Commonwealth: Australian Postal Corporation Act 1989 (Cth)

Australian Postal Corporation Act 1989 No. 64, 1989 Compilation No. 50 Compilation date: 9 January 2025 Includes amendments: Act No. 61, 2024 About this compilation This compilation This is a compilation of the Australian Postal Corporation Act 1989 that shows the text of the law as amended and in force on 9 January 2025 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Interpretation—definitions 5 Interpretation—meaning of carry by ordinary post 6 Interpretation—meaning of subsidiary 7 Extraterritorial operation of Act 8 Extension of Act to external Territories 9 Extension of Act to offshore areas 10 Act binds the Crown 11 Act subject to Radiocommunications Act and Telecommunications Act etc. 11A Application of the Criminal Code Part 2—Australia Post and its Board Division 1—Constitution, functions and powers of Australia Post 12 Australia Post continues in existence 13 Australia Post continues to be body corporate etc. 14 Functions—the principal function 15 Functions—subsidiary function 16 Functions—incidental businesses and activities 17 General powers 18 Specific postal and postal related powers 19 Other powers Division 2—Australia Post's Board and Managing Director 20 The Board 21 The Managing Director 22 Constitution of the Board 23 Role of the Board 24 Duties of the Managing Director Part 3—Australia Post's obligations and reserved services Division 1—Obligations 25 Obligations generally 26 Commercial obligation 27 Community service obligations 28 General governmental obligations 28A Australia Post may return letters received from foreign postal authorities Division 1A—Performance standards and audits 28B Interpretation 28C Performance standards to be met by Australia Post 28D Auditor‑General to report on compliance with prescribed performance standards 28E Service improvement plans Division 2—Reserved services 29 Services reserved to Australia Post etc. 30 Exceptions to reserved services 30A Enforcement for infringement of reserved services 31 Actions for infringement of reserved services etc. Part 4—Australia Post's operations Division 1—Terms and conditions applying to services 32 Terms and conditions generally 32A Terms and conditions—bulk interconnection service 32B Regulations may provide for inquiries into certain disputes about bulk services 32C Terms and conditions—incoming overseas mail service 32D Exemption from Part IIIA of the Competition and Consumer Act 33 Certain postage charges subject to Ministerial review 33A Postage stamps not to be sold etc. for less than usual retail price 34 Immunity from certain actions Division 2—Corporate plans 38 Matters to be considered in setting financial target 40 Minister may direct certain variations of corporate plans Division 3—Other accountability requirements 43 Extra general matters to be included in annual reports 44 Extra financial matters to be included in annual reports 49 Minister may give directions to the Board 50 Australia Post and Board not otherwise subject to government direction Part 4A—Monitoring of Australia Post Division 2—Role of the ACCC 50H ACCC may require Australia Post to keep records 50I ACCC may publish reports analysing records 50J Minister may direct ACCC to report 50K Publication of confidential information Part 5—Finance 51 Determination of Australia Post's initial capital under Act 52 Australia Post's capital 53 Revaluation of assets 54 Payments of dividends to Commonwealth 55 Interim dividends 56 Reimbursement of cost of complying with directions 56A Recovery of costs incurred by the ACCC 57 Expenditure of Australia Post's money 60 Borrowings from Commonwealth 61 Borrowings from persons other than Commonwealth 62 Security for borrowings 63 Liability to taxation Part 6—Directors of Australia Post Division 1—Meetings of the Board 64 Interpretation—meaning of the required minimum number of directors 65 Times and places of meetings 66 Presiding at meetings 67 Quorum and voting at meetings 68 Conduct of meetings 69 Resolutions without meetings 70 Minutes 71 Disclosure not required in relation to publicly available goods or services Division 2—Provisions relating to directors other than the Managing Director 72 Division applies to directors other than Managing Director 73 Appointment of directors 74 Term of appointment 75 Directors hold office on part time basis 76 Remuneration and allowances 77 Leave of absence 78 Resignation 79 Termination of appointment 80 Terms and conditions of appointment not provided for by Act 81 Deputy Chairperson 82 Acting appointments Division 3—Provisions relating to the Managing Director 83 Appointment 84 Managing Director holds office during Board's pleasure 85 Managing Director holds office on full time basis 86 Terms and conditions of appointment not provided for by Act 87 Disclosure of interests 88 Acting Managing Director Part 7—Australia Post's staff 89 Staff 90 Australia Post as employer Part 7A—Application of State and Territory laws 90A Australia Post not entitled to immunities or privileges of Commonwealth 90B Discriminatory laws do not apply 90C State or Territory laws do not apply retrospectively before 1 January 1991 90D Laws relating to buildings, structures and facilities do not apply Part 7B—Dealing with articles and their contents Division 1—Interpretation 90E Definitions 90F Meaning of authorised ASIO officer Division 2—Limits on use or disclosure of information and documents Subdivision A—Use or disclosure by current employees of Australia Post 90G Application of Subdivision 90H Prohibition on use or disclosure by current employees 90J Permitted use or disclosure in performance of duties 90JA Permitted disclosure under warrant 90JB Permitted disclosure as a witness 90JC Permitted disclosure under law 90JD Permitted disclosure to various persons 90JE Permitted disclosure to reduce threat to life or health 90JF Permitted disclosure for purposes of law enforcement or protection of public revenue 90JG Permitted disclosure under Universal Postal Union instrument 90JH Permitted disclosure to assist in notification of next of kin 90L Disclosure of personal information by consent Subdivision B—Use or disclosure by former employees of Australia Post 90LA Application of Subdivision 90LB Prohibition on use or disclosure by former employees 90LC Permitted use or disclosure Subdivision C—Secondary use or disclosure by other people 90LD Application of Subdivision 90LE Prohibition on secondary use or disclosure by other people 90LF Circumstances in which secondary use or disclosure permitted Subdivision D—Miscellaneous 90LG Division does not authorise opening or examining 90LH Division does not affect powers etc. in relation to things other than information or documents Division 3—Limits on opening and examining articles 90M Articles to which Division applies 90N Offence—opening article or examining article or its contents 90P Examining without opening 90Q Undeliverable articles 90R Repair 90S Articles on which duties or taxes are payable or that are carried in contravention of law 90U Articles consisting of, or containing, quarantine material 90UA Removing scam mail from the normal course of carriage 90UB Opening and examining scam mail 90UC Dealing with or returning scam mail 90V Articles to carry notice of opening etc. 90W Permitted or required dealings are not prohibited by section 90H, 90LB or 90LE 90X Articles may be dealt with under other provisions despite obligations under this Division 90XA Same person may do several things Division 4—Dealing with dangerous, offensive etc. articles 90Y Articles to which Division applies 90Z Dealing with explosive, dangerous or injurious things etc. 90ZA Destruction of physically offensive things 90ZAA Compensation for acquisition of property 90ZB Permitted dealings are not prohibited by section 90H, 90LB, 90LE or 90N Division 5—Miscellaneous 90ZC Australia Post and employees not liable for actions in good faith under this Part 91 Giving Australia Post information about articles removed from the normal course of carriage 92 Australia Post not to bear cost of examination of goods by customs officer Part 8—Miscellaneous 93 Delegation of Australia Post's powers 94 Delegation of Board's powers 95 Post‑boxes 96 Australia Post's seal 97 Confirmation of contracts and authentication and execution of documents 98 Unclaimed money 99 Lands Acquisition Act 100 Public Works Committee Act 101 Articles carried by or through Australia Post taken to be Australia Post's property 102 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act relating to the Australian Postal Corporation Part 1—Preliminary 1 Short title This Act may be cited as the Australian Postal Corporation Act 1989. 