Division 8—Powers and Functions of the Commonwealth Conciliation and Arbitration Commission in respect of the Service
Interpretation.
- (1) In this Division, unless the contrary intention appears—
“Conciliation and Arbitration Commission” means the Conciliation and Arbitration Commission established by the Conciliation and Arbitration Act 1904-1974;
“industrial dispute in respect of the Service” means a dispute (including a threatened, impending or probable dispute) as to an industrial matter in respect of the Service, and includes—
(a) a part of an industrial dispute in respect of the Service;
(b) an industrial dispute in respect of the Service so far as it relates to a matter in dispute; or
(c) a question arising in relation to an industrial dispute in respect of the Service;
“industrial matter in respect of the Service” means any matter in relation to the salaries, wages, rates of pay or other terms or conditions of service or employment of officers or employees, and includes questions arising in relation to such a matter;
“industrial question in respect of the Service” means—
(a) an industrial dispute in respect of the Service; and
(b) an industrial matter in respect of the Service;
“prescribed” means prescribed by regulations made under this Act.
(2) Subject to sub-section (1), expressions used in this Division that are defined by section 4 of the Conciliation and Arbitration Act 1904-1974 have in this Division the same respective meanings as they have in that Act.
(3) Officers and employees shall be deemed to be employees in an industry within the meaning of the Conciliation and Arbitration Act 1904-1974.
Settlement of industrial disputes and determination of industrial matters in respect of the Service.
- (1) The Conciliation and Arbitration Commission is empowered—
(a) to prevent or settle, by conciliation or arbitration, industrial disputes in respect of the Service; and
(b) to hear and determine industrial matters in respect of the Service submitted to it.
(2) In relation to an industrial question in respect of the Service, the Conciliation and Arbitration Commission may, where it thinks it proper to do so, make an award that, in the opinion of the Conciliation and Arbitration Commission, is not, or may not be, in accord with this Part or with any other law of Australia relating to salaries, wages, rates of pay or terms and conditions of service or employment of officers and employees, not being—
(a) the Compensation (Australian Government Employees) Act 1971-1974, the Commonwealth Employees’ Furlough Act 1943-1973 or the Superannuation Act 1922-1974; or
(b) any other prescribed Act or the prescribed provisions of any other Act.
Application of provisions of Conciliation and Arbitration Act.
- (1) Subject to this Division, Division 1 of Part III of the Conciliation and Arbitration Act 1904-1974 extends to and in relation to the powers and functions of the Conciliation and Arbitration Commission under this Division, to and in relation to proceedings under this Division and to and in relation to awards made under this Division.
(2) In the application of Division 1 of Part III of the Conciliation and Arbitration Act 1904-1974 in accordance with sub-section (1) of this section—
(a) references to industrial disputes shall be read as references to industrial questions in respect of the Service;
(b) references to the parties to an industrial dispute shall be read, in relation to the powers of the Commission under paragraph 70(1)(b) of this Act, as references to employees to whose employment the industrial disputes or industrial matters relate, the Australian Postal Commission and organizations of which any such employees are members; and
(c) references to arbitration shall be read as including references to the hearing and determination of industrial matters in respect of the Service.
Awards deemed to be made under Conciliation and Arbitration Act.
- An award made under this Division shall, for the purposes of the Conciliation and Arbitration Act 1904-1974, be deemed to have been made under that Act.
Public Service Arbitration Act not to apply.
- The Public Service Arbitration Act 1920-1973 does not apply in relation to the employment of officers or employees of the Commission.
PART VI—FINANCE
Capital.
- (1) The Treasurer shall determine—
(a) the amount that should, in his opinion, be taken to be the value of the rights, property and assets vested in the Commission in accordance with paragraph 29(1)(a) of the Transitional Provisions Act having regard to the values of the assets of Australia by reference to which the amounts shown in the Balance Sheet, as at the date immediately preceding the commencing date, of the Australian Post Office Services as the values of the assets referred to in that Balance Sheet were ascertained; and
(b) the amount that should, in his opinion, be taken to be the sum of the amounts of the liabilities that became the responsibility of the Commission in accordance with paragraph 29(1)(c) of the Transitional Provisions Act having regard to the amounts of the liabilities of Australia by reference to which the amounts shown in the Balance Sheet, as at the date immediately preceding the commencing date, of the Australian Post Office Services as “current liabilities” and “provision for long service leave” were ascertained.
