POST AND TELEGRAPH ACT 1974 No. 61, 1974
POST AND TELEGRAPH ACT 1974 No. 61, 1974 - SECT. 1. Short title.
POST AND TELEGRAPH ACT 1974 No. 61 of 1974 An Act to amend the Post and Telegraph Act 1901-1973 and certain Regulations under that Act. BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:- Short title and citation. 1. (1) This Act may be cited as the Post and Telegraph Act 1974.* (2) The Post and Telegraph Act 1901-1973* is in this Act referred to as the Principal Act. (3) The Principal Act, as amended by this Act, may be cited as the Post and Telegraph Act 1901-1974. POST AND TELEGRAPH ACT 1974 No. 61, 1974 - SECT. 2. Commencement.
2. This Act shall come into operation on 1 October 1974. POST AND TELEGRAPH ACT 1974 No. 61, 1974 - SECT. 3. Definitions.
3. (1) Section 3 of the Principal Act is amended by inserting after the definition of "Construct" the following definition:- " 'Courier postal article' means any article collected for delivery by the Post Office Courier Service.". (2) Section 3 of the Principal Act is amended by adding at the end thereof the following sub-sections:- "(2) Subject to sub-section (3)- (a) this Act extends to the Australian Antarctic Territory and the Territory of Heard Island and McDonald Islands; and (b) for the purposes of this Act, those Territories shall be deemed to be within Australia and to be part of the State of Victoria. "(3) Notwithstanding anything contained in sub-section (3), the Overseas Telecommunications Commission (Australia) may exercise and perform, in and in relation to the Australian Antarctic Territory and the Territory of Heard Island and McDonald Islands, the powers, functions and duties conferred on it by the Overseas Telecommunications Act 1946-1973 in respect of the establishment, maintenance and operation of overseas telecommunication services, as if this Act did not extend to those Territories. "(4) In sub-section (3), 'overseas telecommunications services' has the same meaning as in the Overseas Telecommunications Act 1946-1973.". POST AND TELEGRAPH ACT 1974 No. 61, 1974 - SECT. 4. Department.
4. Section 4 of the Principal Act is amended by adding at the end thereof the words ", and of other like services provided under this Act". POST AND TELEGRAPH ACT 1974 No. 61, 1974 - SECT. 5. Every parcel sent by post if not a packet, parcel or newspaper to be deemed a letter.
5. Section 11 of the Principal Act is repealed. POST AND TELEGRAPH ACT 1974 No. 61, 1974 - SECT. 6. Packets may be defined.
6. Section 12 of the Principal Act is repealed. POST AND TELEGRAPH ACT 1974 No. 61, 1974 - SECT. 7. Postal articles from places outside Australia.
7. Section 20 of the Principal Act is amended by omitting the words "shall be collected on or before delivery" and substituting the words "shall be paid by the person who accepts delivery". POST AND TELEGRAPH ACT 1974 No. 61, 1974 - SECT. 8. Arrangements for postage to be other than prepaid.
8. Section 21 of the Principal Act is amended by adding at the end thereof the following sub-section:- "(4) An arrangement under sub-section (1) or (2) is subject to the regulations.". POST AND TELEGRAPH ACT 1974 No. 61, 1974 - SECT. 9. Postal articles insufficiently prepaid.
9. Section 23 of the Principal Act is amended by omitting sub- section (1) and substituting the following sub-sections:- "(1) Subject to this Act and the regulations, where the postage on a postal article posted for delivery in Australia is not fully prepaid, the postal article may be transmitted and delivered, but there shall be paid by the person who accepts delivery an amount equal to double the amount of the deficiency in the postage, and the amount to be so paid shall be written on
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the postal article by an authorized officer. "(1A) Postage on a loose postal article received from the master of a vessel shall be collected on delivery at the rate that would be chargeable in respect of that article if it were posted at the place of delivery for delivery at the place at which it was so received.". POST AND TELEGRAPH ACT 1974 No. 61, 1974 - SECT. 10. Prepayment of postage unnecessary on postal articles containing certain returns of births, deaths, &c.
10. Section 25 of the Principal Act is amended by omitting the words "letters or packets" (twice occurring) and substituting the words "postal articles". POST AND TELEGRAPH ACT 1974 No. 61, 1974 - SECT. 11. Prepayment of postage unnecessary on postal articles containing electoral matter.
11. Section 27 of the Principal Act is amended by omitting the words "letters or packets" (twice occurring) and substituting the words "postal articles". POST AND TELEGRAPH ACT 1974 No. 61, 1974 - SECT. 12. Registration of newspapers.
