the Parliament of the Commonwealth or of a
State or of the Legislative Assembly for the Northern Territory or of a
legislative or advisory body for another Territory prescribed by the
regulations;
(ii) was a candidate at the election; and
(iii) failed to be elected; and
(b) the resignation took effect not earlier than 1 month before the date on
which nominations for the election closed,
the Commission shall, upon application by that person within 2 months after
the declaration of the result of the election, re-appoint him to the Service
at a classification and salary equivalent to the classification and salary
that he had immediately before the date upon which his resignation took
effect.
(2) A person shall be re-appointed under this section without being required
to undergo any medical examination and whether or not he possesses the
appropriate education qualifications or meets the appropriate requirements.
(3) A person shall be re-appointed under this section without probation.
(4) A person re-appointed under this section shall be deemed to have
continued in the Service as if he had not resigned but had been on leave of
absence without pay during the period from the day on which his resignation
became effective to and including the day immediately preceding the day on
which he was re-appointed.
(5) The period referred to in sub-section (4) shall, for all purposes, be
deemed to form part of the officer's period of service.
POSTAL SERVICES ACT 1975 - SECT 45
Employees
SECT
45. (1) The Commission may engage persons as temporary employees.
(2) Persons engaged as temporary employees shall perform duties as directed
by the Commission or the Managing Director.
(3) Where the Commission is satisfied that-
(a) a person who was temporarily employed by the Commission-
(i) resigned from that employment in order to become a candidate for
election as a member of a House of the Parliament of the Commonwealth or of a
State or of the Legislative Assembly for the Northern Territory or of a
legislative or advisory body for another Territory prescribed by the
regulations;
(ii) was a candidate at the election; and
(iii) failed to be elected; and
(b) the resignation took effect not earlier than 1 month before the date on
which nominations for the election closed,
the Commission shall, upon application by that person within 2 months after
the declaration of the result of the election, employ him at a classification
and rate of pay equivalent to the classification and rate of pay that he had
immediately before the date upon which his resignation took effect.
(4) A person employed under sub-section (3) shall be deemed to have
continued in temporary employment in the Service as if the period of his
employment in pursuance of this section and the unbroken period of his
employment immediately prior to the date on which his resignation took effect
were a continuous period of temporary employment.
POSTAL SERVICES ACT 1975 - SECT 46
Terms and conditions of employment
SECT
46. (1) Subject to this Part, officers and employees hold office on such
respective terms and conditions as the Commission determines.
(2) Where, immediately before the commencing date-
(a) an award of the Conciliation and Arbitration Commission;
(b) a determination made by the Public Service Arbitrator;
(c) a determination made by the Public Service Board under the Public
Service Act 1922; or
(d) an agreement to which section 31 of the Conciliation and Arbitration
Act 1904 applied,
applied to or in relation to the persons, whether officers or employees, who
performed the duties of offices included in a class of offices in the
Postmaster-General's Department, the Commission shall, in making its first
determination of the terms and conditions of employment of the persons,
whether officers or employees, performing the duties of positions included in
the corresponding class of positions in the Service, determine terms and
conditions no less favourable to those last-mentioned persons than the terms
and conditions that were applicable to those first-mentioned persons
immediately before the commencing date by virtue of that award, determination
or agreement.
POSTAL SERVICES ACT 1975 - DIVISION 4
Division 4-Classifications, Appointments and Promotions
POSTAL SERVICES ACT 1975 - SECT 47
Creation and abolition of positions
SECT
47. (1) The Commission may create positions in the Service and may abolish
positions in the Service.
(2) The Commission may determine the salary, or the range of salary,
applicable to a position in the Service.
POSTAL SERVICES ACT 1975 - SECT 48
Re-classification
SECT
48. (1) The Commission may, from time to time, alter the designation of a
position or alter the classification of a position in the Service by raising
or lowering the salary, or range of salary, applicable to the position.
(2) Whenever the classification of a position is altered, the position shall
be deemed to be vacant.
(3) Where the Commission makes the same alteration of the classification of
all positions having the same classification and designation, the Commission
may direct that sub-section (2) shall not apply and, in that case, that
sub-section does not apply.
(4) Where-
(a) the Commission makes an alteration of the classification of a position
in a case where there is no other position having the same classification and
designation as that position; and
(b) the Commission determines that that alteration is related to an
alteration in respect of which a direction has been given under sub-section
(3), the Commission may direct that sub-section (2) shall not apply in
relation to that first-mentioned alteration and, in that case, that
sub-section does not apply.
(5) A direction given by the Commission under sub-section (3) or (4) shall
be made known to officers as prescribed by the By-laws.
POSTAL SERVICES ACT 1975 - SECT 49
Filling of vacant positions
SECT
49. The Commission may appoint a person as an officer, or transfer or
promote an officer, to fill a vacant position in the Service.
POSTAL SERVICES ACT 1975 - SECT 50
Selection of officers for promotion
SECT
50. (1) Subject to sub-section (2), in the selection of an officer for
promotion to a vacant position, consideration shall be given to the relative
efficiency of the officers available for promotion and, in the event of
equality of efficiency of 2 or more officers, then to the relative seniority
of those officers.
(2) The Commission may determine that, in the selection of an officer for
promotion to a specified position, or of officers for promotion to vacant
positions included in a specified class of positions, the selection shall be
made on the basis of selecting for promotion the senior efficient officer
available for promotion.
(3) For the purposes of this section-
(a) "efficiency" means, subject to sub-section (4), special qualifications
and aptitude for the discharge of the duties of the kind to be performed by
the officer filling the position, together with merit and diligence and good
conduct and, in the case of an officer who has at any time been engaged on war
service, includes such efficiency as, in the opinion of the Commission, the
officer would have attained but for his absence on war service;
(b) "war service" includes "Defence service" as defined by sub-section 6
(1) of the Defence (Re-establishment) Act 1965; and
(c) the seniority of officers shall be determined as prescribed by the
By-laws.
(4) Where, by virtue of a determination of the Commission, this sub-section
applies in relation to a position, consideration shall also be given, in
assessing the efficiency of an officer, to the special qualifications and
aptitude of each officer available for promotion for the discharge of the
duties of higher positions in the Service.
POSTAL SERVICES ACT 1975 - SECT 51
Qualification for particular positions
SECT
51. (1) The Commission may determine that a person shall not be appointed,
or that an officer shall not be transferred or promoted, to a specified
position, or to a position included in a specified class of positions, unless
the person or officer possesses such qualifications, and complies with such
conditions, as are specified in the determination.
(2) A qualification or condition specified in a determination in accordance
with sub-section (1) may be a qualification or condition that is defined or
expressed by reference to the opinion of the Commission in relation to a
particular matter.
(3) The Commission may, for the purposes of sub-section (1)-
(a) hold, or authorize the holding of, such courses of training and such
examinations as it thinks fit;
(b) determine conditions of entry for any such course of training or any
such examination; and
(c) appoint instructors for the purposes of any such course of training and
examiners for the purpose of any such examination.
(4) Notice of a determination made under sub-section (1) shall be published
in the Gazette or in such other publication as is prescribed by the By-laws
and the notice shall specify-
(a) the subjects of the examination;
(b) the scope of, or syllabus for, the course of training for each of the
subjects of the examination; and
(c) the subjects required to be passed at the examination.
POSTAL SERVICES ACT 1975 - SECT 52
Transfers and promotions to certain positions
SECT
52. (1) Where the Commission has determined that an officer shall not be
transferred or promoted to a specified position or a position included in a
specified class of positions unless the officer has passed an examination held
or authorized by the Commission for transfer or promotion to that position,
the Commission may also determine-
(a) that the transfer or promotion of officers to such a position shall be
made only in accordance with this section; and
(b) that officers who submit themselves for such an examination in a
specified part of Australia shall, on passing the examination, be eligible for
transfer or promotion under this section only to a vacant position located in
that part of Australia.
(2) Where an officer passes an examination held or authorized by the
Commission for transfer or promotion to a particular position, or to a
position included in a particular class of positions, the officer shall be
transferred, or promoted to, such a position-
(a) if the Commission has made the determination referred to in paragraph
(1) (b) in relation to the examination-as soon as practicable after a vacancy
occurs in such a position that is located in the part of Australia in which
the officer submitted himself for the examination; or
(b) in any other case-as soon as practicable after a vacancy occurs in such
a position.
(3) Where 2 or more officers have passed the same examination, those
officers are entitled to be transferred or promoted in accordance with
sub-section (2) according to the order of merit in which they passed the
examination.
(4) A promotion under this section is not subject to the right of appeal
provided in section 54.
POSTAL SERVICES ACT 1975 - SECT 53
Promotion of officers who complete courses of training for special positions
SECT
53. (1) The Commission may determine that-
(a) a specified position is a position the occupant of which is required to
undergo a course of training for the purpose of enabling him to perform duties
which require professional, technical or other knowledge; and
(b) an officer who has completed that course of training to the
satisfaction of the Commission is entitled to be promoted in accordance with
this section to such position as is specified in the determination in relation
to that first-mentioned position.
(2) An officer who has completed, to the satisfaction of the Commission, a
course of training approved by the Commission, shall be promoted to the
position specified by the Commission under paragraph (1) (b) as soon as
practicable after a vacancy occurs in that position.
(3) Where 2 or more officers complete at the same time a course of training
approved by the Commission, the promotion of those officers under sub-section
(2) shall be made in accordance with the respective seniority of the officers.
(4) Until an officer who is entitled to promotion under sub-section (2) is
promoted, the officer-
(a) is an unattached officer having the designation appropriate to an
officer occupying the position to which he is entitled to be promoted; and
(b) shall, for the purposes of salary and of transfer to another position,
be deemed to be the occupant of the position referred to in paragraph (a).
(5) A promotion under sub-section (2) is not subject to the right of appeal
provided in section 54.
(6) A determination under sub-section (1) shall be made known to officers as
prescribed by the By-laws.
(7) A reference in this section to a position shall, unless the contrary
intention appears, be read as a reference to any position in a class of
positions equivalent to that position.
POSTAL SERVICES ACT 1975 - SECT 54
Appeals against promotions
SECT
54. (1) The promotion of an officer to a vacant position-
(a) is provisional and without increased salary pending confirmation of the
promotion;
(b) shall be made known to officers in a manner prescribed by the By-laws;
and
(c) is subject to appeal as provided by this section.
(2) An officer who considers that he should have been promoted to a vacant
position in preference to the officer provisionally promoted may appeal, in
the manner specified in the regulations, against the provisional promotion-
(a) on the ground of superior efficiency or of equal efficiency and
seniority; or
(b) if sub-section 50 (2) applies in relation to the position-on the ground
that he is senior to the officer provisionally promoted and is efficient.
(3) The Commission may regard an appeal as having been made under this Act
on a ground specified in sub-section (2) by an officer who, at any time within
the time prescribed by the regulations for lodging an appeal, is absent from
Australia on official duty or is absent from duty in circumstances prescribed
by the regulations and in such a case this section has effect as if an appeal
on that ground had been received from that officer and as if that officer had
been, at the date of the appeal, performing his duties in the State or
Territory in which, immediately before his departure from Australia on
official duty or his absence from duty in circumstances prescribed by the
regulations, as the case may be, he was performing his duties.
(4) Upon an appeal or appeals being made against a provisional promotion, a
Promotions Appeal Board shall make a full inquiry into the claims of the
appellant or appellants and the claims of the officer provisionally promoted
and determine the appeal or appeals.
(5) The regulations may make provision for and in relation to the conduct of
inquiries by Promotions Appeal Boards, including provisions for a Promotions
Appeal Board to act as a central Promotions Appeal Board to determine an
appeal, in a case where all the parties to the appeal do not perform their
duties in the same State or Territory, after examining reports made to it by 2
or more other Promotions Appeal Boards and making such further inquiries (if
any) as it thinks necessary into the claims of all the parties to the appeal.
