AUSTRALIAN POSTAL CORPORATION ACT 1989


http://www.austlii.edu.au/au/legis/cth/consol_act/apca1989337/

Commonwealth Consolidated Acts

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AUSTRALIAN POSTAL CORPORATION ACT 1989 

TABLE OF PROVISIONS

           Long Title

   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

   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

   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

   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

   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

   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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