PART A - GENERAL POSTAL SERVICES
1.1 Unless Australia Post and a customer have a separate written agreement on terms and conditions for any service, these Australia Post Terms and Conditions exclusively set out the rights and obligations between Australia Post and the customer.
1.2 In consideration of Australia Post agreeing to provide postal and/or related services to the customer, the customer agrees to comply with these Australia Post Terms and Conditions.
1.3 Where Australia Post and a customer reach any separate Agreement concerning the terms and conditions upon which any service will be supplied to a customer, and where the separate agreement states that these terms and conditions will be incorporated into that Agreement, these terms and conditions apply to the extent that they are not inconsistent with any provisions of the Agreement.
1.4 Australia Post provides special services supplementary to the standard postal services contained in the body of these Australia Post Terms and Conditions, the terms and conditions of which are set out in the schedules hereto, and where the customer applies for a special service without written agreement, then the terms and conditions contained in the schedule shall apply to the provision of that special service to the customer as if a written agreement had been entered into.
2.1 In these Terms and Conditions, unless the contrary intention appears herein or in the Dictionary of these terms and conditions:
2.1.1 words used shall have the meaning ascribed thereto in the Act;
2.1.2 where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings;
2.1.3 words importing a gender include any other gender; and
2.1.4 words in the singular number include the plural and words in the plural number include the singular.
3.1 These terms and conditions may be varied or added to from time to time by Australia Post by reasonable notice in writing or as otherwise required by law.
4.1 Australia Post may at its absolute discretion and subject to any other provision contained herein, carry postal articles by the most convenient method subject to the operational requirements of Australia Post and may subcontract such carriage at its absolute discretion.
5.1 To the extent permitted by the Act, Australia Post is not a common carrier and reserves the right to refuse to provide postal and related services to any customer or to accept articles of any particular class, character or nature whatsoever at its sole discretion.
6.1 These Terms and Conditions are governed by the laws of Victoria.
7.1 The customer must pay postage and all other fees related to the postal and related services calculated in accordance with the rates and charges published by Australia Post from time to time, for the supply by Australia Post of postal and related services to, or at the direction of, the customer, and the customer warrants that if the customer acts, or purports to act, as agent for another person that the customer has the authority of that other person to so act.
7.2 The customer must comply with the correct addressing standards specified in Appendix 1.
7.3 The customer who is the addressee of an article addressed to a residential premises, must provide a receptacle which in the reasonable opinion of Australia Post, is easily accessible and of sufficient size for the purpose of receipt of the anticipated volume of standard letters which pursuant to these terms and conditions may be delivered at that residential premises.
7.4 Where a customer fails to comply with his obligations under this clause Australia Post may in its absolute discretion refuse to provide the service.
8.1 Unless otherwise provided in the Act or these terms and conditions or any other agreement entered into between Australia Post and the customer, the postage payable on the carriage of an article shall be payable by:
8.1.1 for articles lodged for domestic carriage, affixing uncancelled postage stamps to the article: or
8.1.2 for articles lodged in Australia for international carriage, affixing uncancelled postage stamps bearing the words "International Post" to the article or alternatively where the words "International Post" do not appear by affixing uncancelled postage stamps equivalent to 110% of the postage payable on the article.
8.2 A postage stamp affixed to an article in accordance with clause 8.1 must be capable of being cancelled and if any such postage stamp is not capable of being cancelled the article shall be deemed to be an "underpaid article".
8.3 For the purposes of clause 8.1 a postage stamp shall be deemed to have been affixed to an article when a franking machine or postage meter impression is impressed on or affixed to the article.
9.1 A person lodging an article for carriage by post shall not use a postage paid imprint unless the imprint complies with the terms and conditions of the Australia Post Postage Paid Imprint Service.
9.2 Postage indicated by a postage prepaid imprint, mark, label or design authorised by Australia Post for the purpose of prepaying postage, printed or impressed on a product sold by Australia Post shall be valid only for payment of postage on the product on which it was originally printed or impressed.
