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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Postal
Services Legislation Amendment Bill 2003
No.
, 2003
(Communications, Information Technology and the
Arts)
A Bill for an Act to amend
legislation relating to postal services, and for related
purposes
Contents
Australian Communications Authority Act
1997 4
Australian Postal Corporation Act
1989 4
Trade Practices Act
1974 13
A Bill for an Act to amend legislation relating to postal
services, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Postal Services Legislation Amendment Act
2003.
This Act commences on the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
Reports in relation to prescribed performance standards
(1) Despite the repeal of section 28D of the Australian Postal
Corporation Act 1989 by item 10 of Schedule 1, the
Auditor-General’s obligations under that section continue to apply, in
relation to the financial year in which this Act commences and each previous
financial year, as if that repeal had not happened.
(2) The first financial year for which the Australian Communications
Authority must report to the Minister under section 50B of the
Australian Postal Corporation Act 1989, as inserted by item 21 of
Schedule 1, is the financial year after the financial year in which this
Act commences.
Calculations of cost of complying with community service
obligations
(3) The first financial year for which the Australian Communications
Authority is required to make a calculation under subsection 50F(1) of the
Australian Postal Corporation Act 1989, as inserted by item 21 of
Schedule 1, is the financial year after the financial year in which this
Act commences.
(4) Despite the repeal of subparagraph 44(1)(g)(i) of the Australian
Postal Corporation Act 1989 by item 20 of Schedule 1, the
assessment required by that subparagraph must be included in the annual report
to which the subparagraph applies for the financial year in which this Act
commences and each previous financial year, as if that repeal had not
happened.
(5) In preparing a corporate plan required under section 17 of the
Commonwealth Authorities and Companies Act 1997 that is given to the
Minister in:
(a) the financial year in which this Act commences; or
(b) either of the next 2 financial years after that financial
year;
the Board of Australia Post must have regard to the cost of complying with
Australia Post’s community service obligations as calculated by Australia
Post, as if the amendment of paragraph 38(g) of the Australian Postal
Corporation Act 1989 by item 19 of Schedule 1 had not
happened.
ACCC’s new obligation
(6) The Australian Competition and Consumer Commission must fulfil its
obligation under subsection 50H(2) of the Australian Postal Corporation Act
1989, as inserted by item 21 of Schedule 1, within 12 months of
the commencement of this Act.
Prescribed performance standards saved
(7) Performance standards prescribed under subsection 28C(1) of the
Australian Postal Corporation Act 1989 before that subsection was
repealed by item 10 of Schedule 1 continue to have effect after the
commencement of that item as if the standards had been prescribed under
subsection 50C(1) of the Australian Postal Corporation Act 1989 as
inserted by item 21 of Schedule 1.
Australian Communications
Authority Act 1997
1 Section 4
Insert:
ACA’s postal functions has the meaning given by
section 7A.
2 After paragraph 5(b)
Insert:
(ba) the postal functions mentioned in
section 7A;
3 After section 7
Insert:
The ACA’s postal functions are as follows:
(a) the functions conferred on the ACA by or under the Australian
Postal Corporation Act 1989;
(b) to advise the Minister on the performance of Australia Post in the
supply of postal services;
(c) to do anything incidental to or conducive to the performance of any of
the above functions.
4 Subparagraph 8(1)(b)(i)
Omit “or 7”, substitute “, 7 or 7A”.
5 At the end of subsection
50(2)
Add:
; and (h) a copy of any directions given to the ACA under subsection
50B(2) or 50E(1) of the Australian Postal Corporation Act 1989 during the
financial year.
Australian Postal
Corporation Act 1989
6 Section 3
Insert:
ACA means the Australian Communications Authority.
7 Section 3
Insert:
ACCC means the Australian Competition and Consumer
Commission.
8 Section 3
Insert:
postal functions, in relation to the ACA, has the
meaning given by section 7A of the Australian Communications Authority
Act 1997.
9 Section 3
Insert:
prescribed performance standards has the meaning given by
subsection 50C(1).
10 Division 1A of
Part 3
Repeal the Division.
11 After paragraph 30(1)(ha)
Insert:
(hb) the carriage of a letter to the provider of an aggregation service,
for the purposes of aggregation in order to use a bulk interconnection service
(within the meaning of section 32A);
12 At the end of paragraph
30(1)(ma)
Add:
; or (iii) from a member of the service to a service centre of the service
(subject to subsection (1C)); or
(iv) from a service centre of the service to a member of the service
(subject to subsections (1C) and (1D));
13 After subsection 30(1A)
Insert:
(1AA) For the purposes of paragraph (1)(hb), an aggregation
service is a service:
(a) that aggregates letters from different senders; and
(b) that is offered in order to allow the senders to use a bulk
interconnection service (within the meaning of section 32A).