(6) Where an appeal is allowed, the Commission shall cancel the provisional
promotion and promote the appellant to the vacant position.
(7) Where there are 2 or more appellants in respect of the one promotion,
the Promotions Appeal Board determining the appeals shall, if it considers
that 2 or more appellants have established the grounds of their appeals, allow
the appeal of 1 only of those appellants, being the appellant whom it
considers to have the best claim to promotion to the vacant position having
regard to the provisions of sub-section 50 (1) or sub-section 50 (2),
whichever is applicable in relation to the position.
(8) Where, in respect of a provisional promotion, no appeal is duly made or
an appeal has, or appeals have, been duly made but the appeal or each of the
appeals has been disallowed or has become inoperative, the Commission shall
confirm the provisional promotion.
(9) If, after notification has been made of a provisional promotion to a
vacant position but before the promotion has been confirmed, the Commission is
satisfied that the position is unnecessary or could be filled by the transfer
of an excess officer, or that the notification or further notification of the
vacancy in the position is desirable, the Commission may cancel the
provisional promotion.
(10) The Commission may cancel a provisional promotion in accordance with
sub-section (9) whether or not there has been an appeal against the
provisional promotion, and, where the Commission so cancels a provisional
promotion, any appeals in respect of the promotion shall be discontinued.
(11) For the purposes of this section, an appeal shall be taken to become
inoperative if-
(a) the appeal is withdrawn;
(b) the appellant ceases to be an officer; or
(c) the appellant ceases, by reason of the confirmation of his promotion to
another position or for any other reason, to be eligible for promotion to the
position concerned.
POSTAL SERVICES ACT 1975 - SECT 55
Chairman of Promotions Appeal Boards
SECT
55. (1) For the purposes of this Division, the Minister may appoint a person
to be the Chairman of a Promotions Appeal Board.
(2) A person may be appointed under sub-section (1) as a full-time Chairman
of a Promotions Appeal Board or as a part-time Chairman of a Promotions Appeal
Board.
(3) A Chairman of a Promotions Appeal Board shall be paid such remuneration
as is determined by the Remuneration Tribunal, but, if no determination of
that remuneration by the Tribunal is in operation, he shall be paid such
remuneration as is prescribed by the regulations.
(4) A Chairman of a Promotions Appeal Board shall be paid such allowances as
are prescribed by the regulations.
(5) Sub-sections (3) and (4) have effect subject to the Remuneration
Tribunals Act 1973;
(6) The Chairman of a Promotions Appeal Board holds office, subject to this
section, for such period as is specified in the instrument of his or her
appointment and on such terms and conditions as the Minister determines, but
is eligible for re-appointment.
(6A) A person who has attained the age of 65 years shall not be appointed as
a full-time Chairman of a Promotions Appeal Board and a person shall not be
appointed as a full-time Chairman of a Promotions Appeal Board for a period
that extends beyond the day on which the person will attain the age of 65
years.
(6B) The Minister may terminate the appointment of the Chairman of a
Promotions Appeal Board for misbehaviour or for physical or mental incapacity.
(6C) The Chairman of a Promotions Appeal Board may resign from office by
writing signed by the Chairman and delivered to the Minister.
(7) A person holding office or appointed-
(a) as Chairman of a Promotions Appeal Committee under the Public Service
Act 1922; or
(b) as Chairman of a Promotions Appeal Board under the Telecommunications
Act 1975,
may be appointed under this sub-section as a part-time Chairman of a
Promotions Appeal Board under this Act while retaining that first-mentioned
office and, in that event-
(c) he shall not be appointed for a period that extends beyond the period
of his appointment to that first-mentioned office;
(d) he shall perform his duties as Chairman of a Promotions Appeal Board
under this Act concurrently with the performance of the duties of that
first-mentioned office;
(e) he shall cease to hold office as Chairman of a Promotions Appeal Board
under this Act if he ceases to hold that first-mentioned office; and
(f) he shall not be paid remuneration or allowances in his capacity as
Chairman of a Promotions Appeal Board under this Act, but, for the purposes of
the payment of remuneration and allowances to him, his duties as the holder of
that first-mentioned office shall be deemed to include his duties as Chairman
of a Promotions Appeal Board under this Act.
(8) The By-laws may make provision for and in relation to the preservation
of such rights as are specified in the By-laws by an officer who is appointed
to be the full-time Chairman of a Promotions Appeal Board under this Act and
for and in relation to the appointment of such an officer to a position in the
Service upon the termination of his appointment under this section otherwise
than upon the ground of his misbehaviour or of his having attained the age for
retirement from the Service.
POSTAL SERVICES ACT 1975 - SECT 56
Promotions Appeal Boards
SECT
56. (1) For the purposes of this Division, the Commission shall, from time
to time, arrange for the establishment of such Promotions Appeal Boards as are
required.
(2) A Promotions Appeal Board, in relation to an appeal against a
provisional promotion to a vacant position, shall be constituted by-
(a) a Chairman, being a person who holds an office of Chairman of a
Promotions Appeal Board;
(b) an officer nominated by the Commission for the purposes of the appeal;
and
(c) an officer nominated by the organization that is, by virtue of the
regulations, the appropriate organization in respect of the appeal.
(3) An officer shall not be nominated as a member of a Promotions Appeal
Board in relation to a provisional promotion to a vacant position if that
officer has himself been provisionally promoted to the vacant position or has
himself appealed against the provisional promotion to that vacant position.
(4) Where, at a meeting of a Promotions Appeal Board, the members are
divided on a question, that question shall be decided according to the
decision of the majority.
POSTAL SERVICES ACT 1975 - DIVISION 5
Division 5-Tenure of Office
POSTAL SERVICES ACT 1975 - SECT 57
Tenure of office
SECT
57. (1) An officer who has attained the age of 55 years is entitled to
retire from the Service if the officer desires to do so, but may, subject to
this Part, continue in the Service until he attains the age of 65 years.
(2) An officer who attains the age of 65 years ceases to be an officer.
POSTAL SERVICES ACT 1975 - SECT 58
Excess officers
SECT
58. (1) If, at any time, the Commission finds that a greater number of
officers occupying positions of a particular classification is employed than
is necessary for the efficient working of the Service, an officer whom the
Commission finds to be in excess may be transferred to such other position of
equal classification as the officer is competent to fill, and, if no such
position is available, the officer may be transferred to a position of lower
classification.
(2) If no position is available for the officer, the Commission may retire
him from the Service.
(3) The regulations shall make provision for and in relation to the review
of a decision of the Commission under this section upon application by an
officer affected by it.
POSTAL SERVICES ACT 1975 - SECT 59
Retirement, &c., on ground of inefficiency, incapacity, &c.
SECT
59. (1) If an officer appears to the Commission to be inefficient or
incompetent, or unable to discharge or incapable of discharging the duties of
his position, the Commission may-
(a) transfer him to another position having the same classification as the
position held (whether in the same or a different locality);
(b) reduce him to a lower position and salary; or
(c) retire him from the Service.
(2) The regulations shall make provision for and in relation to the review
of a decision of the Commission under this section upon application by an
officer affected by it.
POSTAL SERVICES ACT 1975 - DIVISION 6
Division 6-Dismissals and Punishments
POSTAL SERVICES ACT 1975 - SECT 60
Interpretation
SECT
60. (1) In this Division, unless the contrary intention appears, "salary"
does not include such allowances as are prescribed by the By-laws.
(2) In this Division, a reference to misconduct, in relation to an officer,
is a reference to a failure of the officer to fulfil his duty as an officer.
POSTAL SERVICES ACT 1975 - SECT 61
Disciplinary action
SECT
61. (1) For the purposes of this Division, an officer shall be taken to have
failed to fulfil his duty as an officer if and only if-
(a) he wilfully disobeys or wilfully disregards a direction given to him as
an officer and given by a person having authority to give the direction;
(b) he is inefficient or incompetent by reason of causes within his own
control;
(c) he is negligent or careless in the discharge of his duties;
(d) he is guilty of improper conduct as an officer;
(e) he is guilty of improper conduct otherwise than as an officer, being
conduct that affects adversely the performance of his duties, is prejudicial
to the interests of the Commission or damaging to the business of the
Commission;
(f) he contravenes or fails to comply with a provision of this Act, of the
regulations or of the By-laws that is applicable to him or with the terms and
conditions upon which he is employed; or
(g) he has, whether before or after becoming an officer, wilfully supplied
to the Commission, to an officer or to some other person acting on behalf of
the Commission incorrect or misleading information in connexion with his
appointment to the Service.
(2) If a supervisor of an officer has, at any time, reason to believe that
the officer may have failed to fulfil his duty as an officer, the supervisor
may require the officer to furnish to the supervisor, in writing, an
explanation of the matters alleged to constitute the failure and may, after
consideration of any explanation furnished by the officer, if he is of the
opinion that the officer has failed to fulfil his duty as an officer-
(a) counsel the officer; or
(b) furnish a report concerning the matters, together with any explanation
furnished to him, to an officer authorized for the purposes of sub-section
(3).
(3) Where an officer authorized by the Commission for the purposes of this
sub-section is of the opinion, whether by reason of his consideration of a
report furnished under sub-section (2) or otherwise, that an officer may have
failed to fulfil his duty as an officer, the authorized officer shall, as soon
as practicable, decide whether he should be charged and-
(a) if he decides that the officer should not be charged-may counsel the
officer or cause a supervisor of the officer to counsel the officer; or
(b) if he decides that the officer should be charged-by writing under his
hand delivered to the officer, charge the officer with the failure.
(4) Where an officer charged under sub-section (3) so requests, a copy of
the charge shall be furnished to the organization to which the officer
belongs.
(5) Where an officer is charged with misconduct, an officer authorized for
the purposes of this sub-section, not being either the supervisor of the
officer charged or an officer authorized by the Commission for the purposes of
sub-section (3), shall, without undue delay, hold an inquiry into the charge.
(6) In an inquiry for the purposes of sub-section (5), a formal hearing is
not required, but the officer shall be notified that an inquiry is to be held
into the alleged misconduct and given an opportunity to state, in writing,
within 7 days or such longer period as the officer holding the inquiry may
allow after the notice is furnished to him, whether he admits or denies the
truth of the matters alleged to constitute the misconduct and to furnish a
statement in relation to those matters.
(7) Where an officer has furnished a statement in relation to the matters
alleged to constitute misconduct, the officer shall, if he so requests, be
given the opportunity of making a further oral statement to the officer
holding the inquiry and, if he does so, a written record of his further
statement shall be made by that officer.
(8) An officer charged with misconduct shall not be taken, by reason only of
having failed to deny the truth of a matter alleged to constitute the
misconduct, to have admitted the truth of that matter.
(9) Where the officer who held an inquiry into a charge is satisfied that
the officer charged has failed to fulfil his duty as an officer, he may
counsel the officer or cause a supervisor of the officer to counsel him, or,
if he is of the opinion that other action is necessary-
(a) admonish the officer;
(b) direct that a sum not exceeding $40 be deducted from the salary of the
officer;
(c) if the officer occupies a position to which a range of salary is
applicable and is in receipt of a salary other than the minimum salary of that
range-direct that his salary be reduced to a lower salary within that range
for a period not exceeding 12 months; or
(d) recommend to the Commission in writing-
(i) that the Commission transfer the officer to another position,
whether at the same or a different locality, being a position for which he is
qualified and which has the same classification as the position held by the
officer, and the salary, within the salary range of the position, that should
be paid to the officer;
(ii) that the Commission transfer the officer to another position,
whether in the same or a different locality, being a position for which he is
qualified and which has a lower classification than the position held by the
officer, and the salary, within the salary range of the position, that should
be paid to the officer; or
(iii) that the Commission dismiss the officer from the Service.
(10) Where an officer makes a recommendation specified in paragraph (9) (d)
in respect of an officer, he shall furnish to the Commission, with his
recommendation, full particulars of his findings in relation to the facts
giving rise to the misconduct.
