Div 3Carriage of Mail

Division 3—Carriage of Mail Carriage of mail by rail. 21. (1) The Commission may, by notice in writing addressed to the Australian National Railways Commission, the person having, under the law of a State, control of the government railways of the State or the owner or manager of any other railways in a State and served as prescribed by the regulations, require that scheduled trains under the control of that person be made available as specified in the notice for the carriage of mail on behalf of the Commission as provided in the notice and that the usual facilities for the receipt, transmission and delivery of mail so carried be provided on those trains. (2) Where mail is carried on trains in a State or Territory in compliance with a requirement under sub-section (1), the Commission is liable to pay, for the carriage of mail and the provision of the facilities, such annual sum as may be agreed upon or, in the default of agreement, as is determined by arbitration— (a) in the case of payment for carriage or for facilities provided on a railway vested in the Australian National Railways Commission—in accordance with the law of the Australian Capital Territory; or (b) in any other case—in accordance with the law of the State or Territory, relating to the settlement of commercial disputes by arbitration. (3) A reference in this section to a railway under the control of a person includes a reference to a bus service or other vehicular service operated by the person for the carriage of persons or goods in accordance with fixed schedules to and from fixed terminals over specific routes with or without intermediate stopping places between terminals. (4) A reference in this section to a train includes a reference to a bus or other vehicle operated in connexion with a service referred to in subsection (3). Vessels may be required to carry mail. 22. (1) Where a vessel— (a) is at, or is expected to arrive at, a port or place in Australia; and (b) is in the course of, or is expected to commence, a voyage to another port or place, whether within or outside Australia, the Commission, or a person authorized by the Commission, may, by notice in writing addressed to the owner, agent or master of the vessel and served as prescribed by the regulations, require that the vessel be made available for the carriage of mail on the voyage from that first-mentioned port or place. (2) Where– (a) a notice under sub-section (1) has been served with respect to the carriage of mail on board a vessel from a port or place; (b) mail for carriage on the vessel is delivered alongside the vessel at that port or place, or to any other part of that port or place that is agreed upon between the person who made the requirement and the person to whom the notice was addressed, not later than a time so agreed, or, if no time is so agreed, in sufficient time to permit the vessel, after taking the mail on board, to depart from that port or place not later than the intended time of departure at the time the requirement was made; and (c) the vessel departs from the port or place without taking on the mail so delivered, the person on whom the notice was served is guilty of an offence against this section. (3) Where mail is on board a vessel in compliance with a requirement under this section, whether within or outside Australia, the owner, agent and master of the vessel are each guilty of an offence against this section if— (a) the mail is not kept in a secure dry place; (b) the mail is removed from the vessel, except— (i) for delivery to the postal authority at the port or place to which the mail is consigned; or (ii) in accordance with a direction under sub-section (4); or (c) when the vessel arrives at the port or place to which the mail is consigned, the mail is not delivered forthwith to the postal authority at that port or place. (4) Where mail is on board a vessel in compliance with a requirement under this section, whether within or outside Australia, an authorized person may, by notice in writing served on the master of the vessel, direct the master to deliver up the mail, or deliver up such part of the mail as is specified in the direction, on demand, to the person specified in the direction and, if the master does not comply with the direction, he is guilty of an offence against this section. (5) The penalty for an offence against this section is a fine not exceeding $1,000. (6) An offence against this section committed outside Australia may be prosecuted as if it were committed at the port or place at which the requirement under sub-section (1) was served and a court that would, if the offence had been so committed, have had jurisdiction in respect of the offence has jurisdiction in respect of the offence. (7) Where mail is carried on board a vessel in compliance with this section, the owner of the vessel is entitled to payment, in respect of that carriage, in accordance with such rates as are agreed upon by the owner, agent or master, or in the default of agreement as may be determined by arbitration in accordance with the law of the State or Territory in which the requirement under sub-section (1) was served relating to