Australian Postal Corporation and Other Legislation Amendment Act 2024 (61 of 2024)

Schedule 1   Amendments

Australian Postal Corporation Act 1989

77   Section 90Z

Repeal the section, substitute:

90Z Dealing with explosive, dangerous or injurious things etc.

(1) If a permitted person reasonably suspects that the article contains a thing (a prohibited thing ):

(a) that is or could be explosive, dangerous or injurious; or

(b) that is or could be used as a part for another thing that is or could be explosive, dangerous or injurious;

a permitted person may:

(c) do either or both of the following:

(i) open the article;

(ii) examine the article or its contents to check whether the article contains a prohibited thing; or

(d) arrange for the article to be delivered into the custody of:

(i) an AFP appointee (within the meaning of the Australian Federal Police Act 1979); or

(ii) a member of the police force or police service of a State or Territory.

(2) For the purposes of this section, a permitted person is:

(a) an employee of Australia Post; or

(b) a person included in a class of persons determined in an instrument under subsection (5).

Returning article to normal course of carriage

(3) If paragraph (1)(c) applies and the article is found not to contain a prohibited thing, a permitted person must close up the article and return it to the normal course of carriage.

Article contains a prohibited thing

(4) If paragraph (1)(c) applies and the article is found to contain one or more prohibited things (whether or not the article also contains other things), then one or more of the following may occur:

(a) a permitted person may do anything to the article or any of its contents (including removing a prohibited thing) that the permitted person thinks appropriate to make the article and some or all of its contents safe for carriage by post and a permitted person may close up the article and return it to the normal course of carriage;

(b) a person included in a class of persons determined in an instrument under subsection (5) may destroy a prohibited thing if that person is satisfied that the destruction is required for the health or safety of the public or for the protection of other property;

(c) a permitted person may arrange for either or both of the article and some or all of its contents to be delivered into the custody of:

(i) an AFP appointee (within the meaning of the Australian Federal Police Act 1979); or

(ii) a member of the police force or police service of a State or Territory.

Example: Assume the article contains one prohibited thing and one or more other things.

Under paragraph (a), a permitted person may remove the prohibited thing and then close up the article (with the other things in it) and return it to the normal course of carriage.

Under paragraph (b), a person included in a class of persons determined in an instrument under subsection (5) may destroy the prohibited thing in compliance with that paragraph.

Under paragraph (c), a permitted person may arrange for the article and all of its contents to be delivered as mentioned in that paragraph.

Class of persons

(5) The Minister may, by legislative instrument, determine a class of persons for the purposes of this section.

Australia Post to record information

(6) Australia Post must ensure that, before a prohibited thing is destroyed, the following information is recorded, to the extent to which it is known by Australia Post:

(a) the sender's name and address;

(b) the intended recipient's name and address;

(c) what the article contains.

Written notice to sender

(7) If the sender's name and address has been recorded, Australia Post must, as soon as practicable after a prohibited thing is destroyed, give written notice to the sender:

(a) advising of the destruction of the thing and the reasons for the destruction; and

(b) stating the following information, if it has been recorded:

(i) the intended recipient's name and address;

(ii) what the article contained.

Written notice to intended recipient

(8) If the sender's name and address has not been recorded but the intended recipient's name and address has been recorded, Australia Post must, as soon as practicable after a prohibited thing is destroyed, give written notice to the intended recipient:

(a) advising of the destruction of the thing and the reasons for the destruction; and

(b) stating what the article contained, if that information has been recorded.

Exceptions

(9) Subsection (7) or (8) does not apply in relation to a prohibited thing:

(a) if an AFP appointee (within the meaning of the Australian Federal Police Act 1979), or a member of the police force or police service of a State or Territory, informs an employee of Australia Post that subsection (7) or (8) should not apply in relation to that thing; or

(b) in the circumstances determined in an instrument under subsection (10).

(10) The Minister may, by legislative instrument, determine circumstances for the purposes of paragraph (9)(b).

Same permitted person may do several things

(11) To avoid doubt, the same permitted person may do 2 or more things under this section in relation to an article or its contents.