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Commonwealth act
This Act has been repealed and is no longer in force. It is retained for historical reference.
What this law does, in plain terms
Creates a statutory body called the Australian Postal Commission (the Commission) to run postal services inside Australia and between Australia and other places (s5, s6). It also authorises the Commission to run related services such as a courier service and transmission of money (s9(1), s9(3)-(4), s10).
Sets the Commission’s core duty to provide postal services in a way that "best meets the social, industrial and commercial needs of the Australian people" and, as far as practicable, to make services available throughout Australia (s7). The Commission must also comply with international postal conventions where they impose obligations on Australia (s7(4)).
Gives the Minister specific oversight and some control: the Minister may issue written directions after consulting the Commission (s8), but may not direct the Commission on standard postage rates (s8(3)). The Minister must be furnished copies of directions and certain decisions for parliamentary notice (s8(2); s102(3)).
Lets the Commission issue and sell postage stamps and set most fees and charges, but fixes that standard postage rates for ordinary letters require the Minister’s approval (s13; s18(1)-(3)). The Commission may enter special commercial agreements on postage with large users on different rates (s20).
Provides a backstop if the Minister refuses approval of the Commission’s proposed standard postage rates: the Commission may apply for alternative approval and, if refused and certain conditions are met, the Commonwealth may pay the Commission an amount to cover part of the shortfall (s19). The Treasurer may advance funds against that entitlement (s19(5)-(6)).
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Direct links to the current provisions in Postal Services Act 1975.
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View on official registerSourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Establishes the Commission’s corporate form, governance and staffing rules: seven commissioners including a full-time Managing Director, appointment and removal rules, a Chief General Manager, and a commission-run employment service with detailed provisions on appointments, promotion, discipline, dismissal, appeals and retirement of officers and temporary employees (ss24–66; Part V).
Makes industrial-relations arrangements: officers and employees are treated as employees under the Conciliation and Arbitration Act for disputes concerning wages and conditions, and the Conciliation and Arbitration Commission can determine matters and make awards in relation to the Service (ss69–72).
Sets out finance rules: the Treasurer determines opening capital values and can require repayments and interest (s74); the Commission may borrow with Treasurer approval and may receive loans or guarantees from the Treasurer (s75); the Commission must pursue a financial policy to cover operating expenditure and to provide for capital expenditure according to a formula (s76); accounts, auditing and reporting requirements are set out (ss80, 84, 102).
Limits some commercial actions: contracts above specified thresholds and long leases require Minister approval (s82). The Commission is exempt from taxation (s83). The Auditor‑General audits accounts and has inspection powers (s84).
Sets a range of offences and penalties to protect the mail, stamps and Commission property, and to regulate who may carry letters for reward (Part VII, especially ss85–100). It also protects the Commission from many civil actions for loss or delay of mail except for fraud or wilful misbehaviour (s104).
Authorises the Commission to make By-laws for detailed operational matters (s115) and empowers the Governor‑General to make regulations on a number of matters including prohibited items and inspection/opening of mail (s116).
Why it matters (mechanics and incentives)
Who pays: users pay postage and fees set by the Commission (s14, s16, s18); Australia (through the Treasurer) may finance the Commission by lending, guaranteeing borrowings or reimbursing revenue shortfalls when the Minister blocks proposed standard postage changes under the conditions in s19, and may receive repayments or interest (ss19, 74, 75).
Who decides: the Commission runs operations and determines many charges and by-laws (ss6, 9, 18(2), 115). The Minister can give written directions in the public interest (s8) and must approve standard postage determinations (s18(1)-(3)). The Treasurer sets opening capital valuation and controls borrowing approvals and guarantees (ss74–75). The Auditor‑General inspects and reports (s84).
Behaviour the law changes or constrains:
Costs, incentives and trade-offs explicit in the text:
Implementation and operational notes (mechanics to watch)
Financial formula and reporting: the Commission must target a defined revenue and capital provision metric each year (s76). That formula is operationally detailed and requires accounting inputs affecting pricing and capital decisions.
Industrial relations: officers are treated as employees under the Conciliation and Arbitration Act and the Commission is subject to awards and the Commission’s industrial matters can be arbitrated (ss69–72). This integrates the Service into national industrial machinery and influences labour cost certainty.
Delegated rulemaking: By‑laws and regulations fill operational detail (ss115–116). By‑laws are not Statutory Rules under the Rules Publication Act (s115(2)), so the Act delegates a lot of operational detail to internal rulemaking.
Primary source clauses of interest: establishment and functions (s5–7), Ministerial directions and rate approval (s8; s18), reimbursement (s19), special commercial arrangements (s20), courier service (s10), governance (ss24–36), staffing and discipline (Part V, Divs 2–7), finance (ss74–81), offences (Part VII), by‑laws and regulations (ss115–116).