9.3 Postage indicated by a postage prepaid imprint, mark, label or design authorised by Australia Post for the purpose of prepaying postage shall be valid only for payment of postage for the service indicated on the article upon which it appears.
10.1 Except where a person has a charge account postage on an article that is lodged for carriage by post by the PreSort Letter service or the print post service shall be paid in money and the article shall be affixed with a postage paid imprint or a postage meter impression.
10.2 Where there is a single lodgment of articles for carriage by post, otherwise than under clause 10.1, and the office of lodgment issues an adhesive "Postage Paid Australia" label for affixing to each article in the lodgment, postage shall be paid in money only.
10.3 Postage on an express post envelope or container lodged for carriage by the express post service shall be indicated by means of an individually numbered and intact barcode label affixed to the article, and shall be paid in money.
10.4 Where there is a single lodgment of articles for carriage by post, otherwise than:
10.4.1 under clause 10.1; and
10.4.2 for carriage by the electronic mail services,
and the office of lodgment does not issue an adhesive "Postage Paid Australia" label for affixing to each article in the lodgment and, further, the articles are arranged in a manner approved by the office of lodgment, postage may be paid in money or by postage stamps.
10.5 Postage payable by the addressee of an article that is carried by
10.5.1 the reply paid service;
10.5.2 the international reply paid service;
10.5.3 the key return service; or
10.5.4 in pursuance of any other authorised arrangement,
may be paid in money or by postage stamps.
10.6 Where a person is permitted or required by this clause to pay postage in money, the person may apply to Australia Post for approval to charge postage to a charge account.
10.7 Except where postage is provided to an authorised onseller, where a person charges postage to a charge account and:
10.7.1 Australia Post has issued a statement of the charge account;
10.7.2 a person pays the amount stated in the statement within five days after the date of issue of the statement; and
10.7.3 no payment or other postage charged to that account was overdue when the payment referred to in clause 10.7.2 was made,
that person shall be entitled to a rebate in respect of the amount stated on the statement at a rate determined by Australia Post for that purpose to be credited to the account of that person at the end of the next succeeding month.
10.8 Notwithstanding any other provision in this clause, payment may be made only in money at an office approved by Australia Post for that purpose provided, however, that an Australia Post employee may refuse to accept payment of postage by means other than bank notes and coins in his absolute discretion and without giving any reason for such refusal, and no liability will accrue to Australia Post for any loss or damage arising as a result of the refusal of the employee.
11.1 Unless the original sender of an article has entered into an agreement with Australia Post guaranteeing payment of postage for return of opened articles the postage in respect of such return shall be payable by the person who lodged it for return to the original sender.
12.1 An alternatively delivered article shall not be lodged for carriage by Australia Post unless it has the postage payable under clause 7, affixed.
12.2 An alternatively delivered article lodged with Australia Post in contravention of clause 12.1 shall be destroyed or otherwise disposed of as Australia Post sees fit.
13.1 Australia Post may provide postage prepaid articles which have a postage prepaid imprint or a representation of a postage stamp printed or impressed on them.
13.2 The price of postage prepaid articles shall be as determined by Australia Post.
13.3 Postage prepaid articles shall comply with the conditions for carriage of such articles as determined by Australia Post.
13.4 For the purpose of these Terms and Conditions, the amount paid as postage on an Australia Post prepaid product shall be deemed to be the amount that would have been payable on the article if it had not been impressed with a postage prepaid imprint. For the purposes of this clause, "Australia Post prepaid product" shall mean those products which are printed or impressed with an imprint to the effect "Postage Prepaid".
13.5 Postage prepaid articles which do not comply with the conditions for carriage shall be carried at a rate of postage applicable to the article at the time of lodgment. In assessing the applicable rate of postage, a credit shall be given for postage prepaid on the article which shall be an amount equivalent to the purchase price of a single like article at the time of lodgment. Where the amount credited is less than the applicable rate of postage the difference shall be affixed to the article by postage stamps.
