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AUSTRALIAN POSTAL CORPORATION ACT 1989

Table of Provisions

PART 1--PRELIMINARY

  • 1 Short title  
  • 2 Commencement  
  • 3 Interpretation--definitions  
  • 4 Interpretation--meaning of carry by post  
  • 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  
  • 90FA Meaning of authorised discloser  
  • 90FB Meaning of authorised examiner  

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 whether or not information or document is specially protected  
  • 90K Extra situations in which use or disclosure is permitted if information or document is not specially protected  
  • 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 whether or not information or document is specially protected  
  • 90LCA Extra situations in which use or disclosure is permitted if information or document is not specially protected  
  • Subdivision C--Secondary use or disclosure by other people
  • 90LD Application of Subdivision  
  • 90LE Prohibition on secondary use or disclosure by other people  
  • 90LF Secondary use or disclosure permitted if for same purpose as original disclosure or use  
  • 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 Prohibition on opening or examining article  
  • 90P Examining without opening  
  • 90Q Undeliverable articles  
  • 90R Repair  
  • 90S Articles on which customs duty is payable etc.  
  • 90T Articles reasonably believed to consist of, or contain, certain drugs or other chemical compounds  
  • 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  

Division 4--Dealing with dangerous, offensive etc. articles

  • 90Y Articles to which Division applies  
  • 90Z Dealing with dangerous or deleterious things  
  • 90ZA Destruction of physically offensive things  
  • 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  

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 post to be taken to be Australia Post's property  
  • 102 Regulations  

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