14 After subsection 30(1B)
Insert:
(1C) Carriage of a letter between a service centre of a document exchange
service and a person who is a member of the service is only covered by
subparagraph (1)(ma)(iii) or (iv) if, at the time of the carriage, all of
the following apply:
(a) the person chose to become a member of the service by applying
directly to the provider of the service;
(b) the terms and conditions on which the service is provided require the
person to pay a fee periodically (at least annually) to remain a
member;
(c) the person has a unique identifier that:
(i) is not a postal address; and
(ii) does not include a street name;
for the purposes of sending and receiving letters carried by the
service;
(d) the person is entitled to send and receive letters carried by the
service;
(e) there is a separate receptacle at a service centre of the service for
the lodgment and collection of letters carried by the service that are sent to
the person or sent by the person;
(f) the person is a government agency, partnership, educational
institution, health or community service provider, charity, religious
institution or other person carrying on a business or other undertaking not of a
private or domestic nature.
(1D) Carriage of a letter from a service centre of a document exchange
service to a person who is a member of the service is not covered by
subparagraph (1)(ma)(iv) if the sender has addressed the letter using only
a postal address.
15 Section 32B
Omit “Australian Competition and Consumer Commission” (wherever
occurring), substitute “ACCC”.
Note: The heading to section 32B is altered by omitting
“interconnection”.
16 Subparagraphs 32B(1)(a)(i) and
(ii)
Repeal the subparagraphs, substitute:
(i) to inquire into a dispute, between Australia Post and a person who is
obtaining or who wishes to obtain a rate reduction for the delivery of bulk
quantities of letters by Australia Post in return for performing functions in
relation to the letters that may be performed by Australia Post, about the terms
and conditions on which a rate reduction is or would be provided to the person
(including the amount of the rate reduction); and
(ii) to make a recommendation to the Minister about those terms and
conditions; and
17 Paragraph 32B(1)(f)
Repeal the paragraph, substitute:
(f) that, despite section 49, the Minister may, if the Minister
thinks fit and after consultation with the Board, direct Australia Post to act
in accordance with a recommendation made by the ACCC under
subparagraph (a)(ii); and
18 After subsection 32B(1)
Insert:
(1A) Regulations made under paragraph (1)(f) must not authorise the
making of directions that are inconsistent with subsection 32A(2).
19 Paragraph 38(g)
After “community service obligations”, insert “, as
calculated by the ACA under section 50F”.
20 Subparagraph 44(1)(g)(i)
Repeal the subparagraph.
21 After Part 4
Insert:
The ACA must monitor the supply of postal services by Australia
Post.
(1) The ACA must, for each financial year, report to the Minister about
the following matters:
(a) the ACA’s assessment of Australia Post’s performance in
the supply of postal services in the financial year;
(b) the ACA’s assessment of the extent to which Australia Post met
the prescribed performance standards in the financial year (including the
methodology that the ACA used to make the assessment);
(c) the cost calculated by the ACA under section 50F for the
financial year (including the methodology that the ACA used to calculate the
cost);
(d) any matters that the Minister has directed the ACA under
subsection (2) to include in the report;
(e) any other matters relevant to the performance of Australia Post in
supplying postal services that the ACA considers appropriate.
(2) The Minister may direct the ACA to include in a report a particular
matter relating to Australia Post’s supply of postal services.
(3) The ACA must give its report to the Minister as soon as practicable
after the end of each financial year, and in any event no later than
15 October.
(4) The Minister must cause:
(a) a copy of the report; or
(b) if subsection (5) applies—a copy of the report excluding
information covered by subsection (5);
to be laid before each House of the Parliament within 15 sitting days of
that House after the Minister received the report.
(5) The Minister may table a copy of the report that excludes any
information that Australia Post claims is commercial-in-confidence information
if the Minister is satisfied:
(a) that the claim is justified; or
(b) that it is not in the public interest to table the
information.
(1) The regulations may prescribe performance standards (the
prescribed performance standards) to be met by Australia
Post.
(2) The prescribed performance standards must relate to:
(a) the frequency, speed or accuracy of mail delivery; or
(b) the availability or accessibility of:
(i) post-boxes or other mail lodgment points; or
(ii) offices of Australia Post or other places from which Australia Post
products or services may be purchased.
(3) Without limiting subsection (1), the prescribed performance
standards may relate to methods of determining the level of mail delivery
service for a particular area.
(1) If, in a report under section 50B, the ACA reports that Australia
Post has not met a prescribed performance standard, Australia Post must, unless
the Minister considers it unnecessary in the circumstances, prepare a service
improvement plan to ensure it meets that standard as soon as
practicable.
(2) The service improvement plan must be given to the Minister on or
before 1 March in the financial year after the financial year to which the
report relates.
(3) The Minister must cause a copy of the service improvement plan to be
laid before each House of the Parliament within 15 sitting days of that House
after the Minister received the report.
(1) The Minister may direct the ACA to monitor and report to the Minister
on specified matters relating to Australia Post’s supply of postal
services.
(2) The ACA must comply with a direction under
subsection (1).