the settlement of commercial disputes by arbitration. (8) A reference in this section to the owner of a vessel shall, in relation to a vessel that is the subject of a charter-party by demise, be read as a reference to a charterer under the charter-party. Detention of vessel required to carry mail. 23. (1) Where a magistrate is satisfied, by information on oath or affirmation— (a) that a requirement has been made under section 22 with respect to the carriage of mail in a vessel from a port or place; and (b) that there are reasonable grounds for believing that the vessel may depart from that port or place without that mail on board, the magistrate may grant a warrant authorizing an officer to board the vessel, with such persons as he thinks necessary to assist him, to detain the vessel until it is released in accordance with sub-section (3) and to use, or authorize the use of, reasonable force to prevent any person from obstructing the carrying out of the foregoing. (2) Where a vessel is being detained in accordance with a warrant issued under sub-section (1)— (a) the Commission or a person authorized by the Commission may, at any time, direct that the vessel be released from detention; and (b) a magistrate may, upon application made by the master of the vessel, direct that the vessel be released from detention if he is satisfied— (i) that there is no longer any necessity for the carriage on board the vessel of any mail that is not already on board; or (ii) that it is necessary for the safety of the vessel or of persons on board the vessel that the vessel leave the place at which it is detained. (3) Notwithstanding any other provision of this section— (a) a period of detention of the vessel in pursuance of a warrant issued under sub-section (1) comes to an end, by force of this sub-section, at the expiration of 24 hours after the commencement of the period; and (b) when a vessel has been released from detention (whether by force of this sub-section or otherwise)—a further warrant under this section to detain the vessel shall not be issued under this section until the expiration of 24 hours after the time of release of the vessel. (4) The Commission or a person acting in accordance with this section is not liable to pay damages or compensation to any person by reason of the detention of a vessel in accordance with a warrant granted under sub-section (1). (5) Nothing in this section affects liability to pay harbour dues or any other charges in respect of a vessel for any period of detention under this section. PART IV—CONSTITUTION AND MEETINGS OF THE COMMISSION Constitution of Commission. 24. (1) The Commission— (a) is a body corporate with perpetual succession; (b) shall have a common seal; (c) may acquire, hold and dispose of real and personal property; and (d) may sue or be sued in its corporate name. (2) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Commission affixed to a document and shall presume that it was duly affixed. (3) The Commission is not subject to any requirement, obligation, liability, penalty or disability under a law of a State or Territory to which Australia is not subject. Composition of Commission. 25. (1) The Commission shall consist of 7 Commissioners, namely— (a) the Managing Director; (b) 1 Commissioner who shall be an officer of the Department administered by the Minister administering this Act; (c) 1 Commissioner to represent officers and employees of the Commission; and (d) 4 other Commissioners. (2) The Commissioners shall be appointed by the Governor-General, the Managing Director being appointed as a full-time Commissioner and the other Commissioners being appointed as part-time Commissioners. (3) The Governor-General shall, in appointing a Commissioner referred to in paragraph (1)(c), have regard to any advice with respect to the person to be appointed furnished by the Minister, after he has consulted with representatives of appropriate organizations representing officers and employees. (4) The performance of the functions and the exercise of the powers of the Commission are not affected by reason of a vacancy or vacancies in the membership of the Commission. (5) The By-laws may make provision for and in relation to the preservation of such rights as are specified in the By-laws by an officer who is appointed to be the Managing Director and for and in relation to the appointment of such an officer to a position in the Service upon the termination of his appointment under this section otherwise than upon the ground of his misconduct or of his having attained the age for retirement from the Service. Period of appointment. 26. (1) Subject to sub-section (2), a Commissioner shall be appointed for such period, not exceeding 5 years, as is specified in the instrument of appointment, but is eligible for re-appointment. (2) The Commissioner referred to in paragraph 25(1)(b) holds office during the pleasure of the Governor-General. (3) A person who has attained the age of 65 years shall not be appointed or re-appointed as the Managing Director and a person shall not be appointed or re-appointed as the Managing Director for a period that extends beyond the date at which he will attain the age of 65 years. Remuneration and allowances. 