(2) Amounts aggregating the amount by which the amount determined under paragraph (1)(a) exceeds the amount determined under paragraph (1)(b) are payable by the Commission to Australia at such times, and by such instalments, as the Treasurer, from time to time, determines.
(3) The Commission is liable to pay to Australia, at such times, and by such instalments, as the Treasurer from time to time determines, interest upon the amount by which the amount determined under paragraph (1)(a) exceeds the amount determined under paragraph (1)(b), less the sum of any amounts paid by the Commission under sub-section (2) , at such rates as the Treasurer from time to time determines.
(4) The Treasurer may, under sub-section (3), determine different rates of interest in respect of different parts of the amount in respect of which interest is payable under that sub-section.
(5) Before making a determination under this section, the Treasurer shall afford the Commission an opportunity to furnish advice concerning the proposed determination and shall have regard to any advice furnished to the Treasurer by the Commission with respect to the proposed determination.
Borrowing by the Commission.
- (1) The Commission may, with the approval of the Treasurer, borrow moneys that are from time to time necessary for the performance of its functions.
(2) The Treasurer may, on behalf of Australia, out of moneys appropriated by the Parliament for the purpose, lend to the Commission, at such rate of interest and on such terms and conditions as he determines, moneys that the Commission is authorized to borrow under sub-section (1).
(3) The Commission may give security over the whole or any part of its assets for the repayment of amounts borrowed under this section and the payment of interest on amounts so borrowed.
(4) The Treasurer may, on behalf of Australia, guarantee the repayment by the Commission of amounts borrowed under this section otherwise than from Australia and the payment of interest on amounts so borrowed.
(5) The Commission shall not borrow moneys except in accordance with this section.
Financial policy of the Commission.
- (1) In the performance of its functions, the Commission shall, in each financial year, pursue, as far as practicable, a policy directed towards having secured in respect of that year revenue sufficient—
(a) to meet all expenditure, and provision for expenditure, of the Commission properly chargeable to revenue; and
(b) to provide, for expenditure by the Commission by way of capital expenditure, a sum equal to such proportion, not being less than one-half, as the Commission deems fit, of the amount estimated to be the amount ascertained in accordance with the formula A+B–C+D–E–F+G, where–
A is the amount of the expenditure, and provision for expenditure, of the Commission, in respect of the financial year, on fixed assets, excluding any provision for depreciation and long service leave;
B is the amount shown in the Balance Sheet of the Commission in respect of the financial year as the value of “stores” at the end of the year;
C is the amount shown in that Balance Sheet as the value of “stores” at the end of the last preceding year;
D is the amount shown in that Balance Sheet as the sum of the values of all the “current assets” of the Commission at the end of the year;
E is the amount shown in that Balance Sheet as the sum of the values of all the “current assets” of the Commission at the end of the last preceding year;
F is the amount shown in that Balance Sheet as the sum of the amounts of all the “current liabilities” of the Commission at the end of the year; and
G is the amount shown in that Balance Sheet as the sum of the amounts of all the “current liabilities” of the Commission at the end of the last preceding year.
(2) The Commission shall, in the performance of its functions, operate as efficiently as possible and make available services provided by the Commission in the performance of those functions at rates and charges that are as low as practicable, consistently with its duty under sub-section (1).
(3) For the purposes of this section, the provision for expenditure properly chargeable to the revenue of a financial year includes—
(a) provision made in respect of that year for depreciation; and
(b) provision made in respect of that year for future or contingent liabilities, including—
(i) provision, as determined by the Treasurer, in respect of superannuation payments payable, or likely to become payable, in respect of officers and employees; and
(ii) provision for furlough or long service leave.
Bank accounts.
- (1) The Commission may open and maintain an account or accounts with an approved bank or approved banks and shall maintain at all times at least one such account.
(2) The Commission shall pay all moneys received by it into an account referred to in this section.
Application or moneys.
- (1) Subject to this Act, the moneys of the Commission may be applied by the Commission—
(a) in payment or discharge of the costs, expenses and other obligations of the Commission;
(b) in payment of remuneration and allowances payable to any person appointed or employed under this Act; and
(c) in making payments to Australia as provided by this Act, but not otherwise.
(2) Moneys of the Commission not immediately required for the purposes of the Commission may be invested—
(a) on fixed deposit with an approved bank;
(b) in securities of Australia; or
(c) in any other manner approved by the Treasurer.
Surplus revenue.