13.6 A postage prepaid envelope may be carried by the registered post service subject to compliance with the terms and conditions applicable to the provision of that service.
14.1 Unless otherwise provided in these terms and conditions the postage payable on the carriage of an article by post shall be paid by the person lodging the article.
14.2 The postage payable on an article carried by post under the reply paid, international reply paid or key return services shall be paid by the addressee.
14.3 Where an article is returned to its sender pursuant to clause 26 any postage payable on its return shall be paid by that sender.
14.4 Where an article is lodged for further carriage pursuant to clause 21 any postage payable on its further carriage under that clause may be paid by the person lodging it for that carriage and shall, where it has not been paid by that person at the time of lodgment, be paid by the addressee of the article.
14.5 Where an article has been redirected before delivery pursuant to clause 20 any postage payable on its redirection under that clause shall by paid by its addressee.
14.6 Where an article, other than a postage prepaid envelope, is lodged for carriage by the cash-on-delivery service and the sender requests at the time of lodgment of the article that the postage payable on it shall be paid by the addressee, the postage is payable by the addressee, but if the article is unclaimed or refused by or undeliverable to the addressee, the postage shall be payable by the sender.
14.7 Where postage that is required to be paid by a person under this clause has not been paid in accordance with clause 15 it shall be paid by the person, and at the time, prescribed by clause 28.
15.1 Unless otherwise provided in these terms and conditions the postage payable on the carriage by post of an article shall be paid at or before the time the article is lodged.
15.2.1 the addressee of an article;
15.2.2 the sender of an article in respect of its return to the sender;
15.2.3 any other person with whom Australia Post has entered into an arrangement,
the postage shall be paid at or before the time the article is delivered.
15.3 Postage shall be deemed to have been paid when it is debited to a charge account.
15.4 For the purposes of this clause, where an article is delivered to an addressee accompanied by a requirement that the addressee pay postage on the article by affixing postage stamps or a franking machine or postage meter impression to a card and returning the card to Australia Post, the postage shall, if the requirement is duly complied with, be deemed to have been paid at the time the article was delivered.
16.1 Australia Post will use its best endeavours to deliver articles in accordance with these terms and conditions and Appendix 2.
16.2 Notwithstanding clause 16.1, where an article is lodged for carriage and that article does not comply with these terms and conditions Australia Post is not obliged to deliver that article and lodgment shall in no way constitute acceptance of the article for carriage by Australia Post.
17.1 Where a person claims:
17.1.1 to be the addressee of an article; and
17.1.2 that he may not receive the article if delivered according to these terms and conditions and Appendix 2,
that person may notify Australia Post accordingly at the office from which the article would in the normal course of carriage be delivered or redirected.
17.2 On receipt of a notice given under clause 17.1 Australia Post may:
17.2.1 if in its reasonable opinion that person is the addressee, deliver the article to that person; or
17.2.2 if Australia Post is not reasonably satisfied that, that person is the addressee Australia Post may at its absolute discretion either:
(i) deliver the article to the person who is the addressee in accordance with these terms and conditions; or
(ii) mark the article "in dispute" and treat it as being undeliverable to its addressee.
18.1 A person who has lodged an article other than an express post article may apply to Australia Post to have the article withheld from delivery and returned to him.
18.2 An application under clause 18.1 shall be made in writing, describe the article and be accompanied by the application fee determined by Australia Post for that purpose and shall state the contents of the article and the applicant's reasons for requiring its return.
18.3 The applicant shall undertake to pay to Australia Post any costs incurred by Australia Post in sending messages by telephone or an electronic mail service in connection with the withholding and return of the article and, in the case of a parcel or a parcel post satchel, the postage payable on the carriage of the article from the office at which it is intercepted to the applicant.