27. (1) A Commissioner, other than the Commissioner referred to in paragraph 25(1)(b), shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he shall be paid such remuneration as is prescribed by the regulations. (2) A Commissioner shall be paid such allowances as are prescribed by the regulations. (3) This section has effect subject to the Remuneration Tribunals Act 1973-1974. Chairman and Deputy Chairman of Commission. 28. (1) The Governor-General shall appoint a Commissioner to be the Chairman of the Commission and another Commissioner to be the Deputy Chairman of the Commission. (2) The Commissioner appointed to be the Chairman or the Deputy Chairman holds office as Chairman or Deputy Chairman until the expiration of his term of office as a Commissioner that is current or commences at the time of his appointment, but ceases to be the Chairman or the Deputy Chairman if he ceases to be a Commissioner or resigns his office of Chairman or Deputy Chairman in accordance with sub-section (3). (3) The Commissioner appointed to be the Chairman or the Deputy Chairman may resign his office of Chairman or Deputy Chairman by writing under his hand delivered to the Governor-General, but the resignation does not have effect until it is accepted by the Governor-General. (4) A person is eligible to be re-appointed as the Chairman or the Deputy Chairman. Leave of absence. 29. The Minister may grant leave of absence to a Commissioner upon such terms and conditions as to remuneration or otherwise as the Minister determines. Resignation of Commissioner. 30. A Commissioner may resign his office by writing under his hand delivered to the Governor-General, but the resignation does not have effect until it is accepted by the Governor-General. Termination of appointments. 31. (1) The Governor-General may terminate the appointment of a Commissioner, other than the Commissioner referred to in paragraph 25(1)(b), by reason of the misbehaviour, or the physical or mental incapacity, of the Commissioner. (2) If a Commissioner, other than the Commissioner referred to in paragraph 25(1)(b)— (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit; (b) fails to comply with his obligations under sub-section (3); (c) being the Managing Director— (i) engages in paid employment outside the duties of his office without the approval of the Minister; or (ii) is absent from duty, except on leave of absence granted by the Minister, for 14 consecutive days, or for 28 days in any 12 months; or (d) being a part-time Commissioner—is absent, except on leave of absence granted by the Minister, from 3 consecutive meetings of the Commission, the Governor-General shall terminate the appointment of the Commissioner. (3) A Commissioner who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Commission, otherwise than as a member, and in common with other members, of an incorporated company which consists of not less than 25 persons and of which he is not a director, shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of the Commission. (4) A disclosure under sub-section (3) shall be recorded in the minutes of the Commission, and the Commissioner— (a) shall not take part after the disclosure in any deliberation or decision of the Commission with respect to the matter; and (b) shall be disregarded for the purposes of constituting a quorum of the Commission for any such deliberation or decision. (5) Sub-section (3) does not apply in relation to a matter relating to the provision of a postal service by the Commission for the Commissioner otherwise than in accordance with a special arrangement made under section 20. Acting Commissioners. 32. (1) Where the Managing Director is, or is expected to be, absent from duty or from Australia or there is, or is expected to be, a vacancy in the office of Managing Director, the Minister may appoint a person to act as the Managing Director during the absence or vacancy. (2) A person appointed to act as the Managing Director in the event of a vacancy shall not continue in office after the expiration of 12 months after the occurrence of the vacancy. (3) Where a part-time Commissioner is appointed to act as the Managing Director, the office of the part-time Commissioner shall, for the purposes of sub-section (4), be deemed to be vacant. (4) Where a part-time Commissioner is, or is expected to be, unable (whether on account of illness or otherwise) to attend meetings of the Commission or there is a vacancy in the office of a part-time Commissioner, the Minister may appoint a person to act as a part-time Commissioner during that inability, or until the filling of the vacancy. (5) The Minister shall not appoint a person to be an acting Commissioner in place of a Commissioner referred to in paragraph 25(1)(b) or (c), or to fill a vacancy in the office of such a Commissioner unless the person would be eligible to be appointed to the office held or formerly held by that Commissioner. (6) The Minister may— (a) determine the terms and conditions of appointment of a person appointed under this section; and (b) at any time terminate such an appointment. (7) A person appointed under this section to act as the Managing Director or as an acting part-time Commissioner has all the powers and functions of the Managing Director, or of a part-time Commissioner, as the case may be. (8) The validity of a decision of the Commission shall not be questioned in any proceedings on a ground arising from the fact that the occasion for the appointment of a person purporting to be appointed under this section had not arisen or that an appointment of a person under this section had ceased to have effect. Acting Chairman and Deputy Chairman. 