12. Section 29 of the Principal Act is amended- (a) by omitting sub-section (2AB) and substituting the following sub-section:- "(2AB) A publication shall not be registered in the part of a register kept for the registration of Category A newspapers if it is published by a social, recreational or motorists organization, an organization of employers or employees or an organization of persons engaged in, or connected with, business or a class of business or a profession or professions."; (b) by omitting sub-sections (2ACB) to (2AD), inclusive, and substituting the following sub-sections:- "(2ACB) Where a publication that was, in accordance with sub-section (2ACB) of section 29 of the Post and Telegraph Act 1901-1973, transferred to the part of the register kept for the registration of Category C newspapers is a publication that- (a) is published by a non-profit organization of persons who are employers or who are otherwise engaged in, or connected with, business or a class of business or a profession or professions; and (b) is so published for the education (in relation to the role of employers or in relation to business, that class of business, that profession or those professions, as the case may be) of those persons and of students, that publication shall- (c) if it has not, during the period that commenced on 1 March 1974 and ended on 30 September 1974, ceased to be registered as a newspaper-be transferred to the part of the register kept for the registration of Category B newspapers; or (d) if it has, during that period, ceased to be so registered-upon application being made, not later than 30 June 1975, by the proprietor, printer or publisher of the publication for the registration of the publication as a Category B newspaper, be registered in the part of the register kept for the registration of Category B newspapers if it has the same characteristics required by this section as it had before it ceased to be registered as a newspaper. "(2ACC) Where- (a) a publication (in this sub-section referred to as 'the former publication') was, in accordance with sub-section (2ACB) of section 29 of the Post and Telegraph Act 1901-1973, transferred to the part of the register kept for the registration of Category C newspapers; (b) during the period that commenced on the date on which the former publication was so transferred and ended on 30 September 1974, it ceased to be published; (c) the cessation of publication of the former publication was, in the opinion of the Director in the State at the General Post Office in which the publication was registered, attributable to its being so transferred; (d) application is made, not later than 30 June 1975, by the proprietor, printer or publisher of a publication (in this sub-section referred to as 'the new publication') for the registration of that publication as a Category B
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newspaper; (e) that proprietor, printer or publisher was the proprietor, printer or publisher of the former publication immediately before its transfer to the part of the register kept for the registration of Category C newspapers; and (f) the new publication- (i) bears the same name, and has the same characteristics required by this section, as the former publication; and (ii) complies with paragraphs (a) and (b) of subsection (2ACB), the new publication shall be registered in part of the register kept for the registration of Category B newspapers. "(2ACD) Where, at any time after 28 February 1975, copies of a Category A newspaper or Category B newspaper are sent or carried for hire or reward otherwise than by post or the Post Office Courier Service, the Director in the State at the General Post Office in which the newspaper is registered may transfer the registration of the newspaper to the part of the register kept for the registration of Category C newspapers. "(2AD) A publication shall not be registered in the part of the register kept for the registration of Category C newspapers unless not less than 60 per centum of the copies of each number of the publication are disposed of to persons each of whom is- (a) a bona fide purchaser; (b) a bona fide subscriber; or (c) a person who has placed a written order with the proprietor, printer or publisher of the publication, or an agent of the proprietor, printer or publisher, for the supply of copies of the publication to him otherwise than by way of sale."; and (c) by omitting sub-section (6) and substituting the following sub-section:- "(6) A postal article that comprises- (a) a newspaper that is not registered under this section; (b) a registered newspaper that is posted otherwise than in accordance with the requirements of this Act and the regulations with respect to the posting of registered newspapers; or (c) a registered newspaper and other material that is not a supplement to that newspaper for the purposes of the regulations, shall be treated as a standard article or a non-standard article, as the case requires.". POST AND TELEGRAPH ACT 1974 No. 61, 1974 - SECT. 13. Prepayment of postage.
13. Section 32 of the Principal Act is amended by adding at the end thereof the following sub-section:- "(3) Postal articles comprising postcards or correspondence enclosed in envelopes, being postcards or envelopes issued by the Department and appropriately marked, for purposes connected with the services provided by the Department under this Act, including the notification of changes of address and telephone number, may be transmitted free by post for delivery within Australia.". POST AND TELEGRAPH ACT 1974 No. 61, 1974 - SECT. 14. Registration.
14. Section 38 of the Principal Act is amended- (a) by omitting from sub-section (1) the words "any letter packet or newspaper" and substituting the words "an article"; and (b) by omitting sub-section (3). POST AND TELEGRAPH ACT 1974 No. 61, 1974 - SECT. 15. Declaration to be made where missing postal article contained valuable enclosure.
15. Section 39 of the Principal Act is amended by omitting the words "letter or packet" and substituting the words "postal article". POST AND TELEGRAPH ACT 1974 No. 61, 1974 - SECT. 16. Power to examine registered publications.