(11) Where an officer makes a recommendation specified in paragraph (9) (d)
in respect of an officer, the Commission may, after consideration of the
particulars furnished under sub-section (10) counsel the officer or if it
considers that other action is necessary-
(a) admonish the officer;
(b) decide-
(i) to give effect to the recommendation; or
(ii) to take any other action that could have been recommended under
that
paragraph; or
(c) give a direction referred to in paragraph (9) (b) or (c).
(12) Where an officer recommends, or the Commission decides, that an officer
be transferred to a position having the same classification as the position
previously held by him and that he be paid a salary that is the equivalent of
the salary previously paid to him, the officer may also recommend or the
Commission may also direct, as the case may be, that a sum not exceeding $40
be deducted from the officer's salary.
(13) Where an officer authorized for the purposes of sub-section (5) or the
Commission gives a direction that the salary of an officer be reduced, the
officer is entitled, at the expiration of the period specified by the
first-mentioned officer or the Commission in that direction, to be paid salary
at the rate at which salary would have been payable to him if the reduction
had not taken place.
(14) The admonition of an officer by the Commission or by an officer
authorized for the purposes of sub-section (5) does not have any effect-
(a) if the officer appeals against the admonition-unless the appeal lapses
or is withdrawn or a Disciplinary Appeal Board confirms the admonition; or
(b) in any other case-until the expiration of the period within which the
officer may appeal against the admonition to a Disciplinary Appeal Board.
(15) A direction or decision under this section by the Commission or by an
officer authorized for the purposes of sub-section (5) does not take effect-
(a) if the officer appeals against the direction or decision-unless the
appeal lapses or is withdrawn or a Disciplinary Appeal Board confirms, either
with or without a variation, the direction or decision; or
(b) in any other case-until the expiration of the period within which the
officer may appeal against the direction or decision to a Disciplinary Appeal
Board.
POSTAL SERVICES ACT 1975 - SECT 62
Suspension of officers
SECT
62. (1) Where-
(a) an officer has been charged with having committed-
(i) an offence against a law of Australia or of a State or Territory;
or
(ii) an offence against a law of a foreign country, being an offence
which, if committed in Australia, would have constituted an offence against a
law of Australia or of a State or Territory; or
(b) the Commission is of the opinion that an officer may have failed to
fulfil his duty as an officer,
and the Commission is of the opinion that it would be prejudicial to the
effective operation of the Commission, to the interests of the public or to
the interests of the officer and his fellow officers if the officer were to
continue to perform the duties of his existing position, the Commission may,
by notice in writing-
(c) suspend the officer from duty; or
(d) transfer the officer temporarily to another position for which he is
qualified (whether at the same or a different locality) having the same
classification as the position held by the officer.
(2) Where an officer is suspended from duty otherwise than by reason of
circumstances referred to in paragraph (1) (a) before he is charged with
misconduct, he shall, until an officer authorized for the purposes of
sub-section 61 (3) decides whether he should be charged, be deemed to be
absent on leave of absence with salary.
(3) Where an officer is suspended from duty at a time when he is absent on
leave of absence, the suspension does not prevent his receiving any salary to
which he is entitled during that period of absence.
(4) The suspension of an officer from duty does not prevent the granting to
the officer of leave of absence with salary.
(5) Except as provided by sub-section (2), (3) or (4) or by section 63, an
officer is not, unless the Commission, being satisfied that the officer is
suffering or has suffered hardship, otherwise directs, entitled to be paid
salary in respect of the period during which he is suspended.
(6) An officer who is suspended from duty is entitled to engage in paid
employment during any period of suspension without salary.
POSTAL SERVICES ACT 1975 - SECT 63
Removal and variation of suspension
SECT
63. (1) Where an officer is suspended from duty under section 62-
(a) the Commission may, at any time, whether upon application by the
officer or otherwise, remove the suspension or direct that the officer be paid
salary during the suspension; and
(b) the Commission shall, if the suspension continues for more than 30
days, forthwith after the suspension has continued for more than 30 days,
consider whether the suspension should be removed or salary should be paid
during the suspension.
(2) Where an officer has, by reason of his having been charged with an
offence referred to in paragraph 62 (1) (a), been suspended from duty or
transferred temporarily to another position and, upon the hearing of the
charge-
(a) the officer does not plead guilty, and is not found guilty in respect
of the offence of which he is charged or of another offence of a kind referred
to in that paragraph; or
(b) the charge is not proceeded with,
the Commission shall, if it has not previously done so, remove the suspension
or transfer the officer back to the position that he had previously held, as
the case may be.
(2A) Where-
(a) but for this sub-section, the Commission would be required by
sub-section (2) to remove a suspension by reason that a charge was not
proceeded with; and
(b) before the time when the Commission would, but for this sub-section, be
required to remove the suspension, the officer who was suspended is charged
with an offence referred to in paragraph 62 (1) (a) that is founded on the
same facts, or substantially the same facts, as the charge that was not
proceeded with,
the Commission is not required by sub-section (2) to remove the suspension
but, for the purposes of any subsequent application of sub-section (2), that
other charge shall be substituted for the charge that was not proceeded with.
(3) Where an officer has been suspended from duty or transferred temporarily
to another position in circumstances referred to in paragraph 62 (1) (b) and-
(a) if the officer is charged with misconduct-the officer holding an
inquiry into the misconduct or a Disciplinary Appeal Board finds that the
charge has not been established or the charge is withdrawn; or
(b) in any other case-an officer authorized for the purposes of sub-section
61 (3), decides that the officer should not be charged with misconduct, the
Commission shall, if it has not previously done so, remove the suspension or
transfer the officer back to the position that he had previously held, as the
case may be.
(4) Where-
(a) an officer has been suspended from duty under section 62;
(b) the amount of salary that would otherwise have been paid to the officer
in respect of the period or a part of the period of the suspension was not
paid to him; and
(c) the Commission removes the suspension,
the officer shall, subject to sub-section (5), be paid that amount of salary.
(5) Where the Commission is satisfied that an officer to whom sub-section
(4) applies has engaged in paid employment or work during the period or a part
of the period of his suspension, the amount payable to him under that
sub-section shall be reduced by the amount equal to the total of the amount of
the earnings that the Commission is satisfied were received or are receivable
by him in respect of that employment or work.
(6) Where the suspension of an officer who had, after the suspension
commenced, sought and been granted leave of absence for a part of the period
of suspension, is removed under this section, the officer is entitled to a
credit of a period of leave of absence equal to that part of the period of
suspension.
(7) Except where an officer is dismissed from the Service, the period during
which the officer is suspended from duty counts as service for all purposes.
(8) Where an officer retires or resigns from the Service or dies while he
is suspended from duty without salary, the Commission may, in its discretion,
authorize payment to the officer, or to the estate of the deceased officer, of
an amount equal to the salary that would otherwise have been paid to the
officer in respect of the period of his suspension without salary less the
amount (if any) of the earnings that the Commission is satisfied the officer
received or was entitled to receive in respect of any employment or work
engaged in by him while so suspended.
(9) Where, immediately before a direction or decision of an officer or of
the Commission under section 61, a decision of the Commission under
sub-section 64 (1) or a decision of a Disciplinary Appeal Board under section
65 takes effect in relation to an officer, the last-mentioned officer is under
suspension from duty in connexion with the misconduct or offence to which the
direction or decision is related, the suspension ceases upon that direction or
decision taking effect.
POSTAL SERVICES ACT 1975 - SECT 64
Convictions by courts
SECT
64. (1) Where a court convicts an officer on a charge for an offence
referred to in paragraph 62 (1) (a) or a court, without recording a
conviction, finds that an officer has committed such an offence and the
Commission, after giving the officer an opportunity to furnish to it, in
writing, any explanation that he desires to make in relation to the offence,
is of the opinion that, having regard to the nature and circumstances of the
offence and the nature of the duties of the officer, the interests of the
Commission justify it in so doing, the Commission may counsel the officer or
may decide to-
(a) transfer the officer to another position, whether at the same or a
different locality, being a position for which he is qualified and which has
the same classification as, or a lower classification than, the position held
by the officer, and determine the salary, within the salary range of the
position, that is to be paid to the officer; or
(b) dismiss the officer from the Service.
(2) A decision of the Commission under sub-section (1) with respect to an
officer, does not take effect-
(a) if the officer appeals against the decision-unless the appeal lapses or
is withdrawn or a Disciplinary Appeal Board confirms, either with or without a
variation, the decision; or
(b) in any other case-until the expiration of the period within which the
officer may appeal against the decision to a Disciplinary Appeal Board.
(3) Where, after a person charged with an offence referred to in paragraph
62 (1) (a) has been dismissed from the Service in accordance with a decision
of the Commission under sub-section (1) the finding of the court in relation
to the offence with which he was charged is nullified, the Commission may,
upon application, in writing, made to it by the person, appoint the person as
an officer, without probation, to fill his original position or an equivalent
position, or, if such a position is not available, an available position as
nearly as possible equivalent to his original position.
(4) Where an officer charged with an offence referred to in paragraph 62 (1)
(a) has, under sub-section (1), been transferred to another position and the
finding of the Court in relation to the offence with which he was charged is
nullified, the Commission may, upon application, in writing, made to it by the
officer, transfer the officer to his original position or an equivalent
position, or, if such a position is not available, to an available position as
nearly as possible equivalent to his original position.
(5) Where the Commission refuses an application under sub-section (3) or
(4), it shall notify the applicant, in writing, accordingly and furnish to him
its reasons for the refusal.
(6) Where an officer serves a term of imprisonment or a period of custody in
relation to an alleged offence, but is not dismissed-
(a) he shall be deemed, for the duration of his imprisonment or custody, to
be on leave of absence without pay;
(b) his service before that period of imprisonment or custody shall be
regarded as being continuous with his service after that period;
(c) the period of his imprisonment or custody shall not, unless the
Commission otherwise determines, be regarded as service for any purpose under
this Act; and
(d) the Commission may determine that the original position occupied by the
officer is vacant.
(7) For the purposes of this section, a finding of a court in relation to an
offence shall be regarded as having been nullified-
(a) where a person has been convicted on the basis of that finding-if the
conviction has subsequently been quashed or otherwise nullified or the person
convicted has received a pardon or has been released from prison as a result
of an inquiry into the conviction; or
(b) in any other case-if the finding has been set aside.
(8) This section does not prevent an officer from being dealt with under
another provision of this Act, but an officer shall not be punished under this
Act twice in respect of the same matter.
POSTAL SERVICES ACT 1975 - SECT 65
Appeals
SECT
65. (1) An officer may appeal to a Disciplinary Appeal Board-
(a) against his admonition by, or a direction or decision made or given
with respect to him by, an officer or the Commission under section 61; or
(b) against a decision made with respect to him by the Commission under
sub-section 64 (1).
(2) Where the Commission has refused an application under sub-section 64 (3)
or (4) the applicant may appeal against the refusal to a Disciplinary Appeal
Board.
(3) In the hearing of an appeal under this section, the Disciplinary Appeal
Board may take evidence on oath or affirmation.
(4) The regulations may prescribe the manner in which, and the time within
which, appeals may be made under this section and the manner in which the
hearing of appeals so made shall be conducted and may include provision for or
in relation to the summoning of witnesses, the production of documents, the
taking of evidence on oath or affirmation and the administering of oaths and
affirmations.
(5) A Disciplinary Appeal Board shall hear each appeal submitted to it under
sub-section (1) and may confirm, vary or set aside the direction or decision
against which the appeal is made.
(6) Where an officer appeals under sub-section (1) against a direction or
decision on the ground that the action to be taken in accordance with that
direction or decision is excessively severe, evidence may be given on the
hearing of the appeal-
(a) if the officer was, under section 62, suspended without salary prior to
the giving of that direction or the making of that decision-of any loss of
earnings arising from that suspension;
(b) if the officer is to be transferred to another position-of the expenses
that will be incurred by the officer in connexion with that transfer; and
(c) of matters relating to the previous employment history and general
character of the appellant.