33. (1) Where the Chairman is absent from duty or from Australia or there is a vacancy in the office of Chairman, the Deputy Chairman shall act as the Chairman during the absence or until the filling of the vacancy. (2) Where the Deputy Chairman is, or is expected to be, absent from duty or from Australia or there is a vacancy in the office of Deputy Chairman, the Minister may appoint another Commissioner to act as the Deputy Chairman during the period of the absence or until the filling of the vacancy. (3) If the Deputy Chairman is at any time acting as the Chairman, his office of Deputy Chairman shall, during the period of his so acting, be deemed, for the purposes of sub-section (2), to be vacant. (4) A reference in sub-section (1) to the Deputy Chairman includes a reference to a Commissioner acting as the Deputy Chairman in pursuance of an appointment under sub-section (2). Meetings of the Commission. 34. (1) The Chairman shall convene such meetings of the Commission as he considers necessary for the performance of its functions. (2) The Chairman shall, when requested by 4 or more Commissioners to do so, convene a meeting of the Commission. (3) The Chairman shall preside at all meetings of the Commission at which he is present. (4) If, at a meeting of the Commission, the Chairman is not present but the Deputy Chairman is present, the Deputy Chairman shall preside at the meeting. (5) If, at a meeting of the Commission, neither the Chairman nor Deputy Chairman is present, the Commissioners present shall appoint one of their number to preside at the meeting. (6) A quorum at a meeting of the Commission is 4 Commissioners. (7) Questions arising at a meeting of the Commission shall be determined by a majority of the votes of the Commissioners present and voting. (8) The Commissioner presiding at a meeting of the Commission has a deliberative vote and, in the event of an equality of votes, also has a casting vote. (9) A reference in this section to the Chairman or the Deputy Chairman includes a reference to a person acting as the Chairman or as the Deputy Chairman, as the case may be. Duties of the Managing Director. 35. (1) The affairs of the Commission, to the extent determined by the Commission, shall be managed by the Managing Director. (2) The Managing Director shall, in managing any of the affairs of the Commission, act in accordance with the policy of, and any directions given by, the Commission. Delegation. 36. (1) The Commission may, by instrument under its seal, delegate to a Commissioner, to the Chief General Manager or to an officer or employee, either generally or otherwise as provided by the instrument of delegation, all or any of its powers under this Act (except this power of delegation). (2) A delegation under this section is revocable at will and does not prevent the exercise of a power by the Commission. PART V—THE STAFF OF THE COMMISSION Division 1—The Chief General Manager Chief General Manager. 37\. (1) There shall be a Chief General Manager of the Commission, who shall be appointed by the Governor-General. (2) The Chief General Manager shall be appointed for such period, not exceeding 5 years, as is specified in the instrument of his appointment, but is eligible for re-appointment. (3) A person who has attained the age of 65 years shall not be appointed as Chief General Manager and a person shall not be appointed or re-appointed as Chief General Manager for a period that extends beyond the date on which he will attain the age of 65 years. (4) The Chief General Manager may resign his office by writing under his hand delivered to the Governor-General but the resignation does not have effect until it is accepted by the Governor-General. (5) The Governor-General may terminate the appointment of the Chief General Manager by reason of the misbehaviour, or physical or mental incapacity, of the Chief General Manager. (6) If the Chief General Manager— (a) engages in paid employment outside the duties of his office without the approval of the Minister; (b) is absent from duty, except on leave of absence granted by the Minister, for 14 consecutive days, or for 28 days in any 12 months; or (c) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit, the Governor-General shall terminate his appointment. (7) The Minister may grant leave of absence to the Chief General Manager upon such terms and conditions as to remuneration or otherwise as the Minister determines. (8) The By-laws may make provision for and in relation to the preservation of such rights as are specified in the By-laws by an officer who is appointed to be Chief General Manager and for and in relation to the appointment of such an officer to a position in the Service upon the termination of his appointment under this section otherwise than upon the ground of his misconduct or of his having attained the age for retirement from the Service. Remuneration of Chief General Manager. 