16. Section 42 of the Principal Act is amended-
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(a) by omitting from sub-section (1) the words "any newspaper or packet sent by post without a cover or in a cover open at the ends or sides and bearing less than the letter rate of postage" and substituting the words "a registered newspaper or periodical sent by post at the rate specified in clause 3 or 4 in Part I of Schedule 1 to the Rates Act"; and (b) by omitting from sub-section (2) the words "as a newspaper or packet" and substituting the words "at the rate referred to in sub-section (1)". POST AND TELEGRAPH ACT 1974 No. 61, 1974 - SECT. 17. Undelivered postal articles.
17. Section 46 of the Principal Act is amended by omitting subsections (4) and (5). POST AND TELEGRAPH ACT 1974 No. 61, 1974 - SECT. 18. Opening of unclaimed postal articles.
18. Section 49 of the Principal Act is amended by inserting after the words "a justice of the peace" the words "or a postmaster". POST AND TELEGRAPH ACT 1974 No. 61, 1974 - SECT. 19. Manner of dealing with opened postal articles containing items of value.
19. Section 51 of the Principal Act is amended- (a) by omitting from sub-section (1) the words "undelivered letter or packet" and substituting the words "undelivered postal article"; (b) by omitting from paragraph (a) of sub-section (1) the words "letter or packet" and substituting the words "postal article"; (c) by omitting from paragraph (b) of sub-section (1) the words "letter or packet" (twice occurring) and substituting the words "postal article"; (d) by omitting from paragraph (c) of sub-section (1) the words "letter or packet" (thrice occurring) and substituting the words "postal article"; (e) by omitting sub-section (2); (f) by omitting from sub-section (3) the words "letter or packet" (wherever occurring) and substituting the words "postal article"; (g) by omitting from sub-section (4) the words "letter or packet" and substituting the words "postal article"; and (h) by omitting from sub-section (5) the words "letter or packet" and substituting the words "postal article". POST AND TELEGRAPH ACT 1974 No. 61, 1974 - SECT. 20. Postal articles not to be returned except in certain cases.
20. Section 54 of the Principal Act is amended- (a) by inserting after the word "Act" the words "or the regulations"; and (b) by omitting the words "letter packet or newspaper" and substituting the words "postal article". POST AND TELEGRAPH ACT 1974 No. 61, 1974 - SECT. 21. Despatch and delivery of packets, &c., may be delayed.
21. Section 61 of the Principal Act is repealed. POST AND TELEGRAPH ACT 1974 No. 61, 1974 - SECT. 22. Power to destroy books, documents, telegrams, &c.
22. Section 64 of the Principal Act is amended by omitting from sub-section (1) the words "orders for delivery of letters" and substituting the words "orders for delivery of postal articles". POST AND TELEGRAPH ACT 1974 No. 61, 1974 - SECT. 23.
23. After section 64 of the Principal Act the following section is inserted:- Post Office Courier Service. "64A. (1) In this section, 'article transmissible by courier service' means any article transmissible by post and any other article that, under the regulations, is transmissible by courier service. "(2) The Postmaster-General may, subject to and in accordance with the regulations, establish and operate a courier service (to be known as the 'Post Office Courier Service'), being a service that provides for the collection, at the request of a person using the service, of an article, being an article transmissible by courier service, from a place specified by or on behalf of the person and the conveyance and delivery of the article to another place so specified. "(3) The courier service so established may, subject to and in ac- cordance with the regulations, provide for the collection from a post office of a postal article transmitted by post to the post office and the conveyance and delivery of the article to a place other than a post office, and for the collection of a postal article from a place other than a post office and the conveyance and delivery of that article to a post office and the lodging of
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the article (on behalf of the person using the service) for transmission by post to another place. "(4) Any reference in section 13, 15, 17, 18, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116 or 158 to mails or to postal articles shall be read as including a reference to courier postal articles and the reference in section 107 to the post shall be read as including a reference to the Post Office Courier Service. "(5) Sub-section (1) of section 98 does not apply to the sending or carriage of a letter by the Post Office Courier Service. "(6) Without limiting the generality of the power of the Governor-General to make regulations under section 97, that power includes the power to make regulations, not inconsistent with this Act, prescribing all matters necessary or convenient to be prescribed for and in relation to the establishment and operation of the Post Office Courier Service and, in particular, regulations prescribing the conditions of the receipt, conveyance and delivery of courier postal articles.". POST AND TELEGRAPH ACT 1974 No. 61, 1974 - SECT. 24. Interpretation.
24. Section 96A of the Principal Act is amended by omitting from the definition of "Post Office Services" in sub-section (1) the words "postal and telegraphic services" and substituting the words "postal, telegraphic and like services". POST AND TELEGRAPH ACT 1974 No. 61, 1974 - SECT. 25. Regulations.