(7) A Disciplinary Appeal Board shall hear each appeal duly submitted to it
under sub-section (2) and may-
(a) confirm the refusal appealed against; or
(b) direct the Commission as follows:
(i) if the appeal is against the refusal of an application under
sub-section 64 (3)-that the Commission appoint the person as an officer,
without probation, to fill his original position or an equivalent position,
or, if such a position is not available, an available position as nearly as
possible equivalent to his original position; or
(ii) if the appeal is against the refusal of an applicant under
sub-section 64 (4)-that the Commission restore the officer to a salary
equivalent to his former salary or transfer him to his original position or an
equivalent position, or, if such a position is not available, to a position as
nearly as possible equivalent to his original position.
(8) A Disciplinary Appeal Board shall give reasons, in writing, for its
decision on an appeal.
(9) The Commission shall take such action as is necessary to give effect to
a decision of a Disciplinary Appeal Board.
POSTAL SERVICES ACT 1975 - SECT 66
Disciplinary Appeal Boards
SECT
66. (1) For the purposes of this Part, the Commission shall, from time to
time, arrange for the establishment of such Disciplinary Appeal Boards as are
required.
(2) A Disciplinary Appeal Board with respect to an appeal by an officer
shall be constituted by-
(a) a Chairman, who shall be a person appointed by the Minister to be the
Chairman of a Disciplinary Appeal Board;
(b) an officer nominated by the Commission; and
(c) a person nominated as provided by the regulations to represent
officers.
(3) A person shall not be appointed to be the Chairman of a Disciplinary
Appeal Board unless he is or has been a magistrate or is a barrister or
solicitor of not less than 5 years standing.
(4) A Chairman of a Disciplinary Appeal Board shall be paid such
remuneration as is determined by the Remuneration Tribunal, but, if no
determination of that remuneration by the Tribunal is in operation, he shall
be paid such remuneration as is prescribed by the regulations.
(5) A Chairman of a Disciplinary Appeal Board shall be paid such allowances
as are prescribed by the regulations.
(6) Sub-sections (4) and (5) have effect subject to the Remuneration
Tribunals Act 1973-1974.
(7) Subject to sub-sections (4) and (5), the Chairman of a Disciplinary
Appeal Board holds office for such period, and upon such terms and conditions,
as the Minister determines.
(8) The officer referred to in paragraph (2) (b) and the person referred to
in paragraph (2) (c) shall be nominated for the purposes of a particular
appeal only, and an officer concerned in the laying of a charge against the
appellant or in the inquiry related to the charge shall not be nominated for
the purpose of an appeal relating to the charge.
(9) A Disciplinary Appeal Board may, when only 2 of the 3 members are
present, with the consent of the appellant and of the Commission, exercise all
the powers of a Disciplinary Appeal Board in respect of an appeal.
(10) Where, at a meeting of a Disciplinary Appeal Board, the members are
divided in opinion on a question, that question shall be decided according to
a decision of the majority but, if 2 members only are present and those
members are equally divided on a question, the appeal shall be deemed to be
adjourned for the purpose of being reheard by a Disciplinary Appeal Board.
POSTAL SERVICES ACT 1975 - SECT 67
Review of findings
SECT
67. (1) Where-
(a) an officer authorized for the purpose of sub-section 61 (5) or a
Disciplinary Appeal Board has found that a charge against a person under
sub-section 61 (3) has been established; and
(b) in respect of the charge-
(i) a sum was deducted from the salary of the person;
(ii) the salary of the person was reduced;
(iii) the person was transferred to another position; or
(iv) the person was dismissed from the Service,
the person may, at any time, request the Commission, in writing, to review the
finding, or the action taken in respect of the charge, on the ground that
evidence that was not given, and could not reasonably be expected to be given,
on behalf of the person in the course of the investigation of the charge is
now available and that the evidence might, if it had been given, have resulted
in the charge being found not to have been established, or in less severe
action being taken in respect of the charge, as the case may be.
(2) A request under sub-section (1) shall set out particulars of the
evidence that has become available.
(3) Where the Commission is satisfied that the ground of the request is
established, the Commission shall review the finding or the action taken in
respect of the charge, as the case may be.
(4) Where the Commission has reviewed a finding, the Commission shall-
(a) if it is satisfied, in the light of the evidence given when the charge
was being investigated and the evidence before the Commission in connexion
with the review, that the person failed to fulful his duty as an
officer-confirm the finding; or
(b) in any other case-quash the finding and take such action by way of
recompensing the person as is, in the opinion of the Commission, reasonable
and practicable in all the circumstances.
(5) Where the Commission has reviewed the action taken in respect of a
charge, the Commission shall-
(a) if it is satisfied, in the light of the evidence given when the charge
was investigated and the evidence before the Commission in connexion with the
review, that the action so taken was not too severe-confirm the action; or
(b) in any other case-take such action to mitigate the severity of the
action taken in respect of the charge as is, in the opinion of the Commission,
reasonable and practicable in all the circumstances.
(6) Without limiting the power of the Commission under sub-section (4) or
(5), the Commission may, if it considers it appropriate to do so, re-appoint
the person as an officer and appoint him to, or transfer the person to, his
original position or an equivalent position or, if such a position is not
available, to an available position as nearly as possible equivalent to his
original position.
(7) In this section-
(a) a reference to the investigation of a charge is a reference-
(i) if the person charged appealed to a Disciplinary Appeal Board-to
the
investigation of the charge by the Disciplinary Appeal Board; or
(ii) in any other case-to the investigation of the charge by the
officer
authorized under sub-section 61 (5) to investigate the charge; and
(b) a reference to the giving of evidence includes a reference to the
submission or production of statements or other material.
POSTAL SERVICES ACT 1975 - DIVISION 7
Division 7-Forfeiture of Office
POSTAL SERVICES ACT 1975 - SECT 68
Forfeiture of office
SECT
68. (1) Where an officer is absent from duty without permission, and has
been so absent for a continuous period of not less than 4 weeks, the
Commission may send to him by pre-paid registered post addressed to him at the
address of the officer last known to the Commission a notice informing him
that unless within a period of 2 weeks from and including the date on which
the notice was sent-
(a) he returns to duty; or
(b) he explains his absence and seeks the permission of the Commission for
any further period of absence that may be necessary having regard to that
explanation,
he will be deemed to have resigned upon the expiration of that period of 2
weeks.
(2) Where an officer to whom a notice under sub-section (1) has been sent
does not, within a period of 2 weeks from and including the date on which the
notice was so sent-
(a) return to duty; or
(b) explain his absence and seek the permission of the Commission for a
further period of absence,
and the notice has not been revoked under sub-section (11), he shall be deemed
to have resigned on the day following the expiration of that period of 2
weeks.
(3) Where a notice has been sent to an officer under sub-section (1) and,
within the period of 2 weeks after that notice was so sent, the officer
explains his absence and seeks the permission of the Commission for a further
period of absence, the Commission shall, as soon as practicable, consider the
matter and may, by notice in writing sent to him by pre-paid registered post
addressed to him at his address last known to the Commission, inform him-
(a) that he has been granted leave of absence for such period and on such
conditions as are specified in the notice; or
(b) that he is required to return to duty and that, unless he returns to
duty within a period of 2 weeks from and including the date on which the
notice is sent he will be deemed to have resigned upon the expiration of the
last-mentioned period.
(4) Where an officer who is required by a notice sent to him under
sub-section (3) to return to duty does not return to duty within the period
referred to in the notice and the notice is not revoked under sub-section
(11), he shall be deemed to have resigned on the day following the expiration
of that period.
(5) A person who is deemed to have resigned his office in accordance with
sub-section (2) or (4) may apply, in writing, to the Commission for
re-appointment.
(6) Where the Commission is satisfied that a person making application under
sub-section (5) had reasonable grounds for being absent, it may appoint the
person as an officer, without probation, to fill his original position or an
equivalent position, or, if such a position is not available, an available
position as nearly as possible equivalent to his orignal position.
(7) Where the Commission refuses an application under sub-section (5), it
shall notify the applicant, in writing, accordingly and furnish to him the
reasons for its refusal.
(8) Where the Commission has refused an application under sub-section (5)
the applicant may appeal against the refusal to a Disciplinary Appeal Board
established under section 66.
(9) A Disciplinary Appeal Board shall hear each appeal submitted to it under
sub-section (8) and may-
(a) confirm the refusal appealed against; or
(b) direct the Commission as follows, that is to say that it appoint the
person as an officer, without probation, to fill his original position or an
equivalent position, or, if such a position is not available, an available
position as nearly as possible equivalent to the original position.
(10) The provisions of sub-sections 65 (3), (4), (8) and (9) apply to
appeals made under this section in like manner as they apply to appeals
against refusals by the Commission of applications under sub-section 64 (3).
(11) The Commission may, at any time before an officer is to be deemed to
have resigned under this section, by notice in writing sent to the officer by
pre-paid registered post addressed to him at his address last known to the
Commission, revoke a notice previously sent to the officer under this section
and the notice is then void and of no effect.
POSTAL SERVICES ACT 1975 - DIVISION 8
Division 8-Powers and Functions of the Commonwealth Conciliation and
Arbitration
Commission in respect of the Service
POSTAL SERVICES ACT 1975 - SECT 69
Interpretation
SECT
69. (1) In this Division, unless the contrary intention appears-
"Conciliation and Arbitration Commission" means the Conciliation and
Arbitration Commission established by the Conciliation and Arbitration Act
1904; "industrial dispute in respect of the Service" means a dispute
(including a threatened, impending or probable dispute) as to an industrial
matter in respect of the Service, and includes-
(a) a part of an industrial dispute in respect of the Service;
(b) an industrial dispute in respect of the Service so far as it
relates
to a matter in dispute; or
(c) a question arising in relation to an industrial dispute in respect
of
the Service;
"industrial matter in respect of the Service" means any matter in relation
to the salaries, wages, rates of pay or other terms or conditions of service
or employment of officers or employees, and includes questions arising in
relation to such a matter;
"industrial question in respect of the Service" means-
(a) an industrial dispute in respect of the Service; and
(b) an industrial matter in respect of the Service;
"prescribed" means prescribed by regulations made under this Act.
(2) Subject to sub-section (1), expressions used in this Division that are
defined by section 4 of the Conciliation and Arbitration Act 1904 have in this
Division the same respective meanings as they have in that Act.
(3) Officers and employees shall be deemed to be employees in an industry
within the meaning of the Conciliation and Arbitration Act 1904.
POSTAL SERVICES ACT 1975 - SECT 70
Settlement of industrial disputes and determination of industrial matters in
respect of the Service
SECT
70. (1) The Conciliation and Arbitration Commission is empowered-
(a) to prevent or settle, by conciliation or arbitration, industrial
disputes in respect of the Service; and
(b) to hear and determine industrial matters in respect of the Service
submitted to it.
(2) In relation to an industrial question in respect of the Service, the
Conciliation and Arbitration Commission may, where it thinks it proper to do
so, make an award that, in the opinion of the Conciliation and Arbitration
Commission, is not, or may not be, in accord with this Part or with any other
law of the Commonwealth relating to salaries, wages, rates of pay or terms and
conditions of service or employment of officers and employees, not being-
(a) the Compensation (Commonwealth Government Employees) Act 1971, the Long
Service Leave (Commonwealth Employees) Act 1976, the Superannuation Act 1922
or the Superannuation Act 1976; or
(b) any other prescribed Act or the prescribed provisions of any other Act.
POSTAL SERVICES ACT 1975 - SECT 71
Application of provisions of Conciliation and Arbitration Act
SECT
71. (1) Subject to this Division, Division 1 of Part III of the Conciliation
and Arbitration Act 1904 extends to and in relation to the powers and
functions of the Conciliation and Arbitration Commission under this Division,
to and in relation to proceedings under this Division and to and in relation
to awards made under this Division.