2 Commencement (1) Subject to subsection (2), this Act commences on a day to be fixed by Proclamation. (2) If this Act does not commence under subsection (1) within the period of 6 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of the period. 3 Interpretation—definitions In this Act, unless the contrary intention appears: ACCC means the Australian Competition and Consumer Commission. article means any matter or thing, and includes, for example: (a) a letter; (b) a message or information; (c) a direction to pay an amount of money; (d) an envelope, packet, parcel, container or wrapper containing any matter or thing (including a letter, message, information or direction to pay an amount of money); and (e) a message, information, or direction to pay an amount of money, that is not in written form. Australia, when used in a geographical sense, includes the external Territories to which this Act extends. Australia Post means the Australian Postal Corporation. Board means the Board of Directors of Australia Post. borrow includes raise money or credit. carry, in relation to an article, means: (a) carry the article from one place to another by physical means; or (b) if the article is an unwritten communication—transmit the article from one place to another by electromagnetic or other non‑physical means; and includes: (c) in the case of the carriage of an article from one place to another by physical means—collect or receive the article for carriage and deliver the article after carriage; and (d) in the case of the transmission of an unwritten communication from one place to another by electromagnetic or other non‑physical means—collect or receive the communication (whether in written or unwritten form) for transmission and deliver the communication (whether in written or unwritten form) after transmission. Chairperson means the Chairperson of the Board. community service obligations means obligations under section 27. convention means a convention to which Australia is a party or an agreement or arrangement between Australia and a foreign country. Deputy Chairperson means the Deputy Chairperson of the Board. director means a director of the Board and includes the Chairperson, the Deputy Chairperson and the Managing Director. Federal Court means the Federal Court of Australia. Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013. letter means any form of written communication that is directed to a particular person or address, and includes: (a) any standard postal article; (b) any envelope, packet, parcel, container or wrapper containing such a communication; and (c) any unenclosed written communication that is directed to a particular person or address. Managing Director means the Managing Director of Australia Post. office, in relation to Australia Post, means an office (in Australia or outside Australia): (a) established by Australia Post for the supply of postal services; or (b) conducted by an agent of Australia Post. ordinary post, in relation to the carrying of an article, has the meaning given by section 5. postage, in relation to a postal article, means the amount payable for the carrying of the article by post (including any special charge or additional fee payable for special services supplied in relation to the carrying of the article). postage stamp includes an imprinted or printed mark, label or design authorised by Australia Post for the purpose of paying postage for a postal article. postal article means an article of a kind that, under the terms and conditions on which Australia Post supplies postal services, may be carried by or through Australia Post. registered charity means an entity that is registered under the Australian Charities and Not‑for‑profits Commission Act 2012 as the type of entity mentioned in column 1 of item 1 of the table in subsection 25‑5(5) of that Act. reserved services means the activities that Australia Post has, because of section 29, the exclusive right to engage in. standard postal article means, subject to the regulations, a postal article that satisfies all of the following criteria: (a) it does not weigh more than 250 grams; (b) it is not more than 5mm thick; (c) its other 2 dimensions form a rectangle: (i) 2 of whose sides are shorter than the other sides; and (ii) the shorter sides of which are not more than 122 mm long; and (iii) the longer sides of which are not more than 237 mm long; and (iv) the adjacent sides of which are in the ratio of 1 to at least 1.414. subsidiary has the meaning given by section 6. the letter service means the service supplied by Australia Post under section 27. thing includes a living thing. unwritten communication includes a message, information, or direction to pay an amount of money, that is not in written form. 5 Interpretation—meaning of carry by ordinary post For the purposes of this Act, an article is carried by ordinary post if the article is carried by means of the letter service in such a way as will not involve the supply of a special service for which a special charge or additional fee is payable in relation to the carrying of the article. 6 Interpretation—meaning of subsidiary For the purposes of this Act, a body corporate is a subsidiary of another body corporate if, under the Corporations Act 2001, the first body corporate is a subsidiary of the other body corporate. 7 Extraterritorial operation of Act This Act applies both within and outside Australia. 8 Extension of Act to external Territories This Act extends to the external Territories. 9 Extension of Act to offshore areas (1) Subject to subsection (2), this Act applies in relation to the offshore areas of the States and Territories as if references to Australia (when used in a geographical sense) included references to the offshore areas. (2) The application of this Act in relation to the offshore areas of the States and Territories extends only in relation to 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. (3) Without limiting subsection (2), the application of this Act in relation to the offshore areas of the States and Territories because of subsection (1) extends in relation to all acts done by or in relation to, and all matters, circumstances and things affecting, any person who is in the offshore area 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. (4) In this section: offshore area: (a) of a State or a Territory other than the Northern Territory, has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006; and (b) of the Northern Territory, has the same meaning as Principal Northern Territory offshore area has in that Act. 10 Act binds the Crown This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory. 11 Act subject to Radiocommunications Act and Telecommunications Act etc. This Act has effect subject to the Radiocommunications Act 1992, the Telecommunications Act 1997 and the Telecommunications (Consumer Protection and Service Standards) Act 1999. 