(3) The Minister may publish the report.
(4) The Minister may publish a copy of the report that excludes any
information that Australia Post claims is commercial-in-confidence information
if the Minister is satisfied:
(a) that the claim is justified; or
(b) that it is not in the public interest to publish the
information.
(1) The ACA must, after the end of each financial year, calculate the cost
to Australia Post of carrying out the community service obligations for the
financial year.
(2) For the purposes of a financial target to be included in the corporate
plan that the Board is required to prepare each year under section 17 of
the Commonwealth Authorities and Companies Act 1997, the ACA must
calculate the estimated cost to Australia Post of carrying out the community
service obligations for the period the plan is to cover.
(3) The ACA must notify Australia Post each year of the costs it
calculates under subsections (1) and (2). The notice must include a
statement of the methodology used to calculate the costs.
Note: The Minister will receive a report about these costs.
See paragraph 50B(1)(c).
(4) Notice of the cost calculated under subsection (2) must be given
in sufficient time each year to enable the Board to use the calculation in the
corporate plan to be prepared that year.
(1) The ACA may require Australia Post to keep records:
(a) about the matters specified by the ACA; and
(b) in the manner and form specified by the ACA.
(2) Australia Post must give the ACA copies of those records on request by
the ACA:
(a) in the manner and form specified by the ACA; and
(b) within the time specified by the ACA.
(3) Australia Post must give the ACA any other information it requests
(including details about the information contained in records kept under
subsection (1)):
(a) in the manner and form specified by the ACA; and
(b) within the time specified by the ACA.
(4) The ACA may only require Australia Post to keep records or give the
ACA information about matters relevant to the performance of the ACA’s
postal functions.
(1) The ACCC may require Australia Post to keep records:
(a) about the matters specified by the ACCC; and
(b) in the manner and form specified by the ACCC.
(2) Without limiting subsection (1), the ACCC must require Australia
Post to keep records about its reserved services.
(3) Australia Post must give the ACCC:
(a) copies of records kept under subsections (1) and (2);
or
(b) details about information contained in those records;
on request by the ACCC:
(c) in the manner and form specified by the ACCC; and
(d) within the time specified by the ACCC.
(4) The ACCC may only require Australia Post to keep records under
subsection (1) about matters that are relevant to the following:
(a) the performance of the ACCC’s functions in relation to prices
surveillance and to section 32B of this Act;
(b) the financial relationship between parts of Australia Post’s
business that relate to reserved services and parts that do not;
(c) the financial relationship between different parts of Australia
Post’s business that relate to reserved services.
The ACCC may prepare and publish reports analysing information given to
the ACCC under subsection 50H(3).
(1) The Minister may direct the ACCC to do either or both of the
following:
(a) prepare;
(b) publish;
a report analysing the information in records kept under subsections 50H(1)
and (2).
(2) The ACCC must comply with a direction under
subsection (1).
A report published under section 50I or 50J may include information
that Australia Post claims is commercial-in-confidence information if the ACCC
is satisfied:
(a) that the claim is not justified; or
(b) that it is in the public interest to publish the
information.
22 After section 56
Insert:
(1) The Minister may direct Australia Post to pay a specified amount to
the Commonwealth for a financial year, based on the Minister’s estimate
of:
(a) the ACA’s costs in performing its postal functions;
and
(b) the ACCC’s costs in performing its functions under this
Act;
for the financial year.
(2) The direction may relate to costs that have not yet been
incurred.
(3) If, after the end of the financial year, the Minister determines
that:
(a) the ACA’s actual costs; or
(b) the ACCC’s actual costs;
are lower than the amount paid by Australia Post in respect of that year,
then the Commonwealth must pay the difference to Australia Post.
(4) If, after the end of a financial year, the Minister determines
that:
(a) the ACA’s actual costs; or
(b) the ACCC’s actual costs;
are higher than the amount paid by Australia Post in respect of that year,
then the Minister may direct Australia Post to pay to the Commonwealth an amount
not exceeding the difference.
(5) Despite subsections (3) and (4), no amount is payable after the
end of a financial year if the difference between the actual costs and the
amount paid by Australia Post in respect of that year is $1,000 or
less.
(6) The Consolidated Revenue Fund is appropriated for the purposes of
payments under subsection (3).
(7) In this section:
costs means an amount that, in accordance with accrual-based
accounting principles, is treated as a cost.
23 Paragraph 90J(6)(c)
Repeal the paragraph, substitute:
(c) the Crime and Misconduct Act 2001 of Queensland; or
24 Paragraph 90LC(5)(c)
Repeal the paragraph, substitute:
(c) the Crime and Misconduct Act 2001 of Queensland; or
25 Subsection 25(1)
Omit “or Rules of Conduct under Part 20 of the
Telecommunications Act 1997”, substitute “, Rules of Conduct
under Part 20 of the Telecommunications Act 1997 or the
Australian Postal Corporation Act 1989”.