Australian Postal Corporation Act 1989 (Cth)

Australian Postal Corporation Act 1989

No. 64, 1989

Compilation No. 50

Compilation date: 9 January 2025

Includes amendments: Act No. 61, 2024

About this compilation

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 9 January 2025 (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.

Uncommenced amendments

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.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Interpretation—definitions 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 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 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 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 in performance of duties 90JA Permitted disclosure under warrant 90JB Permitted disclosure as a witness 90JC Permitted disclosure under law 90JD Permitted disclosure to various persons 90JE Permitted disclosure to reduce threat to life or health 90JF Permitted disclosure for purposes of law enforcement or protection of public revenue 90JG Permitted disclosure under Universal Postal Union instrument 90JH Permitted disclosure to assist in notification of next of kin 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 Subdivision C—Secondary use or disclosure by other people 90LD Application of Subdivision 90LE Prohibition on secondary use or disclosure by other people 90LF Circumstances in which secondary use or disclosure permitted 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 Offence—opening article or examining article or its contents 90P Examining without opening 90Q Undeliverable articles 90R Repair 90S Articles on which duties or taxes are payable or that are carried in contravention of law 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 90XA Same person may do several things Division 4—Dealing with dangerous, offensive etc. articles 90Y Articles to which Division applies 90Z Dealing with explosive, dangerous or injurious things etc. 90ZA Destruction of physically offensive things 90ZAA Compensation for acquisition of property 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 92 Australia Post not to bear cost of examination of goods by customs officer 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 or through Australia Post taken to be Australia Post's property 102 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history