- (1) For the purposes of this Act, the surplus of the Commission in a financial year is the amount (if any) of revenue remaining—
(a) after meeting the expenditure and the provision for expenditure properly chargeable to that revenue; and
(b) after providing for expenditure by the Commission, by way of capital expenditure, an amount equal to one-half of the amount ascertained in accordance with the formula specified in paragraph 76(1)(b).
(2) The surplus of the Commission for a financial year shall be applied in such manner as the Minister determines.
(3) In making a determination under sub-section (2), regard shall be had to any advice that the Commission has furnished to the Minister in relation to the financial affairs of the Commission.
(4) For the purposes of this section, the provision for expenditure properly chargeable to the revenue received or receivable in respect of a financial year has the same meaning as in section 76.
Proper accounts to be kept.
- The Commission shall cause to be kept proper accounts and records of the transactions and affairs of the Commission in accordance with accounting principles generally applied in commercial practice and shall do all things necessary to ensure that all payments out of its moneys are correctly made and properly authorized and that adequate control is maintained over the assets of, or in the custody of, the Commission and over the incurring of liabilities by the Commission.
Estimates.
- The Commission shall prepare estimates, in such form as the Minister directs, of its receipts and expenditure for each financial year and, if so directed by the Minister, for any other period, and shall submit those estimates to the Minister not later than such date as the Minister directs.
Contracts.
- The Commission shall not, except with the approval of the Minister—
(a) enter into a contract involving the payment or receipt by the Commission of an amount exceeding $500,000 or, if a higher amount is prescribed by the regulations, that higher amount; or
(b) enter into a lease of land for a period exceeding 10 years.
Exemption from taxation.
- The Commission is not subject to taxation under any law of Australia or of a State or Territory.
Audit.
- (1) The Auditor-General shall inspect and audit the accounts and records of financial transactions of the Commission and records relating to assets of, or in the custody of, the Commission and shall forthwith draw the attention of the Minister to any irregularity disclosed by the inspection and the audit that is, in the opinion of the Auditor-General, of sufficient importance to justify his doing so.
(2) The Auditor-General may, in his discretion, dispense with all or any part of the detailed inspection and audit of any accounts or records referred to in sub-section (1).
(3) The Auditor-General shall, at least once in each financial year, report to the Minister the results of the inspection and audit carried out under sub-section (1).
(4) The Auditor-General or a person authorized by him is entitled at all reasonable times to full and free access to all accounts, records, documents and papers of the Commission relating directly or indirectly to the receipt or payment of moneys by the Commission or to the acquisition, receipt, custody or disposal of assets by the Commission.
(5) The Auditor-General or a person authorized by him may make copies of, or take extracts from, any such accounts, records, documents or papers.
(6) The Auditor-General or a person authorized by him may require any person to furnish him with such information in the possession of the person or to which the person has access as the Auditor-General or authorized person considers necessary for the purposes of the functions of the Auditor-General under this Act, and the person shall comply with the requirement.
(7) A person who contravenes sub-section (6) is guilty of an offence punishable, upon conviction, by a fine not exceeding $200.
PART VII—OFFENCES
Letters not to be carried for reward.
- (1) A person shall not—
(a) carry or convey a letter for reward; or
(b) cause a letter to be carried or conveyed for reward otherwise than by the Commission.
Penalty: $1,000.
(2) Sub-section (1) does not apply to—
(a) the carriage or conveyance of a letter—
(i) that exceeds 500 grams in weight; or
(ii) that is concerned only with goods and is carried or conveyed with, and delivered with, those goods;
(b) the carriage or conveyance of a letter that relates only to the affairs of a person and is carried or conveyed by an employee of the person;
(c) the carriage or conveyance of a letter from the place of business or residence of a person for posting at the nearest office of the Commission;
(d) the carriage or conveyance of a letter from an office of the Commission to the place of business or residence of the person to whom the letter is addressed; or
(e) the carriage or conveyance of a letter for the Commission by an officer or employee of the Commission, a contractor to the Commission or an officer or employee of such a contractor.
Forgery of stamps, &c.
86. (1) An envelope, letter-card, aerogramme or other article on which the Commission has caused to be impressed or printed a representation of, or a design resembling, a postage stamp indicating an amount of postage is a postal article referred to in this sub-section.
(2) A person shall not forge a postage stamp of a kind issued by the Commission or a postal article referred to in sub-section (1).