(2) In the application of Division 1 of Part III of the Conciliation and
Arbitration Act 1904 in accordance with sub-section (1)-
(a) references to industrial disputes shall be read as references to
industrial questions in respect of the Service;
(b) references to the parties to an industrial dispute shall be read, in
relation to the powers of the Commission under paragraph 70 (1) (b) of this
Act, as references to employees to whose employment the industrial disputes or
industrial matters relate, the Australian Postal Commission and organizations
of which any such employees are members; and
(c) references to arbitration shall be read as including references to the
hearing and determination of industrial matters in respect of the Service.
POSTAL SERVICES ACT 1975 - SECT 72
Awards deemed to be made under Conciliation and Arbitration Act
SECT
72. An award made under this Division shall, for the purposes of the
Conciliation and Arbitration Act 1904, be deemed to have been made under that
Act.
POSTAL SERVICES ACT 1975 - PART VI
PART VI-FINANCE
POSTAL SERVICES ACT 1975 - SECT 74
Capital
SECT
74. (1) The Minister for Finance shall determine-
(a) the amount that should, in his opinion, be taken to be the value of the
rights, property and assets vested in the Commission in accordance with
paragraph 29 (1) (a) of the Transitional Provisions Act having regard to the
values of the assets of the Commonwealth by reference to which the amounts
shown in the Balance Sheet, as at the date immediately preceding the
commencing date, of the Australian Post Office Services as the values of the
assets referred to in that Balance Sheet were ascertained; and
(b) the amount that should, in his opinion, be taken to be the sum of the
amounts of the liabilities that became the responsibility of the Commission in
accordance with paragraph 29 (1) (c) of the Transitional Provisions Act having
regard to the amounts of the liabilities of the Commonwealth by reference to
which the amounts shown in the Balance Sheet, as at the date immediately
preceding the commencing date, of the Australian Post Office Services as
"current liabilities" and "provision for long service leave" were ascertained.
(2) Amounts aggregating the amount by which the amount determined under
paragraph (1) (a) exceeds the amount determined under paragraph (1) (b) are
payable by the Commission to the Commonwealth at such times, and by such
instalments, as the Minister for Finance, from time to time, determines.
(3) The Commission is liable to pay to the Commonwealth, at such times, and
by such instalments, as the Minister for Finance from time to time determines,
interest upon the amount by which the amount determined under paragraph (1)
(a) exceeds the amount determined under paragraph (1) (b), less the sum of any
amounts paid by the Commission under sub-section (2), at such rates as the
Minister for Finance from time to time determines.
(4) The Minister for Finance may, under sub-section (3), determine different
rates of interest in respect of different parts of the amount in respect of
which interest is payable under that sub-section.
(5) Before making a determination under this section, the Minister for
Finance shall afford the Commission an opportunity to furnish advice
concerning the proposed determination and shall have regard to any advice
furnished to the Minister for Finance by the Commission with respect to the
proposed determination.
POSTAL SERVICES ACT 1975 - SECT 75
Borrowing from Commonwealth
SECT
75. The Minister for Finance may, on behalf of the Commonwealth, out of
money appropriated by the Parliament for the purpose, lend money to the
Commission on such terms and conditions as the Minister for Finance, in
writing, determines.
POSTAL SERVICES ACT 1975 - SECT 75A
Borrowings otherwise than from Commonwealth
SECT
75A. (1) The Commission may, with the approval of the Treasurer-
(a) borrow money otherwise than from the Commonwealth; or
(b) raise money otherwise than by borrowing,
on terms and conditions that are specified in, or consistent with, the
approval.
(2) Without limiting the generality of sub-section (1), the Commission may,
under that sub-section, borrow money, or raise money otherwise than by
borrowing, by dealing with securities.
(3) A borrowing of money, or a raising of money otherwise than by borrowing,
under sub-section (1) may be made, in whole or in part, in a currency other
than Australian currency.
(4) An approval may be given under sub-section (1) in relation to a
particular transaction or in relation to transactions included in a class of
transactions.
(5) An approval under sub-section (1) shall be given in writing.
(6) In this section, "securities" includes stocks, debentures, debenture
stocks, notes, bonds, promissory notes, bills of exchange and similar
instruments or documents.
(7) A reference in this section to dealing with securities includes a
reference to-
(a) creating, executing, entering into, drawing, making, accepting,
endorsing, issuing, discounting, selling, purchasing or re-selling
securities;
(b) creating, selling, purchasing or re-selling rights or options in
respect of securities; and
(c) entering into agreements or other arrangements relating to securities.
(8) For the purposes of this section-
(a) the issue by the Commission of an instrument acknowledging a debt in
consideration of-
(i) the payment or deposit of money; or
(ii) the provision of credit,
otherwise than in relation to a transaction that is in the ordinary
course
of the day-to-day operations of the Commission shall be deemed to be a raising
by the Commission, otherwise than by borrowing, of an amount of money equal to
the amount of the money paid or deposited or the value of the credit provided,
as the case may be; and
(b) the obtaining of credit by the Commission otherwise than in relation to
a transaction that is in the ordinary course of the day-to-day operations of
the Commission shall be deemed to be a raising by the Commission, otherwise
than by borrowing, of an amount of money equal to the value of the credit so
obtained.
POSTAL SERVICES ACT 1975 - SECT 75B
Guarantee of borrowings by Commission
SECT
75B. (1) The Treasurer may, on behalf of the Commonwealth, enter into a
contract-
(a) guaranteeing the repayment by the Commission of money borrowed under
paragraph 75A (1) (a) and the payment by the Commission of interest (including
any interest on that interest) on money so borrowed; or
(b) guaranteeing the payment by the Commission of such amounts (which may
be interest) that the Commission is liable to pay with respect to money raised
under paragraph 75A (1) (b) as are specified in the contract.
(2) The Treasurer may, in writing, determine-
(a) that the repayment by the Commission of money borrowed under paragraph
75A (1) (a), and the payment by the Commission of interest (including any
interest on that interest) on money so borrowed, are guaranteed by the
Commonwealth; or
(b) that the payment by the Commission of such money (which may be
interest) that the Commission is liable to pay with respect to money raised
under paragraph 75A (1) (b) as is specified in the determination is guaranteed
by the Commonwealth,
and, where the Treasurer makes such a determination, the repayment of that
money and the payment of that interest are, or the payment of that money is,
by force of this sub-section, guaranteed by the Commonwealth.
(3) A contract may be entered into under sub-section (1), and a
determination may be made under sub-section (2), in relation to a particular
transaction or in relation to transactions included in a class of
transactions.
(4) A contract entered into under sub-section (1) may include either or both
of the following provisions:
(a) a provision agreeing, on behalf of the Commonwealth, that proceedings
under the contract may be taken in the courts, or a specified court, of a
country other than Australia;
(b) a provision waiving, on behalf of the Commonwealth, the immunity of the
Commonwealth from suit in the courts, or a specified court, of a country other
than Australia in relation to any proceedings that may be taken under the
contract.
(5) Where a borrowing under paragraph 75A (1) (a) is by the issue of
prescribed securities, the repayment by the Commission of the money so
borrowed and the payment of interest on that money are, by force of this
sub-section, guaranteed by the Commonwealth.
POSTAL SERVICES ACT 1975 - SECT 75C
Commission may give security
SECT
75C. The Commission may give security over the whole or any part of its land
or other assets for-
(a) the repayment by the Commission of money borrowed by the Commission
under section 75 or paragraph 75A (1) (a) and the payment by the Commission of
interest (including any interest on that interest) on money so borrowed;
(b) the payment by the Commission of amounts (including any interest) that
the Commission is liable to pay with respect to money raised by the Commission
under paragraph 75A (1) (b); or
(c) the payment to the Commonwealth of amounts equal to any amounts that
the Commonwealth may become liable to pay under a contract entered into under
sub-section 75B (1) or a determination made under sub-section 75B (2).
POSTAL SERVICES ACT 1975 - SECT 75D
Borrowings not otherwise permitted
SECT
75D. The Commission shall not borrow money, or raise money otherwise than by
borrowing, except in accordance with sections 75 and 75A.
POSTAL SERVICES ACT 1975 - SECT 75E
Delegation by Treasurer
SECT
75E. (1) The Treasurer may, either generally or as otherwise provided by the
instrument of delegation, by writing signed by the Treasurer, delegate to a
person holding or performing the duties of an office in the Department of the
Treasury all or any of the powers of the Treasurer under sections 75A and 75B.
(2) A power so delegated, when exercised by the delegate, shall, for the
purposes of this Part, be deemed to have been exercised by the Treasurer.
(3) A delegate is, in the exercise of a power so delegated, subject to the
directions of the Treasurer.
(4) A delegation under sub-section (1) does not prevent the exercise of a
power by the Treasurer.
POSTAL SERVICES ACT 1975 - SECT 76
Financial policy of the Commission
SECT
76. (1) In the performance of its functions, the Commission shall, in each
financial year, pursue, as far as practicable, a policy directed towards
having secured in respect of that year revenue sufficient-
(a) to meet all expenditure, and provision for expenditure, of the
Commission properly chargeable to revenue; and
(b) to provide, for expenditure by the Commission by way of capital
expenditure, a sum equal to such proportion, not being less than one-half, as
the Commission deems fit, of the amount estimated to be the amount ascertained
in accordance with the formula A+B-C+D-E-F+G, where-
A is the amount of the expenditure, and provision for expenditure, of
the
Commission, in respect of the financial year, on fixed assets, excluding any
provision for depreciation and long service leave;
B is the amount shown in the Balance Sheet of the Commission in respect
of the financial year as the value of "stores" at the end of the year;
C is the amount shown in that Balance Sheet as the value of "stores" at
the end of the last preceding year;
D is the amount shown in that Balance Sheet as the sum of the values of
all the "current assets" of the Commission at the end of the year;
E is the amount shown in that Balance Sheet as the sum of the values of
all the "current assets" of the Commission at the end of the last preceding
year;
F is the amount shown in that Balance Sheet as the sum of the amounts
of
all the "current liabilities" of the Commission at the end of the year; and
G is the amount shown in that Balance Sheet as the sum of the amounts
of
all the "current liabilities" of the Commission at the end of the last
preceding year.
(2) The Commission shall, in the performance of its functions, operate as
efficiently as possible and make available services provided by the Commission
in the performance of those functions at rates and charges that are as low as
practicable, consistently with its duty under sub-section (1).
(3) For the purposes of this section, the provision for expenditure properly
chargeable to the revenue of a financial year includes-
(a) provision made in respect of that year for depreciation; and
(b) provision made in respect of that year for future or contingent
liabilities, including-
(i) provision, as determined by the Minister for Finance, in respect
of
superannuation payments payable, or likely to become payable, in respect of
officers and employees; and
(ii) provision for furlough or long service leave.
POSTAL SERVICES ACT 1975 - SECT 77
Bank accounts
SECT
77. (1) The Commission may open and maintain an account or accounts with an
approved bank or approved banks and shall maintain at all times at least one
such account.
(2) The Commission shall pay all moneys received by it into an account
referred to in this section.
POSTAL SERVICES ACT 1975 - SECT 78
Application of moneys
SECT
78. (1) Subject to this Act, the moneys of the Commission may be applied by
the Commission-
(a) in payment or discharge of the costs, expenses and other obligations of
the Commission;
(b) in payment of remuneration and allowances payable to any person
appointed or employed under this Act; and
(c) in making payments to the Commonwealth as provided by this Act, but not
otherwise.
(2) Moneys of the Commission not immediately required for the purposes of
the Commission may be invested-
(a) on fixed deposit with an approved bank;
(b) in securities of the Commonwealth; or
(c) in any other manner approved by the Treasurer.
POSTAL SERVICES ACT 1975 - SECT 79
Surplus revenue
SECT
79. (1) For the purposes of this Act, the surplus of the Commission in a
financial year is the amount (if any) of revenue remaining-
(a) after meeting the expenditure and the provision for expenditure
properly chargeable to that revenue; and
(b) after providing for expenditure by the Commission, by way of capital
expenditure, an amount equal to one-half of the amount ascertained in
accordance with the formula specified in paragraph 76 (1) (b).