25. Section 97 of the Principal Act is amended by omitting paragraph (d) of sub-section (1) and substituting the following paragraph:- "(d) Providing for- (i) the transmission and delivery of postal articles; (ii) the conditions under which postal articles may be received, transmitted, delivered, returned to the senders or otherwise disposed of; (iii) the fees to be charged for the transmission, delivery, return insurance and registration of postal articles; and (iv) the manner in which those fees are to be paid and the arrangements as to the collection of any Customs duties or any other duties or fees which may lawfully be payable in respect of any postal article.". POST AND TELEGRAPH ACT 1974 No. 61, 1974 - SECT. 26. Penalty for falsely sending certain articles.
26. Section 105 of the Principal Act is amended by omitting the words "packet or parcel" (twice occurring) and substituting the word "article". POST AND TELEGRAPH ACT 1974 No. 61, 1974 - SECT. 27. Schedule 2.
27. Schedule 2 to the Principal Act is amended- (a) by inserting in Forms A and B, after the words "postal article", (wherever occurring), the words "or courier postal article"; (b) by omitting from Form D the words "Declaration of the Particulars relating to a Missing Letter or Packet Containing a Valuable Enclosure Unregistered." and substituting the words "DECLARATION OF PARTICULARS RELATING TO A MISSING UNREGISTERED POSTAL ARTICLE CONTAINING A VALUABLE ENCLOSURE"; (c) by omitting from questions 1, 2, 3 and 4 of that form the words "letter or packet" and substituting the words "postal article"; (d) by omitting from question 5 in that form the words "letter and"; and (e) by omitting from questions 7, 8 (1) and 9 of that form the words "letter or packet" and substituting the words "postal article". POST AND TELEGRAPH ACT 1974 No. 61, 1974 - SECT. 28. Amendment of Regulations.
28. (1) The Postal Regulations are amended as set out in Sched- ule 1. (2) Sub-section (1) has no effect in relation to a postal article posted before the commencement of this Act. (3) The Postal and Telegraphic Services (General) Regulations are amended as set out in Schedule 2. (4) The Radio-telephone Exchange Service Regulations are amended as set out in Schedule 3. (5) The Telegraph Regulations are amended as set out in Sched- ule 4. (6) The Telephone Regulations are amended as set out in Sched- ule 5. (7) Nothing in this section prevents the amendment or repeal by a regulation
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under the Post and Telegraph Act 1901-1974 of any Regulations as amended by this section. ----------- POST AND TELEGRAPH ACT 1974 No. 61, 1974 - SCHEDULE 1
SCHEDULE 1 Section 28 (1) AMENDMENTS OF THE POSTAL REGULATIONS Parts. 1. Regulation 2 of the Postal Regulations is amended by omitting all of the words relating to Parts II, III and IV and substituting the following words:- "Part II-Air Mail, Addressing and Withdrawal of Postal Articles and Late Fees (Regulations 4-8). Part III-Maximum Weight and Dimensions of, and Restrictions relating to, Postal Articles (Regulations 12-14).". Definition of "parcel". 2. Regulation 3A of the Postal Regulations is amended- (a) by omitting paragraph (b) and substituting the following paragraph:- "(b) is posted in Australia for delivery in Australia or a Territory other than Papua New Guinea."; and (b) by omitting from paragraph (d) the words "item 2 or 3" and substituting the words "clause 3". Part II. 3. The heading to Part II of the Postal Regulations is amended by omitting the words ", Grouped Articles". Air mail carriage of parcels. 4. Regulation 4 of the Postal Regulations is amended by omitting sub-regulation (5) and substituting the following sub-regulation:- "(5) The postage payable for the conveyance by air of a parcel between places determined in accordance with sub-regulation (4) is the sum of $1 and an amount ascertained in accordance with the following table:- -------------------------------------------------------------------------------- Air route distance between place of despatch and place of destination, as determined in accordance Additional amount for each with sub-regulation (4) 500 grams or part of 500 grams of weight of parcel -------------------------------------------------------------------------------- Cents Not more than 800 kilometres . . . . . . . . . . . . . 15 More than 800 kilometres but not more than . . . . . . . . . . . . . . . . 35 More than 1,600 kilometres but not more than 2,400 kilometres . . . . . . . . . . . . . . . . 50 More than 2,400 kilometres . . . . . . . . . . . . . . 80 -------------------------------------------------------------------------------- Grouped articles. 5. Regulation 6 of the Postal Regulations is repealed. Late fees. 6. Regulation 7 of the Postal Regulations is amended- (a) by omitting from sub-regulation (1) the words "the amount of the postage, calculated at the rate specified in item 1 in Part I of Schedule 1 to the Rates Act, payable for the transmission of a letter weighing not more than 20 grams" and substituting the words "the amount of postage specified in clause 1 in Part I of Schedule 1 to the Rates Act"; and (b) by omitting from sub-regulation (2) the words "is Twenty cents" and substituting the words "is 25 cents".