11A Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Part 2—Australia Post and its Board Division 1—Constitution, functions and powers of Australia Post 12 Australia Post continues in existence The Australian Postal Corporation continues in existence. 13 Australia Post continues to be body corporate etc. The Australian Postal Corporation: (a) continues to be a body corporate; (b) shall have a seal; and (c) may sue and be sued in its corporate name. Note: The Public Governance, Performance and Accountability Act 2013 applies to Australia Post. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources. 14 Functions—the principal function The principal function of Australia Post is to supply postal services within Australia and between Australia and places outside Australia. 15 Functions—subsidiary function A subsidiary function of Australia Post is to carry on, outside Australia, any business or activity relating to postal services. 16 Functions—incidental businesses and activities (1) The functions of Australia Post include the carrying on, within or outside Australia, of any business or activity that is incidental to: (a) the supplying of postal services under section 14; or (b) the carrying on of any business or activity under section 15. (2) Without limiting subsection (1), the functions of Australia Post include the carrying on, within or outside Australia, of any business or activity that is capable of being conveniently carried on: (a) by the use of resources that are not immediately required in carrying out Australia Post's principal or subsidiary function; or (b) in the course of: (i) supplying postal services under section 14; or (ii) carrying on any business or activity under section 15. 17 General powers (1) Australia Post has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions. (2) Subsection (1) is not limited by any other provision of this or any other Act that confers a power on Australia Post. 18 Specific postal and postal related powers Australia Post has power, for or in connection with the performance of its functions: (a) to supply packet and parcel carrying services; and (b) to supply philatelic and associated services; and (c) to supply courier services; and (d) to supply electronic mail services; and (da) to supply: (i) carriage services (within the meaning of the Telecommunications Act 1997); and (ii) content services (within the meaning of that Act); and (e) to supply document exchange services and contract mail management services; and (ea) to supply mail house services (which may include, for example, the provision of a mail order service and the doing of things incidental to the provision of such a service); and (f) to supply funds transfer services; and (g) to supply postal services (including philatelic and associated services) for Norfolk Island, Christmas Island, Cocos (Keeling) Islands and foreign countries; and (h) to supply any services other than postal services to or on behalf of the Commonwealth, the States and Territories, foreign countries and other persons; and (j) to manufacture postage stamps and other goods for use in connection with postal services. 19 Other powers (1) Australia Post has, for or in connection with the performance of its functions, all the powers of a natural person, and may, for example: (a) enter into contracts; (b) acquire, hold and dispose of real and personal property; (c) appoint agents and attorneys, and act as agent for other persons; (d) form, and participate in the formation of, companies; (e) subscribe for and purchase shares in, and debentures and other securities of, companies; (f) participate in partnerships, trusts, unincorporated joint ventures and other arrangements for the sharing of profits; (g) issue debentures and grant floating charges on its property; (h) make charges and fix terms and conditions for work done, or services, goods and information supplied, by it; (j) engage consultants; (k) accept gifts, grants, bequests and devises made to it, and act as trustee of money and other property vested in it on trust; (m) offer and pay rewards; (n) deal in futures and other contracts; (p) provide consultancy and project management services; and (q) do such other things as it is authorised to do by or under this Act or any other law of the Commonwealth or any law of a State or Territory. (2) Australia Post has, in addition to its other powers, power to do all things necessary or convenient to be done for, or in connection with, the performance of its obligation under section 26, and may, for example: (a) purchase and otherwise acquire land and buildings that it may require; (b) sell and otherwise dispose of land and buildings that it does not require; (c) develop land and buildings to enable their more efficient utilisation; (d) develop and lease land and buildings not immediately required by it; and (e) develop land and buildings for the purpose of sale. Division 2—Australia Post's Board and Managing Director 20 The Board There shall be a Board of Directors of Australia Post. 21 The Managing Director There shall be a Managing Director of Australia Post. 22 Constitution of the Board The Board consists of: (a) the Chairperson; (b) the Deputy Chairperson; (c) the Managing Director; and (d) not more than 6 other directors. 23 Role of the Board It is the role of the Board: (a) to decide the objectives, strategies and policies to be followed by Australia Post; and (b) to ensure that Australia Post performs its functions in a manner that is proper, efficient and, as far as practicable, consistent with sound commercial practice. 24 Duties of the Managing Director (1) The Managing Director shall, under the Board, manage Australia Post. (2) All acts and things done in the name of, or on behalf of, Australia Post by the Managing Director shall be taken to have been done by Australia Post. Part 3—Australia Post's obligations and reserved services Division 1—Obligations 25 Obligations generally Australia Post has the following obligations: (a) its commercial obligation under section 26; (b) its community service obligations under section 27; (c) its general governmental obligations under section 28. 26 Commercial obligation Australia Post shall, as far as practicable, perform its functions in a manner consistent with sound commercial practice. 27 Community service obligations (1) Australia Post shall supply a letter service. (2) The principal purpose of the letter service is, by physical means: (a) to carry, within Australia, letters that Australia Post has the exclusive right to carry; and (b) to carry letters between Australia and places outside Australia. (3) Australia Post shall make the letter service available at a single uniform rate of postage for the carriage within Australia, by ordinary post, of letters that are standard postal articles. (4) Australia Post shall ensure: (a) that, in view of the social importance of the letter service, the service is reasonably accessible to all people in Australia on an equitable basis, wherever they reside or carry on business; and (b) that the performance standards (including delivery times) for the letter service reasonably meet the social, industrial and commercial needs of the Australian community. (5) In this section: Australia includes Norfolk Island, Christmas Island and Cocos (Keeling) Islands, but does not include any other external Territory to which this Act extends. 