(2) The surplus of the Commission for a financial year shall be applied in
such manner as the Minister determines.
(3) In making a determination under sub-section (2), regard shall be had to
any advice that the Commission has furnished to the Minister in relation to
the financial affairs of the Commission.
(4) For the purposes of this section, the provision for expenditure properly
chargeable to the revenue received or receivable in respect of a financial
year has the same meaning as in section 76.
POSTAL SERVICES ACT 1975 - SECT 80
Proper accounts to be kept
SECT
80. The Commission shall cause to be kept proper accounts and records of the
transactions and affairs of the Commission in accordance with accounting
principles generally applied in commercial practice and shall do all things
necessary to ensure that all payments out of its moneys are correctly made and
properly authorized and that adequate control is maintained over the assets
of, or in the custody of, the Commission and over the incurring of liabilities
by the Commission.
POSTAL SERVICES ACT 1975 - SECT 81
Estimates
SECT
81. The Commission shall prepare estimates, in such form as the Minister
directs, of its receipts and expenditure for each financial year and, if so
directed by the Minister, for any other period, and shall submit those
estimates to the Minister not later than such date as the Minister directs.
POSTAL SERVICES ACT 1975 - SECT 82
Contracts
SECT
82. The Commission shall not, except with the approval of the Minister,
enter into a contract involving the payment or receipt by the Commission of an
amount exceeding $500,000 or, if a higher amount is prescribed by the
regulations, that higher amount.
POSTAL SERVICES ACT 1975 - SECT 82A
Hedging contracts etc.
SECT
82A. (1) Subject to subsection (3), the Commission may enter into or deal
with contracts, and make other arrangements, in respect of financial futures
or foreign currency (including foreign currency futures) for the purpose of
reducing or eliminating risks of adverse financial consequences to the
Commission in relation to:
(a) any contract (including a contract that may be entered into under this
section), or proposed contract, involving the payment or receipt by the
Commission of money; or
(b) a borrowing or raising of money by the Commission or a proposed
borrowing or raising of money by the Commission (including a borrowing or
raising of money by the Commission by dealing with securities);
being risks that may arise from variations in the rate of currency exchange or
rate of interest applicable to the contract or proposed contract, or to the
borrowing or raising of money or proposed borrowing or raising of money, as
the case may be, referred to in paragraph (a) or (b).
(2) The Minister may, by determination in writing:
(a) set guidelines for the purpose of the exercise by the Commission of its
powers under subsection (1); and
(b) revoke or vary guidelines set for that purpose or set new guidelines
for that purpose;
and shall give to the Commission a copy of each determination made under this
subsection.
(3) The Commission shall not enter into a contract, dealing or other
arrangement under subsection (1) otherwise than in accordance with the
guidelines having effect from time to time under subsection (2).
(4) A contract, dealing or other arrangement under subsection (1) does not
require the approval of the Minister under section 82.
(5) In this section:
"proposed borrowing or raising of money" means a proposed borrowing or
raising of money that has been approved by the Treasurer under section 75A;
"proposed contract" means:
(a) a proposed contract that has been approved by the Minister under
section 82; or
(b) a proposed contract (including a contract that may be entered into
under this section) that does not require the approval of the Minister under
section 82.
POSTAL SERVICES ACT 1975 - SECT 83
Exemption from taxation
SECT
83. (1) The Commission is not subject to taxation under any law of the
Commonwealth or of a State or Territory.
(2) Stamp duty or any similar tax is not payable under a law of the
Commonwealth or of a State or Territory in respect of-
(a) a security issued by the Commission;
(b) the issue, redemption, transfer, sale or purchase of such a security,
not including a transaction entered into without consideration or for an
inadequate consideration; or
(c) any document executed by or on behalf of the Commission, or any
transaction, in relation to the borrowing of moneys by the Commission.
POSTAL SERVICES ACT 1975 - SECT 84
Audit
SECT
84. (1) The Auditor-General shall inspect and audit the accounts and records
of financial transactions of the Commission and records relating to assets of,
or in the custody of, the Commission and shall forthwith draw the attention of
the Minister to any irregularity disclosed by the inspection and the audit
that is, in the opinion of the Auditor-General, of sufficient importance to
justify his doing so.
(2) The Auditor-General may, in his discretion, dispense with all or any
part of the detailed inspection and audit of any accounts or records referred
to in sub-section (1).
(3) The Auditor-General shall, at least once in each financial year, report
to the Minister the results of the inspection and audit carried out under
sub-section (1).
(4) The Auditor-General or a person authorized by him is entitled at all
reasonable times to full and free access to all accounts, records, documents
and papers of the Commission relating directly or indirectly to the receipt or
payment of moneys by the Commission or to the acquisition, receipt, custody or
disposal of assets by the Commission.
(5) The Auditor-General or a person authorized by him may make copies of, or
take extracts from, any such accounts, records, documents or papers.
(6) The Auditor-General or a person authorized by him may require any person
to furnish him with such information in the possession of the person or to
which the person has access as the Auditor-General or authorized person
considers necessary for the purposes of the functions of the Auditor-General
under this Act, and the person shall comply with the requirement.
(7) A person who contravenes sub-section (6) is guilty of an offence
punishable, upon conviction, by a fine not exceeding $200.
POSTAL SERVICES ACT 1975 - PART VII
PART VII-OFFENCES
POSTAL SERVICES ACT 1975 - SECT 85
Letters not to be carried for reward
SECT
85. (1) A person shall not-
(a) carry or convey a letter for reward; or
(b) cause a letter to be carried or conveyed for reward otherwise than by
the Commission.
Penalty: $1,000.
(2) Sub-section (1) does not apply to-
(a) the carriage or conveyance of a letter-
(i) that exceeds 500 grams in weight; or
(ii) that is concerned only with goods and is carried or conveyed with,
and delivered with, those goods;
(aa) the carriage or conveyance of a letter within Australia where the
consideration payable for that carriage or conveyance is an amount that is not
less than 10 times the highest postage applicable, at the time of that
carriage or conveyance, under paragraph 18 (1) (a) for the transmission of a
letter within Australia by post;
(ab) the carriage or conveyance of a letter from Australia to another
country where the consideration payable for that carriage or conveyance is an
amount that is not less than 10 times the highest postage applicable, at the
time of that carriage or conveyance, under section 18 for the carriage or
conveyance by air mail service of a letter of 20 grams in weight from
Australia to that other country;
(b) the carriage or conveyance of a letter that relates only to the affairs
of a person and is carried or conveyed by an employee of the person;
(c) the carriage or conveyance of a letter from the place of business or
residence of a person for posting at the nearest office of the Commission;
(d) the carriage or conveyance of a letter from an office of the Commission
to the place of business or residence of the person to whom the letter is
addressed; or
(e) the carriage or conveyance of a letter for the Commission by an officer
or employee of the Commission, a contractor to the Commission or an officer or
employee of such a contractor.
POSTAL SERVICES ACT 1975 - SECT 86
Forgery of stamps, &c.
SECT
86. (1) An envelope, letter-card, aerogramme or other article on which the
Commission has caused to be impressed or printed a representation of, or a
design resembling, a postage stamp indicating an amount of postage is a postal
article referred to in this sub-section.
(2) A person shall not forge a postage stamp of a kind issued by the
Commission or a postal article referred to in sub-section (1).
(3) A person shall not, without lawful authority or excuse, use, have in his
possession or dispose of any paper or article that has affixed to it, or
printed on it, a mark resembling, or apparently intended to resemble or pass
for, a postage stamp issued by the Commission, knowing that it is not a
postage stamp so issued.
(4) A person shall not, without lawful authority or excuse, use, have in his
possession or dispose of any article resembling, or apparently intended to
resemble or pass for, a postal article referred to in sub-section (1), knowing
that it is not such a postal article.
(5) A person shall not, without lawful authority, make, or have in his
possession, any die, plate or instrument capable of making an impression in
the form of, or in a form resembling, or apparently intended to resemble or
pass for, a postage stamp of a kind issued by the Commission or a design of a
kind impressed or printed on postal articles referred to in sub-section (1).
(6) A person shall not utter, knowing it to be forged, a postage stamp or a
postal article referred to in sub-section (1).
(7) A person shall be deemed to utter a forged postage stamp or a forged
postal article of the kind referred to in sub-section (1) if he tenders or
puts it off, or attempts to tender or put if off, or uses or deals with it, or
attempts to use or deal with it, or attempts to induce any person to use, deal
with, act upon or accept it.
Penalty: Imprisonment for 10 years.
POSTAL SERVICES ACT 1975 - SECT 87
Special paper for postage stamps
SECT
87. A person shall not, without lawful authority or excuse-
(a) knowingly make, use, have in his possession, sell or dispose of paper-
(i) provided for, or used by, the Commission for the purpose of
printing
postage stamps; or
(ii) resembling, or apparently intended to resemble or pass for, paper
provided for, or used by, the Commission for that purpose;
(b) knowingly make, use, have in his possession, sell or dispose of paper-
(i) provided for, or used by, a person other than the Commission for
the
purpose of printing postage stamps for the Commission; or
(ii) resembling, or apparently intended to resemble or pass for, paper
provided for, or used by, a person other than the Commission for that purpose;
or
(c) knowingly make, use, have in his possession, sell or dipose of any
instrument or thing for making a mark resembling, or apparently intended to
resemble or pass for, any distinctive mark used on any paper especially
provided for the purpose of the printing of postage stamps by or on behalf of
the Commission.
Penalty: Imprisonment for 4 years.
POSTAL SERVICES ACT 1975 - SECT 88
Fraudulently removing stamps
SECT
88. (1) A person shall not, with intent to defraud-
(a) remove from a postal article any postage stamp affixed to the article;
(b) remove from a postage stamp that has previously been used any postmark
made on the stamp; or
(c) use for postal purposes a postage stamp that has previously been used
for postal purposes or has been obliterated or defaced.
Penalty: Imprisonment for 1 year.
(2) In any proceedings for an offence against paragraph (1) (c), proof that
the person charged with the offence caused the postal article to be posted, or
committed for transmission by courier service or by electronic mail service,
is prima facie evidence that he used the stamp affixed to the postal article
for postal purposes.
(3) In this section, "postal purposes" includes the purposes of sending a
postal article by the courier service and sending a postal article by an
electronic mail service.
POSTAL SERVICES ACT 1975 - SECT 89
Retaining or secreting postal articles
SECT
89. (1) Where-
(a) a person finds a postal article which appears to be in the course of
the post or to have been lost in the course of the post or of delivery to the
post; or
(b) a postal article is wrongly delivered to a person by or on behalf of
the Commission,
the person shall not wilfully retain, secrete, keep or detain the article.
Penalty: Imprisonment for 2 years.
(2) In this section, "the post" includes the courier service and an
electronic mail service.
POSTAL SERVICES ACT 1975 - SECT 90
Improperly obtaining postal articles
SECT
90. A person shall not, by a false pretence or false statement, obtain
delivery of a postal article sent by post, by courier service or by electronic
mail service, being an article that is not addressed to that person.
Penalty: Imprisonment for 5 years.
POSTAL SERVICES ACT 1975 - SECT 91
Wrongful delivery of postal articles
SECT
91. An officer or employee of the Commission, a contractor to the Commission
or an officer or employee of such a contractor shall not wilfully deliver a
postal article sent by post, by courier service or by electronic mail service
to a person other than the person to whom it is addressed or his authorized
agent.
Penalty: $1,000.
POSTAL SERVICES ACT 1975 - SECT 92
Stealing postal articles
SECT
92. (1) A person shall not-
(a) with intent to defraud, take from possession of an officer or employee
of the Commission, a contractor to the Commission or an officer or employee of
such a contractor;
(b) with intent to defraud, take from any place appointed by the Commission
for the receipt or delivery of postal articles; or
(c) steal, fraudulently misappropriate, convert to his own use, secrete or
destroy,
any mail, any postal article in the course of the post, the courier service or
an electronic mail service or any part of such a postal article.