(3) A person shall not, without lawful authority or excuse, use, have in his possession or dispose of any paper or article that has affixed to it, or printed on it, a mark resembling, or apparently intended to resemble or pass for, a postage stamp issued by the Commission, knowing that it is not a postage stamp so issued.
(4) A person shall not, without lawful authority or excuse, use, have in his possession or dispose of any article resembling, or apparently intended to resemble or pass for, a postal article referred to sub-section (1), knowing that it is not such a postal article.
(5) A person shall not, without lawful authority, make, or have in his possession, any die, plate or instrument capable of making an impression in the form of, or in a form resembling, or apparently intended to resemble or pass for, a postage stamp of a kind issued by the Commission or a design of a kind impressed or printed on postal articles referred to in sub-section (1).
(6) A person shall not utter, knowing it to be forged, a postage stamp or a postal article referred to in sub-section (1).
(7) A person shall be deemed to utter a forged postage stamp or a forged postal article of the kind referred to in sub-section (1) if he tenders or puts it off, or attempts to tender or put it off, or uses or deals with it, or attempts to use or deal with it, or attempts to induce any person to use, deal with, act upon or accept it.
Penalty: Imprisonment for 10 years.
Special paper for postage stamps.
- A person shall not, without lawful authority or excuse—
(a) knowingly make, use, have in his possession, sell or dispose of paper—
(i) provided for, or used by, the Commission for the purpose of printing postage stamps; or
(ii) resembling, or apparently intended to resemble or pass for, paper provided for, or used by, the Commission for that purpose;
(b) knowingly make, use, have in his possession, sell or dispose of paper—
(i) provided for, or used by, a person other than the Commission for the purpose of printing postage stamps for the Commission; or
(ii) resembling, or apparently intended to resemble or pass for, paper provided for, or used by, a person other than the Commission for that purpose; or
(c) knowingly make, use, have in his possession, sell or dispose of any instrument or thing for making a mark resembling, or apparently intended to resemble or pass for, any distinctive mark used on any paper especially provided for the purpose of the printing of postage stamps by or on behalf of the Commission.
Penalty: Imprisonment for 4 years.
Fraudulently removing stamps.
- (1) A person shall not, with intent to defraud—
(a) remove from a postal article sent by post any postage stamp affixed to the article;
(b) remove from a postage stamp that has previously been used any postmark made on the stamp; or
(c) use for postal purposes a postage stamp that has previously been used for postal purposes or has been obliterated or defaced.
Penalty: Imprisonment for 1 year.
(2) In any proceedings for an offence against paragraph (1)(c), proof that the person charged with the offence caused the postal article to be posted is prima facie evidence that he used the stamp affixed to the postal article for postal purposes.
Retaining or secreting postal articles.
- Where–
(a) a person finds a postal article which appears to be in the course of the post or to have been lost in the course of the post or of delivery to the post; or
(b) a postal article is wrongly delivered to a person by or on behalf of the Commission,
the person shall not wilfully retain, secrete, keep or detain the article.
Improperly obtaining postal articles.
- A person shall not, by a false pretence or false statement, obtain delivery of a postal article sent by post, being an article that is not addressed to that person.
Penalty: Imprisonment for 5 years.
Wrongful delivery of postal articles.
- An officer or employee of the Commission, a contractor to the Commission or an officer or employee of such a contractor shall not wilfully deliver a postal article sent by post to a person other than the person to whom it is addressed or his authorized agent.
Penalty: $1,000.
Stealing postal articles.
- (1) A person shall not—
(a) with intent to defraud, take from the possession of an officer or employee of the Commission, a contractor to the Commission or an officer or employee of such a contractor;
(b) with intent to defraud, take from any place appointed by the Commission for the receipt or delivery of postal articles; or
(c) steal, fraudulently misappropriate, convert to his own use, secrete or destroy,
any mail, any postal article in the course of the post or any part of such a postal article.
(2) A person shall not receive any mail, any postal article sent by post or any part of such an article knowing that the mail, the article, or the part of the article, as the case may be, had been fraudulently taken, stolen, misappropriated or secreted.
Penalty: Imprisonment for 7 years.
Tampering with the mail.
- A person shall not—
(a) open any mail or any postal article in the course of the post unless he is authorized to do so by the Commission or by the addressee; or
(b) with intent to defraud, open or tamper with any mail or any postal article in the course of the post and addressed to another person.
Obstructing conveyance of mail.
- A person shall not wilfully obstruct or hinder the conveyance or delivery by or on behalf of the Commission of any mail or postal article. Penalty: Imprisonment for 1 year.
