30Exceptions to reserved services

#### 30 Exceptions to reserved services (1) The reserved services do not include any of the following: (a) the carriage of a letter weighing more than 250 grams unless the letter consists of an envelope, packet, parcel, container or wrapper containing 2 or more separate letters; (b) the carriage of a letter relating to goods that is sent and delivered with the goods; (c) the carriage of a newspaper, magazine, book, catalogue or leaflet, whether or not directed to a particular person or address and whether or not enclosed in any sort of cover; (d) the carriage of a letter otherwise than for reward; (e) the carriage of a letter within Australia for a charge or fee that is at least 4 times the then rate of postage for the carriage within Australia of a standard postal article by ordinary post; (g) the carriage of a letter by the sender or an officer or employee of the sender; (ga) the carriage of a letter from an office of the individual or organisation sending the letter to another office of that individual or organisation; (h) the carriage of a letter to or from: (i) the nearest office of Australia Post; or (ii) another office of Australia Post authorised by it; (ha) the carriage of a letter to an office of Australia Post where it is then lodged for delivery under a bulk interconnection service (within the meaning of section 32A); (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); (j) the carriage of a letter on behalf of Australia Post under an agreement with it; (k) the carriage of a letter that, under the terms and conditions on which Australia Post supplies postal services, is not a postal article; (m) the carriage of writs, warrants or other documents required or permitted to be served, given or sent under the practice and procedure of any court or tribunal; (ma) the carriage of a letter, in the course of a document exchange service: (i) from one service centre of the service to another service centre of the service; or (ii) within a service centre of the service; 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)); (n) the carriage of a letter solely by any electromagnetic or other non‑physical means; (p) the carriage of letters by or on behalf of a foreign country under a convention; (q) any service that, under the regulations, is not reserved to Australia Post. (1A) For the purpose of paragraph (1)(ga): (a) the reference to an office of an individual or organisation includes a reference to any place where the individual or organisation carries on business or conducts operations; and (b) a place where a business is conducted under a franchise agreement or arrangement is an office of the franchisee but is not, merely because that business is conducted there, an office of the franchisor; and (c) subject to paragraph (d), the reference to an organisation is a reference to: (i) a body corporate; or (ii) a partnership; or (iii) a Department of State of the Commonwealth or of a State; or (iv) a Department or administrative unit of the Public Service of a Territory; or (v) a body, authority, agency or service, whether incorporated or not, established by the Commonwealth or a State or Territory, or by or under a law of the Commonwealth or a State or Territory; or (vi) any other unincorporated body; and (d) if a body, authority, agency or service covered by subparagraph (c)(v) is also part of a Department or administrative unit covered by subparagraph (c)(iii) or (iv), the body, authority, agency or service is taken to be an organisation that is separate from the organisation constituted by that Department or administrative unit. (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). (1B) For the purposes of paragraph (1)(ma), a service centre of a document exchange service is a place conducted by, or under the control of, the provider of the service where, under the terms of the service, all persons who, under those terms, are entitled to use the service may: (a) deposit documents for carriage by the service; and (b) collect documents carried by the service. (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: (i) is a registered charity; or (ii) is a government agency, partnership, educational institution, health or community service provider or other person carrying on a business or other undertaking not of a private or domestic nature, but is not a charity. (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. (2) A regulation made for the purposes of paragraph (1)(q) may not commence earlier than the day after the last day on which the regulation may be disallowed under Part 2 of Chapter 3 of the Legislation Act 2003.