Commonwealth of Australia Explanatory Memoranda

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POSTAL SERVICES LEGISLATION AMENDMENT BILL 2003

2002-2003-2004


THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA


HOUSE OF REPRESENTATIVES



POSTAL SERVICES LEGISLATION AMENDMENT BILL 2003


FURTHER SUPPLEMENTARY EXPLANATORY MEMORANDUM


Amendment to be moved on behalf of the Government

Amendment (1) amends new item 14A in Schedule 1 to the Bill by omitting proposed section 30A and inserting a new proposed section 30A that does not contain a definition of ‘person’ for the purposes of that section.

Proposed section 30A of the Bill prohibits conduct that involves an infringement of Australia Post’s right to undertake reserved services. Civil penalties are provided for contravention of the prohibition. The maximum penalty for infringement by a body corporate is $250,000 and for an individual, $50,000. The new proposed section 30A would not change the prohibition or the penalties currently proposed in section 30A but would not retain the definition of ‘person’ currently provided in proposed section 30A. ‘Person’ is defined in proposed section 30A to include a partnership. In the event of a contravention of section 30A by a partnership, it is not clear whether all partners of a partnership would be liable for a penalty or only those involved in the breach.

The proposed amendment would not define ‘person’ for the purposes of section 30A and would thereby remove the legal uncertainty surrounding the application of the penalty provisions in proposed section 30A to the partners of a partnership. Section 22 of the Acts Interpretation Act 1901 would apply so that the reference to ‘person’ in new proposed section 30A would include a body politic or corporate, as well as an individual.

(Circulated by authority of the Hon. Daryl Williams AM QC MP, Minister for Communications, Information Technology and the Arts)

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