38. (1) The Chief General Manager shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he shall be paid such remuneration as is prescribed by the regulations. (2) The Chief General Manager shall be paid such allowances as are prescribed by the regulations. (3) This section has effect subject to the Remuneration Tribunals Act 1973-1974. Acting Chief General Manager. 39. (1) Where the Chief General Manager is, or is expected to be, absent from duty or from Australia or has been appointed to act as the Managing Director or there is, or is expected to be, a vacancy in the office of Chief General Manager, the Minister may appoint a person to act as the Chief General Manager during the absence, while the Chief General Manager continues to act as the Managing Director or until the filling of the vacancy, as the case may be. (2) A person appointed to act as the Chief General Manager in the event of a vacancy shall not continue in office after the expiration of 12 months after the occurrence of the vacancy. (3) The Minister may— (a) determine the terms and conditions of appointment of a person appointed under this section; and (b) at any time terminate such an appointment. (4) Sub-sections 37(4) and (7) apply in relation to a person appointed to act as the Chief General Manager in like manner as they apply in relation to the Chief General Manager. (5) While the appointment of a person to act as the Chief General Manager is in force, he has, and may exercise and perform, all the powers and functions of the Chief General Manager. (6) The validity of anything done by a person appointed to act as the Chief General Manager shall not be called into question on the ground that the occasion for his appointment had not arisen or that the appointment had ceased to have effect. Duties of Chief General Manager. 40. (1) The Chief General Manager shall perform such duties as the Managing Director directs and, in the event of the absence or inability of the Managing Director and of the person appointed to act as the Managing Director if a person has been so appointed, or of a vacancy in the office of Managing Director, shall perform the duties of the Managing Director otherwise than at meetings of the Commission. (2) For the purposes of sub-section (1), the office of Managing Director shall not be taken to be vacant while a person appointed to act as the Managing Director is performing the duties of the office. (3) The Chief General Manager shall, in the performance of his duties, act in accordance with the policy of, and any directions given by, the Commission or the Managing Director. Division 2—Establishment of the Australian Postal Commission Service Establishment of Australian Postal Commission Service. 41. (1) For the purpose of enabling the Commission to perform its functions under this Act, there is hereby established an Australian Postal Commission Service. (2) The Service consists of the persons appointed as officers or employed as employees in accordance with this Part and of persons deemed to be appointed as officers under section 16 of the Transitional Provisions Act. Division 3—Officers and Employees Officers. 42. (1) The Commission may appoint as officers such number of persons as it thinks necessary for the purposes of this Act. (2) A person shall not be appointed as an officer unless— (a) the Commission is satisfied, after he has undergone a medical examination required by the Commission, as to his health and physical fitness; (b) he possesses such educational qualifications, or meets such other requirements (if any), as are determined by the Commission; and (c) the Commission is satisfied that he is a fit and proper person to be an officer. (3) The Commission shall determine— (a) the manner in which applications for appointment as officers are to be sought; and (b) the manner of ascertaining the order in which offers of appointment will be made to persons who apply for appointment as officers to specified positions or to positions included in a specified class of positions. (4) The Commission may, from time to time, for the purpose of this section— (a) hold such examinations as it thinks fit; (b) determine conditions of entry for any such examination; and (c) appoint examiners for the purpose of any such examination. (5) Officers shall perform duties as directed by the Commission or the Managing Director. Appointments to be on probation. 