Commonwealth Numbered Acts

POSTAL SERVICES AMENDMENT ACT 1988 No. 126, 1988 - SCHEDULE 1

SCHEDULE 1
Section 21
CONSEQUENTIAL AND MINOR AMENDMENTS OF PRINCIPAL ACT
PART I-AMENDMENTS TO COMMENCE ON ROYAL ASSENT Subsection 3 (1) (definition of
"approved bank"):
Omit the definition. Subsection 3 (1) (definition of "employee"):
Omit "by the Commission". Subsection 3 (1) (definition of "Service"):
Omit "Australian Postal Commission". Heading to Part V:
Omit "OF THE COMMISSION". Section 75D:
Repeal the section. Subsection 75E (1):
Omit "sections 75A and 75B", substitute "section 75B". Section 105A:
Omit all the words after "Commission" (last occurring).
PART II-AMENDMENTS RELATING TO CORPORATION AND BOARD
1. The following provisions of the Principal Act are amended by omitting
"Commission" (wherever occurring) and substituting "Corporation":
Sections 3 (1) (definition of "authorized person") and (2), 6, 7 (3) and (4),
9, 10, 10A, 10B, 10C, 11, 12, 13, 14, 15, 16 (1), 17, 19 (5) and (6), 20 (1),
22 (1), 23 (2) and (4), 74 (2) and (3), 75, 75A (1), (2) and (8), 75B (1) and
(2), 75C, 78, 79 (1) and (2), 83, 84 (1) and (4), 85, 86, 87, 89, 91, 92, 93,
94, 95 (2), 96, 97, 99, 100 (2), 102 (1C) and (1D), 104, 105A, 106, 107, 108,
109, 110, 111, 112, 113, 114, 114A and 114B.
2. The following provisions of the Principal Act are amended by omitting
"Commission" (wherever occurring) and substituting "Board":
Sections 18 (1), (4), (5) and (6), 19 (4) and (7), 74 (5), 102 (1A) and (1B)
and 115 (1).
3. The Principal Act is further amended as follows:
Subsection 3 (1) (definitions of "Chairman", "Chief General Manager",
"Commission", "Commissioner", "Deputy Chairman", "Managing Director" and
"part-time Commissioner"):
Omit the definitions. Subsection 3 (1):
Insert the following definitions:

" 'Board' means the Board of Directors of the Corporation;
'Chairperson' means the Chairperson of the Board;
'Corporation' means the Australian Postal Corporation;
'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;
'government director' means a director who was an officer of the Australian
Public Service at the time of his or her appointment;
'Managing Director' means the Managing Director of the Corporation;".
Subsection 7 (1):
Omit the subsection, substitute the following subsection:

"(1) The functions of the Corporation shall be performed in such a manner as
will best meet the social, industrial and commercial needs of the Australian
people for postal services, and its postal services shall, so far as it is, in
the opinion of the Board, reasonably practicable to do so, be made available
throughout Australia for all people who reasonably require those services.".
Subsection 7 (2):
Omit "In performing its functions in accordance with subsection (1), the
Commission-", substitute "In the performance of the Corporation's functions in
accordance with subsection (1):". Paragraph 7 (2) (a):
Omit the paragraph, substitute the following paragraph:

"(a) directions given to the Board under section 26 shall be complied with;
and". Paragraph 7 (2) (b):
Omit "shall have regard to-", substitute "regard shall be had to:".
Subparagraphs 7 (2) (b) (i) and (ii):
Omit "its", substitute "the Corporation's". Section 8:
Repeal the section. After section 12:
Insert the following section in Part II: Seal of Corporation

"12A. (1) The seal of the Corporation shall be kept in such custody as the
Board directs and shall be used only as directed by the Board.

"(2) All courts, judges and persons acting judicially shall take judicial
notice of the seal of the Corporation appearing on a document and shall
presume that it was properly affixed.". Subsection 18 (2):

   (a)  Omit "Commission" (first occurring), substitute "Board".

   (b)  Omit "Commission" (last occurring), substitute "Corporation".
        Subsection 18 (3):

   (a)  Omit "Commission" (first, second, fourth and last occurring),
        substitute "Board".

   (b)  Omit "Commission" (third and fifth occurring), substitute
        "Corporation". Subsection 19 (1):

   (a)  Omit "Commission" (first, fourth and fifth occurring), substitute
        "Corporation".