18.4 No article, other than a parcel or a parcel post satchel, shall be returned to an applicant under this clause unless an authorised person determines -
(i) in the reasonable opinion of Australia Post there are special reasons for permitting the article to be withdrawn and returned; or
(ii) the person to whom the article is addressed has consented to its return.
18.5 Neither the fee paid pursuant to clause 18.2 nor the costs incurred by the applicant pursuant to clause 18.3 shall be refunded or remitted in the event of an article being delivered before it can be withdrawn from delivery.
18.6 A parcel or a parcel post satchel may not be withheld from delivery after it has been made up for carriage outside Australia.
18.7 Nothing in this clause requires Australia Post to return an article after lodgement and before delivery when Australia Post forms the reasonable opinion that it may not be able to locate the article or that any attempt to locate the article would cause operational difficulties.
19.1 Australia Post may, in its absolute discretion, make an investigation of the alleged non-delivery of an article if:
19.1.1 the applicant is able to provide a description of the article and of the method of lodgment which, in the reasonable opinion of Australia Post, are sufficient to enable inquiries to be made;
19.1.2 the application is made after the time when the article would have been delivered in the normal course of post; and
19.1.3 the application is made within 6 months after lodgment and, in the case of a registered or insured article or an express post parcel, is accompanied by the official receipt postmarked and issued at the time of lodgment.
20.1 A redirection before delivery service and a holding service is provided by Australia Post and is subject to the terms and conditions applicable to that service at the time of the application.
21.1 Subject to clause 22, where Australia Post has delivered a postal article and the addressee no longer receives articles so delivered by reason of his or her temporary or permanent change of address, any person receiving the article may:
21.1.1 redirect it to the addressee by altering the direction on the article and lodging it for further carriage in accordance with these terms and conditions; or
21.1.2 endorse it "Left address" or words of similar meaning and lodge it with Australia Post.
21.2 No article that has been carried by registered post shall be lodged pursuant to clause 21.1.1 otherwise than for further carriage by registered post.
21.3 Where an article lodged pursuant to clause 21.1.1 appears to have been opened and tampered with before it was so lodged, postage shall be payable on the further carriage of the article as if it were an original article and shall exclude any registration or Extra Cover fee otherwise payable on such carriage.
21.4 Subject to clause 21.3, where an article lodged pursuant to clause 21.1.1:
21.4.1 is a parcel post article, an express post container or an express post parcel; and
21.4.2 its further carriage would entail carriage from the office at which it is so lodged to another office for delivery,
the amount payable for further carriage of the article shall be limited to the postage as if the article were being carried as an original article and shall exclude any registration or Extra Cover fee otherwise payable on such carriage.
21.5 Subject to clauses 21.3 and 21.4, no postage is payable on a further carriage effected pursuant to this clause.
22.1 Articles may be redirected unless the sender and Australia Post have entered into an agreement whereby Australia Post has agreed to permit the sender to prohibit redirection.
23.1.1 at an office; or
23.1.2 to an addressee at a hotel or other accommodation establishment, other than the proprietor, an employee, or a member of the family of the proprietor or an employee of that establishment,
and has not been claimed by the addressee within 30 days after the date on which the article is delivered to that office or establishment, the article shall be treated as an article unclaimed by its addressee.
23.2 The proprietor of an establishment shall return any article unclaimed by its addressee to an office of Australia Post.
24.1 Unless otherwise agreed between Australia Post and the customer, an article may be deemed undeliverable if:
24.1.1 in the reasonable opinion of Australia Post it does not bear an address sufficient for delivery; and
24.1.2 it is endorsed, or is otherwise known to Australia Post, that the addressee is unknown or does not receive articles at the address on the article; or
24.1.3 there are no receptacles or facilities for receipt of the article or the receptacle or facilities provided are, in the reasonable opinion of Australia Post, inadequate.
24.2 An article lodged for international carriage is deemed undeliverable if it is not lodged with the required documents including but not limited to a consignment note, air bill, customs declaration or dangerous goods declaration.