28 General governmental obligations Australia Post shall perform its functions in a way consistent with: (a) any government policy orders that apply in relation to Australia Post under section 22 of the Public Governance, Performance and Accountability Act 2013; (b) any directions given by the Minister under section 49; and (c) Australia's obligations under any convention. 28A Australia Post may return letters received from foreign postal authorities (1) This section applies to letters and other postal articles received by Australia Post from a foreign postal authority, whether they are for delivery within Australia or not. (2) Subject to subsection (3), if, under a convention, Australia is permitted to return a letter or postal article, Australia Post may return the article in accordance with the convention despite its obligations under this Division. (3) The Minister may give written directions to the Board, consistent with the convention, about how the power to return articles should be exercised (including whether that power should be exercised in particular circumstances). (4) The Board must ensure that Australia Post complies with any directions under subsection (3). (5) If the Minister gives a direction under subsection (3), the Minister must cause a copy of the direction to be laid before each House of the Parliament within 15 sitting days of that House after giving the direction. Division 1A—Performance standards and audits 28B Interpretation In this Division: performance audit report means a report under section 28D. prescribed performance standards has the meaning given by subsection 28C(1). 28C Performance standards to be met by Australia Post (1) The regulations may prescribe performance standards (the prescribed performance standards) to be met by Australia Post. (2) The prescribed performance standards must relate to: (a) the frequency, speed or accuracy of mail delivery; or (b) the availability or accessibility of: (i) post‑boxes or other mail lodgement points; or (ii) offices of Australia Post or other places from which Australia Post products or services may be purchased. (3) Without limiting subsection (1), the prescribed performance standards may relate to methods of determining the level of mail delivery service for a particular area. 28D Auditor‑General to report on compliance with prescribed performance standards (1) The Auditor‑General must, in relation to the financial year starting on 1 July 1994 and each later financial year, audit, and report on, the extent to which, during the financial year, Australia Post met the prescribed performance standards that were in force. (2) The audit must be conducted in accordance with the methodology that the Auditor‑General determines is consistent with prevailing performance audit methodology, and a statement of the methodology used in conducting the audit must be included in the report. (3) The Auditor‑General may request Australia Post to supply information that the Auditor‑General considers is reasonably necessary to perform the audit, and Australia Post must comply with the request. (4) The Auditor‑General must give the report to the Minister on or before 1 November in the next financial year. (5) The Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after its receipt by the Minister. 28E Service improvement plans (1) If, in a performance audit report, the Auditor‑General reports that Australia Post has not met a prescribed performance standard, Australia Post must, unless the Minister determines, by legislative instrument, that it is unnecessary in the circumstances, prepare a service improvement plan to ensure it meets that prescribed performance standard as soon as practicable. (2) The service improvement plan must be given to the Minister on or before 1 March in the financial year after the financial year to which the performance audit report relates. (3) The Minister must cause a copy of the service improvement plan to be laid before each House of the Parliament within 15 sitting days of that House after its receipt by the Minister. Division 2—Reserved services 29 Services reserved to Australia Post etc. (1) Subject to section 30, Australia Post has the exclusive right to carry letters within Australia, whether the letters originated within or outside Australia. (2) The reservation of services to Australia Post under subsection (1) extends to: (a) the collection, within Australia, of letters for delivery within Australia; and (b) the delivery of letters within Australia. (3) Australia Post also has the exclusive right to issue postage stamps within Australia. 30 Exceptions to reserved services (1) The reserved services do not include any of the following: (a) the carriage of a letter weighing more than 250 grams unless the letter consists of an envelope, packet, parcel, container or wrapper containing 2 or more separate letters; (b) the carriage of a letter relating to goods that is sent and delivered with the goods; (c) the carriage of a newspaper, magazine, book, catalogue or leaflet, whether or not directed to a particular person or address and whether or not enclosed in any sort of cover; (d) the carriage of a letter otherwise than for reward; (e) the carriage of a letter within Australia for a charge or fee that is at least 4 times the then rate of postage for the carriage within Australia of a standard postal article by ordinary post; (g) the carriage of a letter by the sender or an officer or employee of the sender; (ga) the carriage of a letter from an office of the individual or organisation sending the letter to another office of that individual or organisation; (h) the carriage of a letter to or from: (i) the nearest office of Australia Post; or (ii) another office of Australia Post authorised by it; (ha) the carriage of a letter to an office of Australia Post where it is then lodged for delivery under a bulk interconnection service (within the meaning of section 32A); (hb) the carriage of a letter to the provider of an aggregation service, for the purposes of aggregation in order to use a bulk interconnection service (within the meaning of section 32A); (j) the carriage of a letter on behalf of Australia Post under an agreement with it; (k) the carriage of a letter that, under the terms and conditions on which Australia Post supplies postal services, is not a postal article; (m) the carriage of writs, warrants or other documents required or permitted to be served, given or sent under the practice and procedure of any court or tribunal; (ma) the carriage of a letter, in the course of a document exchange service: (i) from one service centre of the service to another service centre of the service; or (ii) within a service centre of the service; or (iii) from a member of the service to a service centre of the service (subject to subsection (1C)); or (iv) from a service centre of the service to a member of the service (subject to subsections (1C) and (1D)); (n) the carriage of a letter solely by any electromagnetic or other non‑physical means; (p) the carriage of letters by or on behalf of a foreign country under a convention; (q) any service that, under the regulations, is not reserved to Australia Post. (1A) For the purpose of paragraph (1)(ga): (a) the reference to an office of an individual or organisation includes a reference to any place where the individual or organisation carries on business or conducts operations; and (b) a place where a business is conducted under a franchise agreement or arrangement is an office of the franchisee but is not, merely because that business is conducted there, an office of the franchisor; and (c) subject to paragraph (d), the reference to an organisation is