Compilation No. 49
Compilation date: 18 October 2023
Includes amendments up to: Act No. 74, 2023
Registered: 1 November 2023
About this compilation
This is a compilation of the Australian Postal Corporation Act 1989 that shows the text of the law as amended and in force on 18 October 2023 (the compilation date ).
The notes at the end of this compilation (the endnotes ) include information about amending laws and the amendment history of provisions of the compiled law.
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self - repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
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
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
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
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
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
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
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
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
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
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
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
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
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
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
93 Delegation of Australia Post's powers
94 Delegation of Board's powers
97 Confirmation of contracts and authentication and execution of documents
98 Unclaimed money
101 Articles carried by post to be taken to be Australia Post's property
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003 .
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.