Obstructing officers.
- (1) A person shall not assault or wilfully obstruct an officer or employee in the execution of his duty.
(2) A person shall not, while in or upon any premises used in connexion with the performance of its functions, behave in a disorderly manner or obstruct or hinder the doing, by or on behalf of the Commission, of any act or thing that the Commission is authorized by this Act to do, including the provision of any service that the Commission is so authorized to provide.
(3) An officer or employee who has reasonable grounds for believing that a person is acting in contravention of sub-section (2) may require the person to leave the premises and, if the person refuses or fails to comply with the request, may, with such assistance as he deems necessary, remove the person from that place.
Injury to property of Commission.
- (1) A person shall not, without the authority of the Commission, wilfully tamper with, injure, damage or destroy a receptacle or box for the reception of postal articles, a stamp vending machine belonging to the Commission or any notice affixed to property of the Commission.
(2) A person shall not, without the authority of the Commission, wilfully alter, interfere with or obliterate any writing or marking on a receptacle or box for the reception of postal articles, on a stamp vending machine or on any notice affixed to property of the Commission.
Offensive substances in postal boxes.
- (1) A person shall not put, or cause to be put, into an office of the Commission or a receptacle or box for the reception of postal articles, any fire, match or light, or any filthy, offensive, or noxious material or matter.
(2) A person shall not commit any nuisance in or against any office of the Commission or any receptacle or box for the reception of postal articles.
Arrest without warrant.
- A person may, without warrant, arrest another person if he has reasonable grounds to believe that that other person has committed an offence against section 96 or sub-section 97(1).
Delivery of mail from vessels and aircraft.
- Where mail is carried to Australia on a vessel or aircraft for delivery in Australia, the master of the vessel, or the person in charge of the aircraft, shall, upon demand by a person authorized by the Commission, deliver the mail or a part of the mail to which the demand relates to that person or in accordance with his directions.
Sending explosives through the post.
- Except with the approval of the Commission and upon compliance with such conditions as are determined by the Commission, a person shall not send by post a postal article that encloses or contains an explosive, dangerous, or deleterious substance.
Penalty: Imprisonment for 10 years.
PART VIII—MISCELLANEOUS
Superannuation.
- (1) The Commission is an approved authority for the purposes of the Superannuation Act 1922-1974.
(2) For the purposes of sub-sections 4(3a) and (4) of that Act, the Managing Director, the Chief General Manager and any person appointed as a full-time Chairman of a Promotions Appeal Board shall each be taken to be a person who is required, by the terms of his appointment, to give the whole of his time to the duties of his office.
(3) For the purposes of sections 145 and 146 of that Act, the Managing Director, the Chief General Manager and any person appointed as a full-time Chairman of a Promotions Appeal Board shall each be deemed to be employed by the Commission.
(4) For the purposes of that Act, the termination of the appointment—
(a) of the Managing Director under section 30;
(b) of the Chief General Manager under section 36; or
(c) of a full-time Chairman of a Promotions Appeal Board,
by reason of physical or mental incapacity shall be deemed to be retirement on the ground of invalidity.
(5) Nothing in this Act authorizes the provision of superannuation benefits for a person appointed or employed under this Act otherwise than under the Superannuation Act 1922-1974.
Annual report.
- (1) The Commission shall, as soon as practicable after each 30 June, prepare and furnish to the Minister a report of its operations during the financial year ended on that date together with a Balance Sheet and other financial statements in respect of that year in such form as the Treasurer approves.
(2) Before furnishing financial statements to the Minister, the Commission shall submit them to the Auditor-General, who shall report to the Minister—
(a) whether the statements are based on proper accounts and records;
(b) whether the statements are in agreement with the accounts and records and show fairly the financial transactions and the state of the affairs of the Commission;
(c) whether the receipt, expenditure and investment of moneys, and the acquisition and disposal of assets, by the Commission during the year have been in accordance with this Act; and
(d) as to such other matters arising out of the statements as the Auditor-General considers should be reported to the Minister.
(3) The Minister shall cause the report and the financial statements together with the report of the Auditor-General to be laid before each House of the Parliament within 15 sitting days of that House after its receipt by the Minister.
(4) The first report and financial statements to be prepared by the Commission under this section shall relate to the period commencing on the commencing date and ending on 30 June 1976.
Further reports.
- (1) The Commission shall, upon request by the Minister, furnish to the Minister such reports, documents and information concerning its operations as the Minister specifies.