a reference to: (i) a body corporate; or (ii) a partnership; or (iii) a Department of State of the Commonwealth or of a State; or (iv) a Department or administrative unit of the Public Service of a Territory; or (v) a body, authority, agency or service, whether incorporated or not, established by the Commonwealth or a State or Territory, or by or under a law of the Commonwealth or a State or Territory; or (vi) any other unincorporated body; and (d) if a body, authority, agency or service covered by subparagraph (c)(v) is also part of a Department or administrative unit covered by subparagraph (c)(iii) or (iv), the body, authority, agency or service is taken to be an organisation that is separate from the organisation constituted by that Department or administrative unit. (1AA) For the purposes of paragraph (1)(hb), an aggregation service is a service: (a) that aggregates letters from different senders; and (b) that is offered in order to allow the senders to use a bulk interconnection service (within the meaning of section 32A). (1B) For the purposes of paragraph (1)(ma), a service centre of a document exchange service is a place conducted by, or under the control of, the provider of the service where, under the terms of the service, all persons who, under those terms, are entitled to use the service may: (a) deposit documents for carriage by the service; and (b) collect documents carried by the service. (1C) Carriage of a letter between a service centre of a document exchange service and a person who is a member of the service is only covered by subparagraph (1)(ma)(iii) or (iv) if, at the time of the carriage, all of the following apply: (a) the person chose to become a member of the service by applying directly to the provider of the service; (b) the terms and conditions on which the service is provided require the person to pay a fee periodically (at least annually) to remain a member; (c) the person has a unique identifier that: (i) is not a postal address; and (ii) does not include a street name; for the purposes of sending and receiving letters carried by the service; (d) the person is entitled to send and receive letters carried by the service; (e) there is a separate receptacle at a service centre of the service for the lodgment and collection of letters carried by the service that are sent to the person or sent by the person; (f) the person: (i) is a registered charity; or (ii) is a government agency, partnership, educational institution, health or community service provider or other person carrying on a business or other undertaking not of a private or domestic nature, but is not a charity. (1D) Carriage of a letter from a service centre of a document exchange service to a person who is a member of the service is not covered by subparagraph (1)(ma)(iv) if the sender has addressed the letter using only a postal address. (2) A regulation made for the purposes of paragraph (1)(q) may not commence earlier than the day after the last day on which the regulation may be disallowed under Part 2 of Chapter 3 of the Legislation Act 2003. 30A Enforcement for infringement of reserved services (1) A person shall not engage in conduct that involves an infringement of Australia Post's exclusive right to undertake the reserved services. (2) If the Federal Court is satisfied that a person has contravened subsection (1), the Court may order the person to pay to the Commonwealth such pecuniary penalty, in respect of each contravention, as the Court determines to be appropriate. (3) In determining the pecuniary penalty, the Court must have regard to all relevant matters, including: (a) the nature and extent of the contravention; and (b) the nature and extent of any loss or damage suffered as a result of the contravention; and (c) the circumstances in which the contravention took place; and (d) whether the person has previously been found by the Court in proceedings under this Act to have engaged in any similar conduct. (4) The pecuniary penalty payable under subsection (2) by a body corporate is not to exceed $250,000 for each contravention. (5) The pecuniary penalty payable under subsection (2) by a person other than a body corporate is not to exceed $50,000 for each contravention. (6) The Minister or the ACCC may institute a proceeding in the Federal Court for the recovery on behalf of the Commonwealth of a pecuniary penalty referred to in subsection (2). (7) A proceeding under subsection (6) may be commenced within 6 years after the contravention. (8) For the avoidance of doubt, the remedy in this section is in addition to that provided in section 31 of this Act. 31 Actions for infringement of reserved services etc. (1) Where a person has engaged, or is proposing to engage, in conduct that involves, or would involve, an infringement of Australia Post's exclusive right to undertake the reserved services, Australia Post may apply to the Federal Court for relief. (2) The relief that may be granted includes an injunction and, at the option of Australia Post, either damages or an account of profits. (3) Where, in the opinion of the Federal Court, it is desirable to do so, the Court may grant an interim injunction pending determination of an application under subsection (1). (4) The power of the Federal Court to grant an injunction restraining a person from engaging in conduct may be exercised: (a) whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; (b) whether or not the person has previously engaged in conduct of that kind; and (c) whether or not there is imminent danger of substantial damage to Australia Post if the person engages in conduct of that kind. Part 4—Australia Post's operations Division 1—Terms and conditions applying to services 32 Terms and conditions generally (1) Subject to any express provision of this or any other Act, the terms and conditions of a service supplied by Australia Post for a person are: (a) so far as Australia Post and the person agree on terms and conditions for the supply of the service—the agreed terms and conditions; and (b) so far as Australia Post and the person do not agree on terms and conditions—the terms and conditions determined by the Board that are applicable to the supply of the service. (2) Without limiting subsection (1), the terms and conditions determined by the Board may make provision with respect to: (a) the kinds of articles that may be carried by or through Australia Post and the means by which different kinds of articles may be carried; and (b) the carriage of letters and other postal articles; and (c) rates of postage; and (d) the payment of postage, including the issue and sale of postage stamps, the pre‑stamping of postal articles and the use of franking machines; and (e) the carriage of letters to or from an office of Australia Post; and (f) undelivered letters and other articles (including the forfeiture and destruction of such articles). (3) The Board shall ensure that copies of a determination made by it under this section are made available for inspection and purchase at all offices of Australia Post as soon as practicable after it is made. (4) A contravention of subsection (3) in relation to a determination does not affect the validity of the determination. (5) This section has effect subject to section 33 of this Act and to Part VIIA of the Competition and Consumer Act 2010. 