AUSTRALIAN POSTAL CORPORATION ACT 1989 - SECT 33A Postage stamps not to be sold etc. for less than usual retail price

AUSTRALIAN POSTAL CORPORATION ACT 1989 - SECT 33A

  (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.