(2) A person shall not receive any mail, any postal article sent by post, by
courier service or by electronic mail service or any part of such an article
knowing that the mail, the article, or the part of the article, as the case
may be, had been fraudulently taken, stolen, misappropriated or secreted.
Penalty: Imprisonment for 7 years.
POSTAL SERVICES ACT 1975 - SECT 93
Tampering with the mail
SECT
93. A person shall not-
(a) open any mail or any postal article in the course of the post, the
courier service or an electronic mail service unless he is authorized to do so
by the Commission or by the addressee; or
(b) with intent to defraud, open or tamper with any mail or any postal
article in the course of the post, by courier service or by electronic mail
service and addressed to another person.
Penalty: Imprisonment for 2 years.
POSTAL SERVICES ACT 1975 - SECT 94
Obstructing conveyance of mail
SECT
94. A person shall not wilfully obstruct or hinder the conveyance or
delivery by or on behalf of the Commission of any mail or postal article.
Penalty: Imprisonment for 1 year.
POSTAL SERVICES ACT 1975 - SECT 95
Obstructing officers
SECT
95. (1) A person shall not assault or wilfully obstruct an officer or
employee in the execution of his duty.
Penalty: Imprisonment for 2 years.
(2) A person shall not, while in or upon any premises used in connexion with
the performance of its functions, behave in a disorderly manner or obstruct or
hinder the doing, by or on behalf of the Commission, of any act or thing that
the Commission is authorized by this Act to do, including the provision of any
service that the Commission is so authorized to provide.
Penalty: $200.
(3) An officer or employee who has reasonable grounds for believing that a
person is acting in contravention of sub-section (2) may require the person to
leave the premises and, if the person refuses or fails to comply with the
request, may, with such assistance as he deems necessary, remove the person
from that place.
POSTAL SERVICES ACT 1975 - SECT 96
Injury to property of Commission
SECT
96. (1) A person shall not, without the authority of the Commission,
wilfully tamper with, injure, damage or destroy a receptacle or box for the
reception of postal articles, a stamp vending machine belonging to the
Commission or any notice affixed to property of the Commission.
Penalty: Imprisonment for 2 years.
(2) A person shall not, without the authority of the Commission, wilfully
alter, interfere with or obliterate any writing or marking on a receptacle or
box for the reception of postal articles, on a stamp vending machine or on any
notice affixed to property of the Commission.
Penalty: $200.
POSTAL SERVICES ACT 1975 - SECT 97
Offensive substances in postal boxes
SECT
97. (1) A person shall not put, or cause to be put, into an office of the
Commission or a receptacle or box for the reception of postal articles, any
fire, match or light, or any filthy, offensive, or noxious material or matter.
(2) A person shall not commit any nuisance in or against any office of the
Commission or any receptacle or box for the reception of postal articles.
Penalty: $200.
POSTAL SERVICES ACT 1975 - SECT 98
Arrest without warrant
SECT
98. A person may, without warrant, arrest another person if he has
reasonable grounds to believe that that other person has committed an offence
against section 96 or sub-section 97 (1).
POSTAL SERVICES ACT 1975 - SECT 99
Delivery of mail from vessels and aircraft
SECT
99. Where mail is carried to Australia on a vessel or aircraft for delivery
in Australia, the master of the vessel, or the person in charge of the
aircraft, shall, upon demand by a person authorized by the Commission, deliver
the mail or a part of the mail to which the demand relates to that person or
in accordance with his directions.
Penalty: Imprisonment for 2 years.
POSTAL SERVICES ACT 1975 - SECT 100
Explosives
SECT
100. Except with the approval of the Commission and upon compliance with
such conditions as are determined by the Commission, a person shall not send
by post, by courier service or by electronic mail service a postal article
that encloses or contains an explosive, dangerous, or deleterious substance.
Penalty: Imprisonment for 10 years.
POSTAL SERVICES ACT 1975 - SECT 100A
Hoax explosives
SECT
100A. A person shall not send by post, by courier service or by electronic
mail service a postal article with the intention of inducing a false belief-
(a) that the article encloses or contains an explosive, dangerous or
deleterious substance; or
(b) that an explosive, dangerous, or deleterious substance is or will be
deposited in any place.
Penalty: $10,000 or imprisonment for 5 years, or both.
POSTAL SERVICES ACT 1975 - SECT 100B
Narcotic substances
SECT
100B. (1) A person shall not, without lawful authority, send by post or by
courier service a postal article that encloses or contains a prescribed
narcotic substance within the meaning of the Customs Act 1901.
Penalty: $5,000 or imprisonment for 2 years, or both.
(2) Where an act constitutes an offence against a law of a State or of the
Northern Territory, the validity of that law is not affected by reason only
that the act also constitutes an offence against sub-section (1).
POSTAL SERVICES ACT 1975 - PART VIII
PART VIII-MISCELLANEOUS
POSTAL SERVICES ACT 1975 - SECT 102
Annual report
SECT
102. (1) The Commission shall, as soon as practicable after each 30 June,
prepare and furnish to the Minister a report of its operations during the
financial year ended on that date together with a Balance Sheet and other
financial statements in respect of that year in such form as the Minister for
Finance approves.
(2) Before furnishing financial statements to the Minister, the Commission
shall submit them to the Auditor-General, who shall report to the Minister-
(a) whether the statements are based on proper accounts and records;
(b) whether the statements are in agreement with the accounts and records
and show fairly the financial transactions and the state of the affairs of the
Commission;
(c) whether the receipt, expenditure and investment of moneys, and the
acquisition and disposal of assets, by the Commission during the year have
been in accordance with this Act; and
(d) as to such other matters arising out of the statements as the
Auditor-General considers should be reported to the Minister.
(3) The Minister shall cause the report and the financial statements
together with the report of the Auditor-General to be laid before each House
of the Parliament within 15 sitting days of that House after its receipt by
the Minister.
(4) The first report and financial statements to be prepared by the
Commission under this section shall relate to the period commencing on the
commencing date and ending on 30 June 1976.
POSTAL SERVICES ACT 1975 - SECT 103
Further reports
SECT
103. (1) The Commission shall, upon request by the Minister, furnish to the
Minister such reports, documents and information concerning its operations as
the Minister specifies.
(2) The Commission shall, at all times, keep the Minister informed
concerning the operations of the Commission.
POSTAL SERVICES ACT 1975 - SECT 104
Protection from actions
SECT
104. (1) Proceedings do not lie against the Commission, an officer or
employee of the Commission, a person acting for or on behalf of the Commission
under a contract with the Commission or an employee of such a person in
respect of any loss or damage suffered by a person by reason of any default,
delay, error, omission or loss in the receipt, transmission or delivery of
postal articles or of money.
(2) Where money transmitted by post, by courier service or by electronic
mail service is paid to the person applying for payment of the money, the
Commission is not liable to any person in respect of the payment of those
moneys unless the officer or employee making payment of the moneys is guilty
of fraud or wilful misbehaviour in connexion with the payment of the moneys.
(3) A reference in this section to the receipt, transmission or delivery of
postal articles includes a reference to any dealing with postal articles in a
manner provided for by the regulations or the By-laws.
POSTAL SERVICES ACT 1975 - SECT 104A
Protection of persons in respect of work reports on officers or employees
SECT
104A. (1) An action or proceeding, civil or criminal, does not lie against a
person for or in respect of any oral or written report made in good faith for
the purposes of this Act by the person on or in connection with work
performed, or proposed to be performed, by an officer or employee.
(2) A report shall be deemed to have been made in good faith if the person
by whom the report was made was not actuated by ill will to the officer or
employee affected or by any other improper motive.
(3) Sub-section (1) does not apply in relation to a report unless-
(a) the person who made the report believed on reasonable grounds that it
was the function or duty of the person to whom the report was made to receive
the report; and
(b) in the case of a report containing matter that was false or misleading
in a material respect, the person who made the report did not know, and could
not with reasonable diligence have ascertained, that the report contained
matter that was so false or misleading.
POSTAL SERVICES ACT 1975 - SECT 105
Offences-how dealt with
SECT
105. (1) An offence against this Act, other than an offence that may, apart
from this section, be dealt with summarily, may be prosecuted summarily or
upon indictment or, where the law of the State or Territory in which the
proceedings are brought makes provision for an offender who pleads guilty to a
charge to be dealt with by the court otherwise than on indictment, the court
may deal with the offender in accordance with that law.
(2) Nothing in sub-section (1) renders the offender liable to be punished
more than once for an offence.
(3) Where proceedings for an offence against this Act are brought in a court
of summary jurisdiction, the court may commit the defendant for trial or to be
otherwise dealt with in accordance with law or with the consent of the
defendant and of the prosecutor may, if the court is satisfied that it is
proper to do so, determine the proceedings summarily, but the court shall not
impose a penalty exceeding a fine of $1,000 or imprisonment for a period
exceeding 6 months in respect of the offence.
(4) In this section a reference to an offence against this Act includes a
reference to an offence against the regulations or the By-laws.
POSTAL SERVICES ACT 1975 - SECT 105A
Reward for information as to theft of property, &c.
SECT
105A. Where the Commission learns, as a result of information furnished to
the Commission by a person, the identity of a person who has stolen property
belonging to, or under the control of, the Commission, or has broken into
premises of the Commission, the Commission may pay to that first-mentioned
person, 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 SERVICES ACT 1975 - SECT 106
Reward for information as to damage to property
SECT
106. Where the Commission learns, as a result of information furnished to
the Commission by a person, the identity of a person who has wilfully
destroyed, damaged, defaced, removed or interfered with property belonging to,
or under the control of, the Commission, the Commission may pay to that
first-mentioned person, by way of reward, a sum determined by the Commission
but not exceeding $1,000 or such higher amount as may be prescribed by the
regulations.
POSTAL SERVICES ACT 1975 - SECT 107
Unclaimed moneys
SECT
107. (1) Where moneys received by the Commission for transmission to a
person have remained unclaimed for a period of 1 year after the moneys become
payable to that person, the moneys shall be paid by the Commission into an
account kept by the Commission to be called the Unclaimed Moneys Fund.
(2) Notwithstanding the payment of moneys into the Unclaimed Moneys Fund,
the Commission shall, upon being satisfied while the moneys are in that Fund
that a person is entitled to the payment of the moneys or a part of the
moneys, pay an amount equal to the amount of those moneys or of that part to
that person out of that Fund and the receipt by him of that amount is a good
discharge to the Commission in respect of those moneys or that part of those
moneys.
(3) Where moneys have remained in the Unclaimed Moneys Fund for a period of
5 years, the moneys shall be paid out of the Unclaimed Moneys Fund into the
Consolidated Revenue Fund.
(4) Where moneys have been paid out of the Unclaimed Moneys Fund in
accordance with sub-section (3), the Commission ceases to be liable to make
any payments to any person in respect of the moneys or the matter to which the
moneys relate but, if the Minister for Finance is satisfied that special
reasons exist for doing so, the Minister for Finance may nevertheless make a
payment to a person who satisfies the Minister for Finance that he is entitled
to a payment in respect of those moneys or of such a matter.
POSTAL SERVICES ACT 1975 - SECT 108
Postal articles deemed to be property of the Commission
SECT
108. For the purpose of any legal proceedings with respect to and for the
purpose of any prosecution for an offence with respect to any mail or to a
postal article sent by post or under the control of the Commission, the mail
or postal article shall be deemed to be, while in the post or under the
control of the Commission, the property of the Commission.
POSTAL SERVICES ACT 1975 - SECT 109
Attachment of salaries
SECT
109. (1) Where judgment has been given by a court against an officer or
employee for the payment of a sum of money, the person in whose favour the
judgment is given may serve on the Commission a copy of the judgment,
certified under the hand of the registrar or other proper officer of the
court, and a statutory declaration stating that the judgment has not been
satisfied by the judgment debtor and setting out the amount due under the
judgment by the judgment debtor.