32A Terms and conditions—bulk interconnection service (1) This section applies to a service supplied by Australia Post (a bulk interconnection service) under which bulk quantities of letters are delivered within Australia at reduced rates provided that: (a) they are lodged at an office of Australia Post specified as mentioned in paragraph (2)(a); and (b) they have, before being lodged, been sorted in accordance with the terms and conditions of the service. (2) The terms and conditions of a bulk interconnection service must: (a) specify the offices of Australia Post at which letters must be lodged for delivery under the service; and (b) allow letters to be lodged for delivery under the service at any office so specified; and (c) provide for the rate reduction mentioned in subsection (1) to include a component that is Australia Post's estimate of the average transport costs per letter avoided by Australia Post in respect of letters lodged for delivery under the service. (3) The terms and conditions of a bulk interconnection service are not required to be limited to the matters mentioned in this section. 32B Regulations may provide for inquiries into certain disputes about bulk services (1) The regulations may provide: (a) for the ACCC: (i) to inquire into a dispute, between Australia Post and a person who is obtaining or who wishes to obtain a rate reduction for the delivery of bulk quantities of letters by Australia Post in return for performing functions in relation to the letters that may be performed by Australia Post, about the terms and conditions on which a rate reduction is or would be provided to the person (including the amount of the rate reduction); and (ii) to make a recommendation to the Minister about those terms and conditions; and (b) procedures for persons to notify the ACCC of a dispute of the kind referred to in paragraph (a); and (c) for the conduct of inquiries, and for the making of recommendations, provided for under paragraph (a); and (d) for the provision of information by Australia Post to the ACCC in connection with the exercise of powers conferred on the ACCC under paragraph (a); and (da) for the ACCC to use for the purposes described in paragraph (a) information obtained under Part VIIA of the Competition and Consumer Act 2010; (e) for the matters to be taken into account by the ACCC in exercising powers conferred under paragraph (a); and (f) that, despite section 49, the Minister may, if the Minister thinks fit and after consultation with the Board, direct Australia Post to act in accordance with a recommendation made by the ACCC under subparagraph (a)(ii); and (g) for the matters to be taken into account by the Minister in deciding whether to give a direction provided for under paragraph (f); and (h) for the notification of: (i) directions given by the Minister as provided for under paragraph (f); and (ii) decisions of the Minister not to give such directions; and (i) in relation to the operation of directions given by the Minister as provided for under paragraph (f). (1A) Regulations made under paragraph (1)(f) must not authorise the making of directions that are inconsistent with subsection 32A(2). (2) The regulations may provide as specified in subsection (1) in spite of anything in the Competition and Consumer Act 2010. 32C Terms and conditions—incoming overseas mail service (1) This section applies to a service supplied by Australia Post (an incoming overseas mail service) under which letters received by Australia Post from a country or place outside Australia are carried and delivered within Australia. (2) The terms and conditions of an incoming overseas mail service must, so far as they relate to charges for the service, comply with whichever of the following paragraphs applies: (a) if a convention applies to the service—the charges must be determined in accordance with the convention; (b) if paragraph (a) does not apply—the charges must be the same as those that would apply to the provision of a like service by Australia Post for the carriage and delivery within Australia of letters collected within Australia. (3) The terms and conditions of an incoming overseas mail service are not required to be limited to the matters mentioned in this section. 32D Exemption from Part IIIA of the Competition and Consumer Act Part IIIA of the Competition and Consumer Act 2010 does not apply in relation to the supply of a service (including a bulk interconnection service and an incoming overseas mail service) by Australia Post. 33 Certain postage charges subject to Ministerial review (1) This section applies to the rate of postage for the carriage within Australia of standard postal articles by ordinary post. (2) Before making a determination under section 32 fixing or varying rates of postage to which this section applies, the Board shall give the Minister written notice of the proposed determination. (3) The Minister may, within 30 days after receiving notice of a proposed determination, give the Board written notice disapproving it. (4) In exercising powers under subsection (3), the Minister shall have regard to: (a) Australia Post's obligations under this Act; and (aa) changes in the Consumer Price Index as published by the Australian Statistician from time to time; and (b) any other matters the Minister considers appropriate. (5) The Board may make a determination under section 32 fixing or varying rates of postage to which this section applies only if 30 days have elapsed since the Minister received notice of it and the Minister has not, within that period, given the Board a notice disapproving it. 33A Postage stamps not to be sold etc. for less than usual retail price (1) A person authorised by Australia Post to sell postage stamps must not: (a) sell a valid Australian stamp for less than its usual retail price; or (b) give away a valid Australian stamp free of charge. (2) Australia Post must not sell a valid Australian stamp for less than its usual retail price unless the sale is pursuant to an agreement between Australia Post and another person under which the person buys the stamp for the purpose of re‑selling it at its usual retail price. (3) If a person has engaged, or is proposing to engage, in conduct that involves, or would involve, an infringement of subsection (1), Australia Post may apply to the Federal Court for relief. (4) The relief that may be granted includes an injunction and, at the option of Australia Post, either damages or an account of profits. (5) The Federal Court may grant an interim injunction pending determination of an application under subsection (3) if, in the Court's opinion, it is desirable to do so. (6) The power of the Federal Court to grant an injunction restraining a person from engaging in conduct may be exercised: (a) whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; and (b) whether or not the person has previously engaged in conduct of that kind; and (c) whether or not there is imminent danger of substantial damage to Australia Post if the person engages in conduct of that kind. (6A) The following conduct is authorised for the purposes of subsection 51(1) of the Competition and Consumer Act 2010: (a) making and carrying out an agreement described in subsection (2) of this section; (b) applying to the Federal Court under subsection (3) of this section. (7) For the purposes of the application of this section to a postage stamp that consists of an imprinted or printed mark (for example a mark produced by a franking machine): (a) the mark is taken to be issued within Australia by Australia Post if Australia Post has authorised the use of the mark for the purpose of paying postage for postal articles; and (b) the mark is sold if a charge is made for the imprinting or printing of the mark onto the cover, or onto a label to be fixed to the cover, of a postal article; and (c) the usual retail price of the mark is the amount Australia Post usually charges for the imprinting or printing of the mark. (8) In this section: Australia Post does not include an agent of Australia Post. valid Australian stamp means: (a) a postage stamp issued within Australia by Australia Post that is still valid; or (b) an envelope, or other postal stationery, issued within Australia by Australia Post on which a postage stamp that is still valid is imprinted. 