(2) The Commission shall, at all times, keep the Minister informed concerning the operations of the Commission.
Protections from actions.
- (1) Proceedings do not lie against the Commission, an officer or employee of the Commission, a person acting for or on behalf of the Commission under a contract with the Commission or an employee of such a person in respect of any loss or damage suffered by a person by reason of any default, delay, error, omission or loss in the receipt, transmission or delivery of postal articles or of money by post or of articles transmitted by the courier service.
(2) Where money transmitted by post is paid to the person applying for payment of the money, the Commission is not liable to any person in respect of the payment of those moneys unless the officer or employee making payment of the moneys is guilty of fraud or wilful misbehaviour in connexion with the payment of the moneys.
(3) A reference in this section to the receipt, transmission or delivery of postal articles includes a reference to any dealing with postal articles in a manner provided for by the regulations or the By-laws.
Offences—how dealt with.
- (1) An offence against this Act, other than an offence that may, apart from this section, be dealt with summarily, may be prosecuted summarily or upon indictment or, where the law of the State or Territory in which the proceedings are brought makes provision for an offender who pleads guilty to a charge to be dealt with by the court otherwise than on indictment, the court may deal with the offender in accordance with that law.
(2) Nothing in sub-section (1) renders the offender liable to be punished more than once for an offence.
(3) Where proceedings for an offence against this Act are brought in a court of summary jurisdiction, the court may commit the defendant for trial or to be otherwise dealt with in accordance with law or with the consent of the defendant and of the prosecutor may, if the court is satisfied that it is proper to do so, determine the proceedings summarily, but the court shall not impose a penalty exceeding a fine of $1,000 or imprisonment for a period exceeding 6 months in respect of the offence.
(4) In this section a reference to an offence against this Act includes a reference to an offence against the regulations or the By-laws.
Reward for information as to damage to property.
- Where the Commission learns, as a result of information furnished to the Commission by a person, the identity of a person who has wilfully destroyed, damaged, defaced, removed or interfered with property belonging to, or under the control of, the Commission, the Commission may pay to that first-mentioned person, by way of reward, a sum determined by the Commission but not exceeding $100 or such higher amount as may be prescribed by the regulations.
Unclaimed moneys.
- (1) Where moneys received by the Commission for transmission to a person have remained unclaimed for a period of 1 year after the moneys become payable to that person, the moneys shall be paid by the Commission into an account kept by the Commission to be called the Unclaimed Moneys Fund.
(2) Notwithstanding the payment of moneys into the Unclaimed Moneys Fund, the Commission shall, upon being satisfied while the moneys are in that Fund that a person is entitled to the payment of the moneys or a part of the moneys, pay an amount equal to the amount of those moneys or of that part to that person out of that Fund and the receipt by him of that amount is a good discharge to the Commission in respect of those moneys or that part of those moneys.
(3) Where moneys have remained in the Unclaimed Moneys Fund for a period of 5 years, the moneys shall be paid out of the Unclaimed Moneys Fund into the Consolidated Revenue Fund.
(4) Where moneys have been paid out of the Unclaimed Moneys Fund in accordance with sub-section (3), the Commission ceases to be liable to make any payments to any person in respect of the moneys or the matter to which the moneys relate but, if the Treasurer is satisfied that special reasons exist for doing so, the Treasurer may nevertheless make a payment to a person who satisfies the Treasurer that he is entitled to a payment in respect of those moneys or of such a matter.
Postal articles deemed to be property of the Commission.
- For the purpose of any legal proceedings with respect to and for the purpose of any prosecution for an offence with respect to any mail or to a postal article sent by post or under the control of the Commission, the mail or postal article shall be deemed to be, while in the post or under the control of the Commission, the property of the Commission.
Attachment of salaries.
- (1) Where judgment has been given by a court against an officer or employee for the payment of a sum of money, the person in whose favour the judgment is given may serve on the Commission a copy of the judgment, certified under the hand of the registrar or other proper officer of the court, and a statutory declaration stating that the judgment has not been satisfied by the judgment debtor and setting out the amount due under the judgment by the judgment debtor.
(2) Upon the service on it of a judgment and a statutory declaration in accordance with this section, the Commission shall, as soon as practicable, notify the judgment debtor in writing of the service of the copy of the judgment and the statutory declaration and require him to state in writing, within the time specified in the notice, whether the judgment has been satisfied and, if it has been satisfied, to furnish evidence showing that it has been satisfied or, if the judgment has not been satisfied, to state the amount then due under the judgment.
