Commonwealth Numbered Acts

POSTAL SERVICES ACT 1975 No. 54, 1975 - SECT 22

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.