34 Immunity from certain actions (1) An action or proceeding does not lie against Australia Post or any other person in relation to any loss or damage suffered, or that may be suffered, by a person because of any act or omission (whether negligent or otherwise) by or on behalf of Australia Post in relation to the carriage of a letter or other article by means of the letter service. (2) Subsection (1) does not apply if Australia Post provides the sender with a receipt for the article. Division 2—Corporate plans 38 Matters to be considered in setting financial target In preparing or revising a financial target for inclusion in a corporate plan for Australia Post under section 35 of the Public Governance, Performance and Accountability Act 2013, the Board shall have regard to: (a) the need to earn a reasonable rate of return on Australia Post's assets; and (b) the need to maintain the extent of the Commonwealth's equity in Australia Post; and (c) the expectation of the Commonwealth that Australia Post will pay a reasonable dividend; and (d) the need to maintain Australia Post's financial viability; and (e) the need to maintain a reasonable level of reserves, especially to make provision for: (i) any estimated future demand for postal services; and (ii) any need to improve the accessibility of, and performance standards for, the letter service; and (f) any other commercial matters the Board considers appropriate; and (g) the cost of carrying out Australia Post's community service obligations; and (h) the cost of performing Australia Post's functions in a manner consistent with any government policy orders that apply in relation to Australia Post under section 22 of the Public Governance, Performance and Accountability Act 2013; and (j) the cost of implementing any directions given by the Minister under section 49; and (k) the cost of any other obligations of Australia Post under this or any other Act that require it to act otherwise than in accordance with normal commercial practice. 40 Minister may direct certain variations of corporate plans (1) If the Minister receives a corporate plan for Australia Post under section 35 of the Public Governance, Performance and Accountability Act 2013, the Minister may, within 60 days and after consultation with the Board, direct the Board to vary either or both of the following: (a) the statement included in the plan of the strategies and policies that Australia Post is to follow to carry out its community service obligations; (b) a financial target under a plan. (2) In exercising powers under paragraph (1)(b), the Minister shall have regard to: (a) the matters referred to in section 38 (other than the matter referred to in paragraph (f)); and (b) any other matters the Minister considers appropriate. (3) A direction under subsection (1) shall be in writing and shall set out the Minister's reasons for the direction. (4) If the Minister gives a direction under subsection (1), the Minister must cause a copy of the direction to be laid before each House of the Parliament within 15 sitting days of that House after giving the direction. (5) Australia Post must comply with a direction under subsection (1) and must inform the Minister of the changes made to the plan to comply with the direction. Division 3—Other accountability requirements 43 Extra general matters to be included in annual reports (1) The annual report on Australia Post given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must also: (d) include an outline of the strategies and policies that Australia Post is following to carry out its community service obligations; and (e) if the Minister has, under subsection 40(1), directed the Board to vary the statement included in the corporate plan of Australia Post's strategies and policies to carry out its community service obligations—include an outline of the strategies and policies that the Minister directed the Board to vary; and (f) include an assessment of the appropriateness and adequacy of the strategies and policies that Australia Post is following to carry out its community service obligations; and (fa) include a statement about compliance, during the period, with the performance standards referred to in paragraph 27(4)(b) (these standards relate to Australia Post's community service obligations); and (g) include particulars of: (i) any government policy orders that apply in relation to Australia Post under section 22 of the Public Governance, Performance and Accountability Act 2013 for the period; (ii) any directions given by the Minister under section 49 that are applicable to the period; and (h) deal specifically with the effect on Australia Post's operations during the period of: (i) each such policy and direction; and (ii) any other obligations of Australia Post under this or any other Act that require it to act otherwise than in accordance with normal commercial practice; and (j) if the Minister has, under subsection 33(3), disapproved a proposed determination by the Board fixing or varying rates of postage—set out particulars of the proposed determination; and (k) include particulars of: (i) companies that Australia Post and its subsidiaries formed, and companies in whose formation Australia Post and its subsidiaries participated, during the period; (ii) companies that became or ceased to be subsidiaries of Australia Post and its subsidiaries during the period; and (iii) interests in partnerships, trusts, unincorporated joint ventures and other arrangements for the sharing of profits that Australia Post and its subsidiaries acquired or disposed of during the period; and (m) include an outline of: (i) shares that Australia Post subscribed for, purchased or disposed of during the period; (ii) other business interests that Australia Post and its subsidiaries acquired or disposed of during the period; and (iii) other activities of Australia Post's subsidiaries during the period; and (n) include an outline of the exercise during the period by Australia Post and its employees of any powers to open, or examine the contents of, articles carried by or through Australia Post; and (o) include, in relation to: (i) sections 90JA, 90JE, 90JF, 90JG and 90JH; and (ii) subsections 90JC(1), (2) and (3) and 90JD(1), (6) and (7); a record of the number of times during the period that information or documents were disclosed in reliance on each section or subsection and of the persons, bodies, agencies or authorities to which information or documents were so disclosed. (2) In this section: corporate plan means the corporate plan for Australia Post under section 35 of the Public Governance, Performance and Accountability Act 2013. 