(3) If the judgment debtor fails to satisfy the Commission, within the time specified in the notice given under sub-section (2), that the judgment has been satisfied, the Commission may, from time to time, deduct from any moneys due to the judgment debtor such sums as appear to the Commission to be necessary to enable the judgment to be satisfied, or may direct the deduction therefrom of such sums, and shall pay, or direct the payment of, those sums to the judgment creditor.
(4) The Commission shall not, at any time, make a deduction, or direct a deduction, that would reduce the amount to be received by the judgment debtor to less than one-third of the amount that would, but for the provisions of this section, be payable to the judgment debtor.
(5) Where more than one judgment and statutory declaration are served on the Commission in respect of a particular judgment debtor, the judgments shall be satisfied in the order in which copies of the judgments are served upon the Commission.
(6) A payment made to the judgment creditor in pursuance of this section shall, as between the Commission and the judgment debtor, be deemed to be a payment by the Commission to the judgment debtor.
(7) A person to whom a payment has been made in pursuance of this section shall notify the Commission immediately a judgment in respect of which a payment was made is satisfied.
Penalty: $100 or imprisonment for 3 months.
(8) If a payment made in pursuance of this section exceeds the amount due under the judgment, the excess is repayable by the judgment creditor to the judgment debtor and, in default of payment, is recoverable by the judgment debtor from the judgment creditor as a debt in a court of competent jurisdiction.
(9) Where the Commission is satisfied that the estate of an officer or employee has been sequestrated, either voluntarily or compulsorily, for the benefit of his creditors, and that he has not been discharged from bankruptcy, this section does not apply in relation to the officer or employee.
Contributions towards the provision of special services or facility.
- (1) Where a person (including Australia, a State and an authority of Australia or a State) applies to the Commission for the Provision of Postal Services of a special kind or in special circumstances, or for the provision of a special facility, the Commission may enter into an agreement with the person with respect to the provision of the services or facility under which the person agrees—
(a) to make a contribution towards the cost of providing the service or facility;
(b) to render other assistance to the Commission for the purpose of facilitating the provision of the service or facility; or
(c) to indemnify the Commission against any loss the Commission may suffer by reason of the provision of the service or facility.
(2) An agreement referred to in sub-section (1) may provide for the person to advance to the Commission an amount on account of the cost of providing the service or facility upon such terms and conditions as to the repayment of the whole or a part of the advance as are specified in the agreement.
Payment of tolls, &c.
- (1) Where—
(a) the Commission enters, either with or without a vehicle or horse, onto premises, being a pier, wharf, quay, landing place, bridge, ferry or part of a road, or uses premises, being a pier, wharf, quay or landing place, in connexion with the performance of its functions; and
(b) a toll, fee or charge would, but for this section, be payable in respect of the entry onto the premises or the use of the premises, as the case may be, the toll, fee or charge is not payable by the Commission or any other person in respect of the entry onto the premises, or the use of the premises, but the Commission is liable to pay to the owner or occupier of the premises, in respect of all entries by the Commission onto the premises, or in respect of all uses of the premises, during a period of 12 months, or such shorter period as is agreed upon between the Commission and the owner or occupier, such sum as is agreed upon by the Commission and the owner or occupier or, in the absence of agreement, as is determined by arbitration in accordance with the provisions of an Act of the State or an Ordinance of the Territory in which the premises are situated relating to the settlement of commercial disputes by arbitration.
(2) This section does not apply to a toll, fee or charge that amounts to taxation.
(3) In this section—
(a) a reference to entry by the Commission onto premises in connexion with the performance of its functions includes a reference to the entry onto premises—
(i) of an officer or employee in the course of performing his duties; and
(ii) of a person engaged on behalf of the Commission in the conveyance of mail or postal articles for purposes connected with the conveyance of mails or postal articles;
(b) a reference to the use of premises by the Commission in connexion with the performance of its functions includes a reference to the use of premises by a person acting on behalf of the Commission in connexion with the performance of its functions; and
(c) a reference to the owner or occupier of premises, being a part of a road, is a reference to the person entitled to be paid a toll, fee or charge for entry onto that part of the road.