(2) Upon the service on it of a judgment and a statutory declaration in
accordance with this section, the Commission shall, as soon as practicable,
notify the judgment debtor in writing of the service of the copy of the
judgment and the statutory declaration and require him to state in writing,
within the time specified in the notice, whether the judgment has been
satisfied and, if it has been satisfied, to furnish evidence showing that it
has been satisfied or, if the judgment has not been satisfied, to state the
amount then due under the judgment.
(3) If the judgment debtor fails to satisfy the Commission, within the time
specified in the notice given under sub-section (2), that the judgment has
been satisfied, the Commission may, from time to time, subject to sub-section
(4), deduct from any moneys due to the judgment debtor such sums as appear to
the Commission to be necessary to enable the judgment to be satisfied, or may
direct the deduction therefrom of such sums, and shall pay, or direct the
payment of, those sums.
(3A) There is payable to the Commission, by a judgment creditor who causes a
copy of a judgment to be served on the Commission under this section, an
administration fee, at the prescribed rate, in respect of the making of such
deduction as is, or such deductions as are, made under this section in
relation to the judgment debt.
(3B) Where an amount is deducted in respect of a judgment debt under
sub-section (3), the Commission shall, subject to sub-section (3C), cause the
amount so deducted to be paid to the judgment creditor.
(3C) Where an amount is deducted in respect of a judgment debt under
sub-section (3) and the whole or part of the administration fee payable in
relation to the debt has not been paid, the Commission shall-
(a) apply, in or towards payment of that fee, the amount of the deduction
or so much of the amount of the deduction as is equal to the amount payable by
way of, or in respect of, that fee; and
(b) if the whole of the amount of the deduction is not applied in
accordance with paragraph (a)-pay an amount equal to the balance to the
judgement creditor.
(3D) Upon the application, in or towards payment of the administration fee
payable in relation to that judgment debt, of an amount deducted in respect of
a judgment debt under sub-section (3)-
(a) the judgment creditor shall be deemed to have paid the amount so
applied to the Commission in satisfaction, or partial satisfaction, as the
case requires, of the administration fee;
(b) an amount equal to the amount so applied shall be deemed to have been
paid by the Commission to the judgment debtor on account of moneys due to the
judgment debtor; and
(c) an amount equal to the amount so applied shall also be deemed to have
been paid by the judgment debtor to the judgment creditor in respect of the
judgment debt.
(3E) Upon payment being made, in relation to a deduction from moneys due to
a judgment debtor, of an amount to a judgment creditor under sub-section (3B)
or (3C)-
(a) an amount equal to the amount so paid shall be deemed to have been paid
by the Commission to the judgment debtor on account of moneys due to the
judgment debtor; and
(b) an amount equal to the amount so paid shall also be deemed to have been
paid by the judgment debtor to the judgment creditor in respect of the
judgment debt.
(4) The Commission shall not, at any time, make a deduction, or direct a
deduction, that would reduce the amount to be received by the judgment debtor
to less than one-third of the amount that would, but for the provisions of
this section, be payable to the judgment debtor.
(5) Where more than one judgment and statutory declaration are served on the
Commission in respect of a particular judgment debtor, the judgments shall be
satisfied in the order in which copies of the judgments are served upon the
Commission.
(8) If a payment deemed to have been made to a judgment creditor under
paragraph (3D) (c) or (3E) (b) by a judgment debtor exceeds the amount due
under the judgment, the excess is repayable by the judgment creditor to the
judgment debtor and, in default of payment, is recoverable by the judgment
debtor from the judgment creditor as a debt in a court of competent
jurisdiction.
(8A) Where an amount is deemed to have been paid by a judgment debtor to a
judgment creditor in respect of a judgment debt under paragraph (3D) (c) in
relation to a deduction made from moneys due to the judgment debtor and an
amount is also deemed to have been paid by the judgment debtor to the judgment
creditor in respect of the judgment debt under paragraph (3E) (b) in relation
to that deduction, then, for the purposes of sub-section (8), the
second-mentioned payment shall be deemed to have been made after the
first-mentioned payment.
(9) Where the Commission is satisfied that the estate of an officer or
employee has been sequestrated, either voluntarily or compulsorily, for the
benefit of his creditors, and that he has not been discharged from bankruptcy,
this section does not apply in relation to the officer or employee.
POSTAL SERVICES ACT 1975 - SECT 110
Contributions towards the provision of special services or facility
SECT
110. (1) Where a person (including the Commonwealth, a State and an
authority of the Commonwealth or a State) applies to the Commission for the
provision of postal services of a special kind or in special circumstances, or
for the provision of a special facility, the Commission may enter into an
agreement with the person with respect to the provision of the services or
facility under which the person agrees-
(a) to make a contribution towards the cost of providing the service or
facility;
(b) to render other assistance to the Commission for the purpose of
facilitating the provision of the service or facility; or
(c) to indemnify the Commission against any loss the Commission may suffer
by reason of the provision of the service or facility.
(2) An agreement referred to in sub-section (1) may provide for the person
to advance to the Commission an amount on account of the cost of providing the
service or facility upon such terms and conditions as to the repayment of the
whole or a part of the advance as are specified in the agreement.
POSTAL SERVICES ACT 1975 - SECT 111
Payment of tolls, &c.
SECT
111. (1) Where-
(a) the Commission enters, either with or without a vehicle or horse, onto
premises, being a pier, wharf, quay, landing place, bridge, ferry or part of a
road, or uses premises, being a pier, wharf, quay or landing place, in
connexion with the performance of its functions; and
(b) a toll, fee or charge would, but for this section, be payable in
respect of the entry onto the premises or the use of the premises, as the case
may be, the toll, fee or charge is not payable by the Commission or any other
person in respect of the entry onto the premises, or the use of the premises,
but the Commission is liable to pay to the owner or occupier of the premises,
in respect of all entries by the Commission onto the premises, or in respect
of all uses of the premises, during a period of 12 months, or such shorter
period as is agreed upon between the Commission and the owner or occupier,
such sum as is agreed upon by the Commission and the owner or occupier or, in
the absence of agreement, as is determined by arbitration in accordance with
the provisions of an Act of the State or an Ordinance of the Territory in
which the premises are situated relating to the settlement of commercial
disputes by arbitration.
(2) This section does not apply to a toll, fee or charge that amounts to
taxation.
(3) In this section-
(a) a reference to entry by the Commission onto premises in connexion with
the performance of its functions includes a reference to the entry onto
premises-
(i) of an officer or employee in the course of performing his duties;
and
(ii) of a person engaged on behalf of the Commission in the conveyance
of
mail or postal articles for purposes connected with the conveyance of mails or
postal articles;
(b) a reference to the use of premises by the Commission in connexion with
the performance of its functions includes a reference to the use of premises
by a person acting on behalf of the Commission in connexion with the
performance of its functions; and
(c) a reference to the owner or occupier of premises, being a part of a
road, is a reference to the person entitled to be paid a toll, fee or charge
for entry onto that part of the road.
POSTAL SERVICES ACT 1975 - SECT 112
Grants of financial assistance
SECT
112. The Commission may, upon such conditions as it thinks fit-
(a) grant financial and other assistance to any society, institution or
other body for the purpose of assisting that body to provide educational,
social, sporting or recreational facilities for officers or employees;
(b) provide scholarships, fellowships or endowments for officers and
employees and for other persons engaged in research in relation to postal
services; and
(c) provide financial assistance to societies, institutions and bodies
engaged in research in relation to postal services or in the collection and
dissemination of information with respect to any such research.
POSTAL SERVICES ACT 1975 - SECT 113
Consultative Council
SECT
113. (1) There is hereby established a Consultative Council comprising
representatives of the Commission and of organizations of officers and
employees.
(2) The By-laws shall determine the manner in which the Council is to be
constituted, the functions of the Council and the manner in which the Council
is to carry out its functions.
POSTAL SERVICES ACT 1975 - SECT 114
Remission of charges
SECT
114. The Commission may, in a particular case for special reasons, or in
cases included in a particular class of cases for special reasons remit or
reduce a charge that would otherwise be payable under this Act.
POSTAL SERVICES ACT 1975 - SECT 115
By-laws
SECT
115. (1) The Commission may make By-laws, not inconsistent with this Act or
the regulations, prescribing all matters which are required or permitted to be
prescribed by the By-laws, and, making provision for or with respect to-
(a) the establishment, management and operation of offices, the receipt,
transmission and delivery of postal articles, and the conduct and duties of
officers and employees;
(b) the terms and conditions governing the receipt, transmission and
delivery of postal articles;
(c) the weight and dimensions of postal articles;
(d) the registration and insurance of postal articles;
(e) the registration of publications;
(f) the sale of postage stamps, the licensing of persons to sell stamps and
the commission to be allowed to persons so licensed;
(g) the conditions governing the refund of postage or other charges fixed
under section 18;
(h) unclaimed, undelivered or refused postal articles;
(i) the redirection of postal articles, and the return of postal articles
to senders;
(j) the mode of defacing or cancelling stamps on postal articles;
(k) the payment of compensation in respect of the loss or rifling of,
damage to, or delay in delivery of postal articles;
(l) the provision of private boxes, private bags, community bags and free
bags;
(m) the terms and conditions governing the transmission of moneys;
(n) the sale of stationery and packing material;
(o) the conditions governing philatelic sales and services;
(p) the establishment, management and operation of the courier service;
(pa) the establishment, management and operation of electronic mail
services;
(q) the terms and conditions of employment of officers and employees; and
(r) penalties by way of fine not exceeding $200 or by way of imprisonment
not exceeding 6 months, or both, for a breach of a By-law.
(2) Sections 48, 49 and 50 of the Acts Interpretation Act 1901 apply in
relation to By-laws as if references in those sections to regulations were
references to By-laws.
(3) By-laws shall not be deemed to be statutory rules within the meaning of
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 they
apply in relation to statutory rules.
(4) For the purposes of the application of sub-section 5 (3B) of the
Statutory Rules Publication Act 1903 in accordance with sub-section (3) of
this section, the reference in that first-mentioned sub-section to the
Minister for Sport, Recreation and Tourism shall be construed as a reference
to the Minister administering this Act.
POSTAL SERVICES ACT 1975 - SECT 116
Regulations
SECT
116. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters which by this Act are required or permitted to be
prescribed by the regulations, or which are necessary or convenient to be
prescribed by the regulations for carrying out or giving effect to this Act
and for making provision for and in relation to-
(a) the forfeiture to the Commonwealth of any postal article, or of the
contents of any postal article, that has been dealt with as provided in the
By-laws but cannot be delivered to the addressee or returned to the sender or
any article the transmission of which is prohibited by or under this Act or
any other Act or by the By-laws;
(b) arrangements as to the collection of duties of customs or any other
duties lawfully payable in respect of goods transmitted by post;
(c) methods of dealing with postal articles that may contain goods on which
duties of customs are payable;
(d) the application of Division 6 of Part V to and in relation to an
employee who-
(i) has been in continuous employ of the Commission for a period of not
less than one year; or
(ii) has been engaged by the Commission to serve for a period of not less
than one year,
including provisions modifying and adapting the provisions of that Division
in relation to such an employee;
(f) procedures for and in relation to the opening and examination of postal
articles by or in the presence of officers;
(g) prohibiting, restricting, regulating or imposing conditions with
respect to the sending by post, by the courier service or by an electronic
mail service of-
(i) articles that are or could be dangerous or noxious;
(ii) articles consisting of, containing or bearing matter of an indecent,
obscene or offensive nature; and
(iii) articles consisting of or containing matter not solicited by the
persons to whom the articles are sent;
(h) the payment of costs in proceedings before a Disciplinary Appeal Board
and the assessment of those costs; and
(j) penalties not exceeding a fine of $200 or imprisonment not exceeding 6
months, or both, for offences against the regulations.