44 Extra financial matters to be included in annual reports (1) The annual report on Australia Post given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must also: (a) specify the financial targets applicable to the period under the corporate plan; and (b) if the Minister has, under subsection 40(1), directed the Board to vary a financial target—specify the financial target that the Minister directed the Board to vary and set out the reasons given to the Board by the Minister for the direction; and (c) include an assessment of Australia Post's progress in achieving the financial targets under the corporate plan; and (d) specify the dividend paid or proposed to be paid to the Commonwealth for the period; and (e) if the Minister has, under subsection 54(3), directed the payment of a dividend, or a different dividend, for the period—specify the recommendation made by the Board to the Minister in relation to the dividend for the period; and (f) include particulars of any amounts of capital repaid to the Commonwealth during the period; and (g) include an assessment of: (i) the cost of carrying out Australia Post's community service obligations; (ii) the cost of performing Australia Post's functions in a way consistent with any government policy orders that apply in relation to Australia Post under section 22 of the Public Governance, Performance and Accountability Act 2013 for the period; and (iii) the cost of implementing any directions given by the Minister under section 49; and (iv) the cost of any other obligations of Australia Post under this or any other Act that require it to act otherwise than in accordance with normal commercial practice; and (h) include the financial information that the Minister requests in relation to each of the following categories of Australia Post's activities: (i) the reserved services (taken as a whole); (ii) its other activities (taken as a whole). (2) A request under paragraph (1)(h) must be made by notice in writing given to Australia Post. (3) In this section: corporate plan means the corporate plan for Australia Post under section 35 of the Public Governance, Performance and Accountability Act 2013. 49 Minister may give directions to the Board (1) Subject to subsection (2), the Minister may, after consultation with the Board, give to the Board such written directions in relation to the performance of Australia Post's functions as appear to the Minister to be necessary in the public interest. (2) The Minister shall not give a direction under subsection (1) in relation to: (a) rates of postage; or (b) amounts to be charged for work done, or services, goods or information supplied, by Australia Post. (3) Where the Minister gives a direction under subsection (1), the Minister shall cause a copy of the direction to be laid before each House of the Parliament within 15 sitting days of that House after giving the direction. 50 Australia Post and Board not otherwise subject to government direction Except as otherwise provided by or under this or any other Act, Australia Post and its Board are not subject to direction by or on behalf of the Australian Government. Part 4A—Monitoring of Australia Post Division 2—Role of the ACCC 50H ACCC may require Australia Post to keep records (1) The ACCC may require Australia Post to keep records: (a) about the matters specified by the ACCC; and (b) in the manner and form specified by the ACCC. (2) Without limiting subsection (1), the ACCC must require Australia Post to keep records about its reserved services. (3) Australia Post must give the ACCC: (a) copies of records kept under subsections (1) and (2); or (b) details about information contained in those records; on request by the ACCC: (c) in the manner and form specified by the ACCC; and (d) within the time specified by the ACCC. (4) The ACCC may only require Australia Post to keep records under subsection (1) about matters that are relevant to the following: (a) the performance of the ACCC's functions in relation to prices surveillance and to section 32B of this Act; (b) the financial relationship between parts of Australia Post's business that relate to reserved services and parts that do not; (c) the financial relationship between different parts of Australia Post's business that relate to reserved services. 50I ACCC may publish reports analysing records The ACCC may prepare and publish reports analysing information given to the ACCC under subsection 50H(3). 50J Minister may direct ACCC to report (1) The Minister may direct the ACCC to do either or both of the following: (a) prepare; (b) publish; a report analysing the information in records kept under subsections 50H(1) and (2). (2) The ACCC must comply with a direction under subsection (1). 50K Publication of confidential information A report published under section 50I or 50J may include information that Australia Post claims is commercial‑in‑confidence information if the ACCC is satisfied: (a) that the claim is not justified; or (b) that it is in the public interest to publish the information. Part 5—Finance 51 Determination of Australia Post's initial capital under Act (1) The Minister shall, as soon as practicable after the commencement of this Act and after consultation with the Board, determine the amount of Australia Post's initial capital under this Act. (2) In making the determination, the Minister shall have regard to any relevant advice that the Board has given to the Minister. (3) The determination shall be made in writing. 52 Australia Post's capital (1) Australia Post's capital is equal to the sum of: (a) the amount of Australia Post's initial capital under this Act (as determined by the Minister under subsection 51(1)); (b) any part of Australia Post's liabilities to the Commonwealth at the commencement of this Act that is subsequently converted into capital at the direction of the Minister; (c) any amounts paid to Australia Post after the commencement of this Act out of money appropriated by the Parliament for the purpose of providing capital; and (d) any part of Australia Post's reserves that, after the commencement of this Act, is converted into capital at the direction of the Minister after consultation with the Board; less any amounts of capital repaid under subsection (2). (2) Interest is not payable to the Commonwealth on Australia Post's capital, but the capital is repayable to the Commonwealth at such times, and in such amounts, as the Minister directs after consultation with the Board. (3) In giving such a direction, the Minister shall have regard to any advice that the Board has given to the Minister in relation to Australia Post's financial affairs. (4) A direction under this section shall be given in writing. 53 Revaluation of assets The Board shall ensure that, at least once every 5 years, Australia Post's assets are revalued in accordance with normal commercial practice. 54 Payments of dividends to Commonwealth (1) The Board shall, within 4 months after the end of each financial year, by written notice to the Minister, recommend that Australia Post pay a specified dividend, or not pay a dividend, to the Commonwealth for the financial year. (2) In making the recommendation, the Board shall have regard to the matters referred to in section 38 (other than the matter referred to in paragraph (a)). (3) The Minister shall, within 45 days after receiving the recommendation, by written notice to the Board, either: (a) approve the recommendation; or (b) direct the payment of a dividend or a different specified dividend, as the case requires. (4) In exercising powers under subsection (3), the Minister shall have regard to: (a) the matters referred to in section 38 (other than the matters referred to in paragraphs (a) and (f)); and (b) any other matters the Minister considers appropriate. (4A) If the Minister gives a direction under paragraph (3)(b), the Minister must cause a copy of the direction to be laid before each House of the Parliament within 15 sitting days of that House after giving the direction. (5) Australia Post's dividend for a financial year shall not exceed its profit for the year, after provision has been made for income tax. (6) Subject to section 55, the dividend payable for a financial year shall be paid within 6 months after the end of the financial year or such further period as the Minister directs after consultation with the Board. (7) In exercising powers under su