Grants of financial assistance
- The Commission may, upon such conditions as it thinks fit—
(a) grant financial and other assistance to any society, institution or other body for the purpose of assisting that body to provide educational, social, sporting or recreational facilities for officers or employees;
(b) provide scholarships, fellowships or endowments for officers and employees and for other persons engaged in research in relation to postal services; and
(c) provide financial assistance to societies, institutions and bodies engaged in research in relation to Postal Services or in the collection and dissemination of information with respect to any such research.
Consultative Council.
- (1) There is hereby established a Consultative Council comprising representatives of the Commission and of organizations of officers and employees.
(2) The By-laws shall determine the manner in which the Council is to be constituted, the functions of the Council and the manner in which the Council is to carry out its functions.
Remission of charges.
- The Commission may, in a particular case for special reasons, or in cases included in a particular class of cases for special reasons remit or reduce a charge that would otherwise be payable under this Act.
By-laws.
- (1) The Commission may make By-laws, not inconsistent with this Act or the regulations, prescribing all matters which are required or permitted to be prescribed by the By-laws, and, making provision for or with respect to—
(a) the establishment, management and operation of offices, the receipt, transmission and delivery of postal articles, and the conduct and duties of officers and employees;
(b) the terms and conditions governing the receipt, transmission and delivery of postal articles;
(c) the weight and dimensions of postal articles;
(d) the registration and insurance of postal articles;
(e) the registration of publications;
(f) the sale of postage stamps, the licensing of persons to sell stamps and the commission to be allowed to persons so licensed;
(g) the conditions governing the refund of postage;
(h) unclaimed, undelivered or refused postal articles;
(i) the redirection of postal articles, and the return of postal articles to senders;
(j) the mode of defacing or cancelling stamps on postal articles;
(k) the payment of compensation in respect of the loss or rifling of, damage to, or delay in delivery of postal articles;
(l) the provision of private boxes, private bags, community bags and free bags;
(m) the terms and conditions governing the transmission of moneys through the post;
(n) the sale of stationery and packing material;
(o) the conditions governing philatelic sales and services;
(p) the establishment, management and operation of the courier service;
(q) the terms and conditions of employment of officers and employees; and
(r) penalties by way of fine not exceeding $200 or by way of imprisonment not exceeding 6 months, or both, for a breach of a By-law.
(2) By-laws shall not be deemed to be Statutory Rules within the meaning of the Rules Publication Act 1903-1973.
(3) Sections 48 and 49 of the Acts Interpretation Act 1901-1973 apply to By-laws in like manner as they apply to regulations.
Regulations.
- The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed by the regulations, or which are necessary or convenient to be prescribed by the regulations for carrying out or giving effect to this Act and for making provision for and in relation to—
(a) the forfeiture to Australia of any postal article, or of the contents of any postal article, that has been dealt with as provided in the By-laws but cannot be delivered to the addressee or returned to the sender or any article the transmission of which through the post is prohibited by or under this Act or any other Act or by the By-laws;
(b) arrangements as to the collection of duties of customs or any other duties lawfully payable in respect of goods transmitted by post;
(c) methods of dealing with postal articles that may contain goods on which duties of customs are payable;
(d) the application of Division 6 of Part V to and in relation to an employee who—
(i) has been in continuous employ of the Commission for a period of not less than one year; or
(ii) has been engaged by the Commission to serve for a period of not less than one year,
including provisions modifying and adapting the provisions of that Division in relation to such an employee;
(e) the preservation of specified existing and accruing rights by a person appointed to the office of Managing Director, Chief General Manager or full-time Chairman of a Promotions Appeal Board or by a person appointed or deemed to have been appointed as an officer who was, immediately before he was so appointed, an officer of the Australian Public Service or a person to whom the Officers' Rights Declaration Act 1928-1975 applied, including provisions modifying and adapting the Public Service Act 1922-1975 for the purpose of enabling such a person to apply for promotion to an office in the Australian Public Service or appeal against a promotion to an office in that Service;
(f) procedures for and in relation to the opening and examination of postal articles by or in the presence of officers;
(g) prohibiting, restricting, regulating or imposing conditions with respect to the sending by post or by the courier service of—
(i) articles that are or could be dangerous or noxious;
(ii) articles consisting of, containing or bearing matter of an indecent, obscene or offensive nature; and
(iii) articles consisting of or containing matter not solicited by the persons to whom the articles are sent;
(h) the payment of costs in proceedings before a Disciplinary Appeal Board and the assessment of those costs; and
(j) penalties not exceeding a fine of $200 or imprisonment not exceeding 6 months, or both, for offences against the regulations.