   (b)  Omit "Commission" (second, third and last occurring), substitute
        "Board". Subsection 19 (2):

   (a)  Omit "Commission" (other than second and last occurring), substitute
        "Corporation".

   (b)  Omit "Commission" (second and last occurring), substitute "Board".
        Subsection 19 (3):

   (a)  Omit "Commission" (first and second occurring), substitute "Board".

   (b)  Omit "Commission" (last occurring), substitute "Corporation".
        Subsection 19 (7):
Omit "its", substitute "the Corporation's". Subsections 21 (1) and (2):
Omit "the Commission" (wherever occurring), substitute "the Corporation".
Subsection 76 (1):
Omit "Commission" (first occurring), substitute "Board". Paragraph 76 (1) (a):
Omit "Commission", substitute "Corporation". Paragraph 76 (1) (b):

   (a)  Omit "Commission" (other than second occurring), substitute
        "Corporation".

   (b)  Omit "Commission" (second occurring), substitute "Board". Subsection
        76 (2):

   (a)  Omit "The Commission shall", substitute "The Board shall, consistently
        with its duty under subsection (1), ensure that the Corporation".

   (b)  Omit "operate", substitute "operates".

   (c)  Omit "make", substitute "makes".

   (d)  Omit "Commission" (last occurring), substitute "Corporation".

   (e)  Omit ", consistently with its duty under subsection (1)". Subsection
        79 (3):

   (a)  Omit "Commission" (first occurring), substitute "Board".

   (b)  Omit "Commission" (last occurring), substitute "Corporation". Section
        80:

   (a)  Omit "Commission" (first occurring), substitute "Board".

   (b)  Omit "Commission" (second, third and last occurring), substitute
        "Corporation". Section 81:

   (a)  Omit "Commission", substitute "Board".

   (b)  Omit "its receipts and expenditure", substitute "the receipts and
        expenditure of the Corporation". Before section 102:
Insert the following section in Part VIII: Application of State and Territory
laws to Corporation

"101. Subject to section 83, the Corporation 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.". Subsection 102
(1):

   (a)  Omit "Commission", substitute "Board".

   (b)  Omit "its operations", substitute "the Corporation's operations".
        Subsections 102 (1A) and (1B):
Omit "it" (wherever occurring), substitute "the Corporation". Subsection 102
(2):

   (a)  Omit "Commission" (first occurring), substitute "Board".

   (b)  Omit "Commission" (second and last occurring), substitute
        "Corporation". Subsection 102 (4):
Omit the subsection. Subsection 103 (1):

   (a)  Omit "Commission", substitute "Board".

   (b)  Omit "its", substitute "the Corporation's". Subsection 103 (2):

   (a)  Omit "Commission" (first occurring), substitute "Board".

   (b)  Omit "Commission" (last occurring), substitute "Corporation".
PART III-AMENDMENTS RELATING TO STAFF Subsection 3 (1) (definition of
"employee"):
Omit the definition, substitute the following definition:

" 'employee' means an employee of the Corporation;". Subsection 3 (1)
(definitions of "officer", "organization" and "Service"):
Omit the definitions. Paragraph 3 (2) (d):
Omit "and". Paragraph 3 (2) (e):
Omit the paragraph. Subsection 10A (6):
Omit ", an officer". Subsection 23 (1):
Omit "officer", substitute "employee". Subparagraph 76 (3) (b) (i):
Omit "officers and". Paragraph 85 (2) (e):
Omit "officer or" (first occurring). Section 91:
Omit "officer or" (first occurring). Paragraph 92 (1) (a):
Omit "officer or" (first occurring). Subsections 95 (1) and (3):
Omit "officer or". Subsections 104 (1) and (2):
Omit "officer or". Subsections 104A (1) and (2):
Omit "officer or". Subsections 109 (1) and (9):
Omit "officer or" (wherever occurring). Subparagraph 111 (3) (a) (i):
Omit "officer or". Paragraph 112 (a):
Omit "officers or". Paragraph 112 (b):
Omit "officers and". Subsection 113 (1):
Omit "officers and". Paragraph 115 (1) (a):
Omit "officers and". Paragraph 115 (1) (pa):
Add at the end "and". Paragraph 115 (1) (q):
Omit the paragraph. Paragraph 116 (d):
Omit the paragraph. Paragraph 116 (f):
Omit "officers", substitute "employees". Paragraph 116 (g):
Add at the end "and". Paragraph 116 (h):
Omit the paragraph.