43. (1) Unless the Commission, in a particular case, otherwise directs, the appointment of every officer shall be on probation for a period of 6 months commencing on the day on which the officer commences duties in pursuance of his appointment. (2) A person appointed as an officer on probation remains a probationer until his appointment is confirmed or terminated in accordance with this section. (3) The Commission may, at any time during the period of 6 months, terminate the appointment. (4) As soon as practicable after the expiration of the period of 6 months, the Commission shall— (a) confirm the appointment; (b) terminate the appointment; or (c) direct that the probationer continue on probation for such further period (not being a period exceeding 6 months) as the Commission determines. (5) Where the Commission directs that a probationer continue on probation for a further period, the Commission may confirm or terminate the appointment of the probationer at any time during that further period and, if it does not confirm or terminate the appointment before the expiration of that period, shall do so as soon as practicable after the expiration of that period. (6) Where the appointment of a probationer is to be terminated, the Commission shall notify the probationer in writing of the reasons for the termination of the probation. Re-appointment of persons who have resigned from the Service to become candidates at elections. 44. (1) Where the Commission is satisfied that— (a) a person who was an officer— (i) resigned from the Service in order to become a candidate for election as a member of a House of the Parliament of Australia or of a State or of the Legislative Assembly for the Northern Territory or of a legislative or advisory body for another Territory prescribed by the regulations; (ii) was a candidate at the election; and (iii) failed to be elected; and (b) the resignation took effect not earlier than 1 month before the date on which nominations for the election closed, the Commission shall, upon application by that person within 2 months after the declaration of the result of the election, re-appoint him to the Service at a classification and salary equivalent to the classification and salary that he had immediately before the date upon which his resignation took effect. (2) A person shall be re-appointed under this section without being required to undergo any medical examination and whether or not he possesses the appropriate educational qualifications or meets the appropriate requirements. (3) A person shall be re-appointed under this section without probation. (4) A person re-appointed under this section shall be deemed to have continued in the Service as if he had not resigned but had been on leave of absence without pay during the period from the day on which his resignation became effective to and including the day immediately preceding the day on which he was re-appointed. (5) The period referred to in sub-section (4) shall, for all purposes, be deemed to form part of the officer’s period of service. Employees. 45. (1) The Commission may engage persons as temporary employees. (2) Persons engaged as temporary employees shall perform duties as directed by the Commission or the Managing Director. (3) Where the Commission is satisfied that— (a) a person who was temporarily employed by the Commission— (i) resigned from that employment in order to become a candidate for election as a member of a House of the Parliament of Australia or of a State or of the Legislative Assembly for the Northern Territory or of a legislative or advisory body for another Territory prescribed by the regulations; (ii) was a candidate at the election; and (iii) failed to be elected; and (b) the resignation took effect not earlier than 1 month before the date on which nominations for the election closed, the Commission shall, upon application by that person within 2 months after the declaration of the result of the election, employ him at a classification and rate of pay equivalent to the classification and rate of pay that he had immediately before the date upon which his resignation took effect. (4) A person employed under sub-section (3) shall be deemed to have continued in temporary employment in the Service as if the period of his employment in pursuance of this section and the unbroken period of his employment immediately prior to the date on which his resignation took effect were a continuous period of temporary employment. Terms and conditions of employment. 46. (1) Subject to this Part, officers and employees hold office on such respective terms and conditions as the Commission determines. (2) Where, immediately before the commencing date— (a) an award of the Conciliation and Arbitration Commission; (b) a determination made by the Public Service Arbitrator; (c) a determination made by the Public Service Board under the Public Service Act 1922\-1975; or (d) an agreement to which section 31 of the Conciliation and Arbitration Act 1904-1974 applied, applied to or in relation to the persons, whether officers or employees, who performed the duties of offices included in a class of offices in the Postmaster-General’s Department, the Commission shall, in making its first determination of the terms and conditions of employment of the persons, whether officers or employees, performing the duties of positions included in the corresponding class of positions in the service, determine terms and conditions no less favourable to those last-mentioned persons than the terms and conditions that were applicable to those first-mentioned persons immediately before the commencing date by virtue of that award, determination or agreement.