24.3 An article addressed to an office for delivery is deemed undeliverable unless addressed:
24.3.1 through a post office box, locked bag or private mail bag;
24.3.2 as a parcel post article or an article carried by the cash-on-delivery service;
24.3.3 to a visitor or tourist who has been resident in the area served by the office for less than 6 months;
24.3.4 to an addressee who has been given prior permission by Australia Post to have articles addressed to him at that office; or
24.3.5 to an addressee resident in an area to which delivery is not provided.
24.4 Where the address on an article addressed for delivery pursuant to clauses 24.3.2, 24.3.3 or 24.3.4 does not include:
24.4.1 the family name of the addressee; and
24.4.2 either the given name of the addressee of the initial letter of that name,
Australia Post may treat the article as undeliverable.
25.1 Where in the reasonable opinion of Australia Post an addressee has declined to accept delivery of an article or where an article has been placed in a box or bag in which the addressee usually receives articles and is subsequently returned to Australia Post endorsed with an indication that the addressee has declined to accept delivery of the article, the article shall be deemed to be refused by its addressee.
26.1 Subject to clauses 26.3 and 28, where an article is unclaimed, refused by, or undeliverable to, its addressee, the article shall:
26.1.1 if it has a return address be delivered to that address;
26.1.2 if it has no return address and it has been opened pursuant to the Act; and
(i) if, in the reasonable opinion of Australia Post, the correct address of the addressee of the article has been ascertained - be delivered to that address; or
(ii) if the correct address of the addressee has not been so ascertained, but the address of the sender has been ascertained - be returned to the sender; and
26.1.3 in any other case - be treated as an undeliverable article and dealt with in accordance with clause 27.
26.2 Where delivery of an article is attempted pursuant to clause 26.1 and the article is unclaimed or refused by, or undeliverable to, the person to whom it is so directed, it shall be treated as an undeliverable article and dealt with in accordance with clause 27.
26.3 Where a parcel post article, an express post container or an express post parcel is returned to its sender pursuant to this clause and its return entails its carriage from the office at which it was held for delivery to another office, postage is payable on that carriage as if it were an original carriage between the office at which it was held for delivery and the return address of the sender.
27.1 An undeliverable article may be disposed of by Australia Post as follows:
27.1.1 in compliance with any court order;
27.1.2 if the carriage of the article is prohibited and the article and its contents have been forfeited to the Commonwealth under the Act, and/or if the article constitutes, or is reasonably believed to constitute, evidence of a criminal offence, by providing the article to the appropriate police force, customs service, prosecuting authority or commission of inquiry, as the case may be, provided, however, that nothing requires Australia Post to so provide the article where in Australia Post's reasonable opinion the article will not be accepted;
27.1.3 if the article is not disposed of in accordance with clauses 27.1.1 or 27.1.2 , then the article may be sold, destroyed or otherwise disposed of, in such a manner as Australia Post deems fit. The proceeds of any sale after deducting the costs of disposal, shall be paid into Australia Post's Unclaimed Money Fund.
28.1 Subject to clause 28.4 where an underpaid article is detected in the course of carriage and the sender can be identified without opening the article, Australia Post may endorse the article to the effect that deficient postage is to be claimed from the sender and carry the article for delivery as a fully paid article.
28.2 Where an article is carried pursuant to 28.1, Australia Post may deliver a written notice to the sender requiring payment of the amount of the deficient postage and the amount of the service fee determined for the purpose of this clause.
28.3 Where an underpaid article is detected during the course of carriage and the sender of the article cannot be identified without opening the article, the article shall:
28.3.1 if it appears to have been lodged by being handed to an employee at an office, be carried for delivery as a fully paid article; or
28.3.2 it does not appear to have been so lodged, be endorsed with an indication of the amount of the deficient postage and the amount of the service fee determined by Australia Post sender for the purpose of this clause and shall, subject to clause 28.6, be delivered to the addressee with the written request that the addressee either pay the endorsed amount in the manner specified in the request or mark the article
