Australian Postal Corporation (Unsolicited Political Communications) Act 2019

Act No. 21 of 2019. Introduced by /u/PM-ME-SPRINKLES. Assented to 2019-06-12.

2019

The Parliament of the
Commonwealth of Australia

HOUSE OF REPRESENTATIVES



Presented and read a first time




Australian Postal Corporation
(Unsolicited Political Communications)
Bill 2019
No.           , 2019
(PM-ME-SPRINKLES)
(Witten by PM-ME-SPRINKLES)
(Drafted by Tobycool2001_1)




A Bill for an Act to amend the Australian Postal
Corporation Act 1989, and for related purposes
Contents
               1 Short title ...................................................................................................... 1
               2 Commencement ............................................................................................ 1
               3 Schedules...................................................................................................... 2

Schedule 1—Amendments                                                                                                             3




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 1   A Bill for an Act to amend the Australian Postal
 2   Corporation Act 1989, and for related purposes
 3   The Parliament of Australia enacts:
 4   1 Short title
 5                  This Act is the Australian Postal Corporation (Unsolicited
 6                  Political Communications) Act 2019.

 7   2 Commencement
 8              (1) Each provision of this Act specified in column 1 of the table
 9                  commences, or is taken to have commenced, in accordance with
10                  column 2 of the table. Any other statement in column 2 has effect
11                  according to its terms.


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         Commencement information
         Column 1              Column 2                                            Column 3
         Provisions            Commencement                                        Date/Details
         1. The whole of       The day this Act receives the Royal Assent.
         this Act
 1                    Note:     This table relates only to the provisions of this Act as originally
 2                              enacted. It will not be amended to deal with any later amendments of
 3                              this Act.

 4             (2) Any information in column 3 of the table is not part of this Act.
 5                 Information may be inserted in this column, or information in it
 6                 may be edited, in any published version of this Act.

 7   3 Schedules
 8                    Legislation that is specified in a Schedule to this Act is amended or
 9                    repealed as set out in the applicable items in the Schedule
10                    concerned, and any other item in a Schedule to this Act has effect
11                    according to its terms.




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                                                                         Amendments Schedule 1




 1   Schedule 1—Amendments
 2   Australian Postal Corporation Act 1989
 3   1 At the end of section 32A
 4             Add:
 5             (4) Australia Post must not deliver to premises within Australia:
 6                   (a) an election advertisement while supplying a bulk
 7                       interconnection service; or
 8                   (b) an unaddressed election advertisement;
 9                 if there is a notice displayed at the premises that contains the
10                 phrase no election mail, or a phrase with the same meaning.
11             (5) Australia Post must not deliver to premises within Australia:
12                   (a) a political advertisement while supplying a bulk
13                       interconnection service; or
14                   (b) an unaddressed political advertisement;
15                 if there is a notice displayed at the premises that contains the
16                 phrase no political mail, or a phrase with the same meaning.
17             (6) A phrase will have the same meaning as no election mail or no
18                 political mail regardless of:
19                  (a) the specific type of communication referenced, so long as it
20                       can be sent through the mail;
21                 Note:       Examples of communications that can be sent through the mail
22                             includes materials, notices, advertisements, campaigns, information
23                             etc.
24                    (b) a reference to unsolicited or unaddressed communications; or
25                 Note:       For example, ‘no unsolicited election materials.
26                    (c) the usage of words indicating politeness.
27                 Note:       For example, ‘no political notices please’.

28             (7) Sections 1(4) or 1(5) do not apply if the notice displayed at the
29                 premises purports to exempt to a person, entity, political party or
30                 political view from the application of 1(4) or 1(5).
31                 Note:       For example, ‘no [XYZ Party] ads’.



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     Schedule 1 Amendments




 1   2 Section 3
 2          Insert:
 3               election advertisement, in relation to an election, means:
 4                 (a) a letter that contains election matter that relates to that
 5                     election;
 6                 (b) a letter containing a statement to the effect that the letter has
 7                     been sponsored by a person or persons and indicating that the
 8                     person is a candidate, or one or more of the persons is or are
 9                     candidates, at the election; or
10                 (c) a letter containing a statement to the effect that the letter has
11                     been sponsored by a particular political party where a
12                     candidate at the election belongs to that party.
13               election matter, in relation to an election, means matter of any of
14               the following kinds:
15                 (a) matter commenting on, or soliciting votes for, a candidate at
16                     the election;
17                 (b) matter commenting on, or advocating support of, a political
18                     party to which a candidate at the election belongs;
19                 (c) matter commenting on, stating or indicating any of the
20                     matters being submitted to the electors at the election or any
21                     part of the policy of a candidate at the election or of the
22                     political party to which a candidate at the election belongs; or
23                 (d) matter referring to a meeting held or to be held in connection
24                     with the election.
25
26                    political advertisement means a letter that contains political
27                    matter.
28
29                    political matter means any political matter, including the policy
30                    launch of a political party.

31   3 Constitutional matters
32          (1) The amendment made by item 1 and 2 does not apply to the extent
33              (if any) that it would infringe any constitutional doctrine of implied
34              freedom of political communication.


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                                                                   Amendments Schedule 1




1             (2) The amendment made by item 1 and 2 does not apply to the extent
2                 (if any) that it would result in an acquisition of property (within the
3                 meaning of paragraph 51(xxxi) of the Constitution) from a person
4                 otherwise than on just terms (within the meaning of that paragraph
5                 of the Constitution).




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Amends