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AUSTRALIAN POSTAL CORPORATION ACT 1989 - SECT 90E

Definitions

    In this Part:

"ASIO" means the Australian Security Intelligence Organisation.

"ASIO Act" means the Australian Security Intelligence Organisation Act 1979 .

"authorised ASIO officer" has the meaning given by section   90F.

"authorised discloser" has the meaning given by section   90FA.

"authorised examiner" has the meaning given by section   90FB.

"compliance agency" means any of the following:

  (a)   the Immigration and Border Protection Department;

  (b)   the Agriculture Department (within the meaning of the Biosecurity Act 2015 );

  (c)   an entity for which a quarantine inspection officer of a prescribed State/Territory exercises quarantine powers or performs quarantine functions;

  (d)   a consumer protection agency;

  (e)   another prescribed agency.

"Comptroller-General of Customs" means the person who is the Comptroller - General of Customs in accordance with subsection   11(3) or 14(2) of the Australian Border Force Act 2015 .

"consumer protection agency" means any of the following:

  (a)   the ACCC;

  (b)   the Australian Securities and Investments Commission;

  (c)   the Office of Fair Trading of New South Wales;

  (d)   the Office of Fair Trading and Business Affairs of Victoria;

  (e)   the Department of Fair Trading of Queensland;

  (f)   the Department of Consumer and Employment Protection of Western Australia;

  (g)   the Office of Consumer and Business Affairs of South Australia;

  (h)   the Office of Consumer Affairs and Fair Trading of Tasmania;

  (i)   the Office of Fair Trading of the Australian Capital Territory;

  (j)   the Office of Consumer and Business Affairs of the Northern Territory;

  (k)   another prescribed agency.

"consumer protection law" means:

  (a)   the Competition and Consumer Act 2010 ; or

  (b)   the Australian Securities and Investments Commission Act 2001 ; or

  (c)   the Corporations Act 2001 ; or

  (d)   a State Fair Trading Act; or

  (e)   a State Sale of Goods Act; or

  (f)   another prescribed Act.

"customs duty" means any duty of customs imposed under a law of the Commonwealth.

"customs officer" means an officer of Customs within the meaning of the Customs Act 1901 .

"employee of Australia Post" , when used in this Division (other than section   90FB) or in Division   2, 4 or 5, includes a person who performs services for or on behalf of Australia Post and an employee of such a person.

"GST" has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 .

"Immigration and Border Protection Department" means the Department administered by the Minister administering Part   XII of the Customs Act 1901 .

"information" includes suspicions, suppositions or opinions.

"in the course of post" , in relation to an article, means the article:

  (a)   is being carried by post; or

  (b)   has been collected or received by Australia Post for carriage by post, but has not been delivered by Australia Post.

"prescribed State/Territory" means any of the following that is prescribed by regulations:

  (a)   a State;

  (b)   the Australian Capital Territory;

  (c)   the Northern Territory.

"quarantine inspection officer" of a prescribed State/Territory means a person who exercises quarantine powers or performs quarantine functions under a law of the prescribed State/Territory.

"quarantine material" means anything in relation to which a quarantine inspection officer of a prescribed State/Territory may exercise quarantine powers or perform quarantine functions under a law of the prescribed State/Territory.

"scam mail" means an article that it is reasonable to suspect is one of a batch sent in breach of a consumer protection law.

"specially protected" has the meaning given by subsections   90G(2) and (3).

"State Fair Trading Act" means the following Acts for each State and Territory or another prescribed Act:

 

Item

State or Territory

Act

1

New South Wales

Fair Trading Act 1987

2

Victoria

Fair Trading Act 1999

3

Queensland

Fair Trading Act 1989

4

South Australia

Fair Trading Act 1987

5

Western Australia

Fair Trading Act 1987

6

Tasmania

Fair Trading Act 1990

7

Northern Territory

Consumer Affairs and Fair Trading Act 1990

8

Australian Capital Territory

Fair Trading Act 1992

"State Sale of Goods Act" means the following Acts for each State and Territory or another prescribed Act:

 

Item

State or Territory

Act

1

New South Wales

Sale of Goods Act 1923

2

Victoria

Goods Act 1958

3

Queensland

Sale of Goods Act 1896

4

South Australia

Sale of Goods Act 1895

5

Western Australia

Sale of Goods Act 1895

6

Tasmania

Sale of Goods Act 1896

7

Northern Territory

Sale of Goods Act 1972

8

Australian Capital Territory

Sale of Goods Act 1954

"taxable importation" has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 .

"Universal Postal Union" means the specialised agency of the United Nations established in accordance with Articles 57 and 63 of the United Nations Charter.

"UPU instrument" means any Act, Additional Protocol, regulation, agreement, resolution, decision, recommendation, formal opinion or other instrument made under the authority of the Congress of the Universal Postal Union.

"wine tax" has the same meaning as in the A New Tax System (Wine Equalisation Tax) Act 1999 .



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