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PART C - INTERNATIONAL POSTAL SERVICES

PRELIMINARY

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45 Interpretation

45.1 A word or expression used in this Part shall, unless the contrary intention appears herein or in the dictionary hereto, have the same meaning as in the Universal Postal Union's Universal Postal Convention.

45.2 For the purposes of this Part, a place in an external Territory shall be deemed not to be a place outside Australia.

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46 Applicability of these Terms and Conditions to overseas mail

46.1 The provisions of this Part shall apply to:

46.1.1 articles lodged in Australia for carriage to a place outside Australia; and

46.1.2 articles received in Australia from a place outside Australia for delivery in Australia,

except to the extent that those provisions are inconsistent with a provision of any convention that impose obligations on Australia in relation to matters within the functions of Australia Post or have been adopted by Australia in pursuance of that convention.

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47 Customs Documentation

47.1 All articles lodged for international carriage or carriage to an external territory shall be accompanied by the appropriate customs documentation.

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48 Availability of services

48.1 The availability of a category of service to a particular place shall be contingent on arrangements made between Australia Post and the postal administration of that place.

PAYMENT OF POSTAGE

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49 Sea Mail rates of postage

49.1 Australia Post may nominate zones to which articles lodged for international carriage may be carried by sea mail and the postage payable in respect of that carriage will be calculated in accordance with the sea mail rates determined by Australia Post for that zone.

49.2 Where printed papers are:

49.2.1 lodged for carriage by sea mail to a place outside Australia;

49.2.2 addressed to the same addressee; and

49.2.3 enclosed in a special bag, the mass of which and its contents is not more than 16 kilograms

a print post rate determined by Australia Post applies.

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50 Air mail rates of postage

50.1 Australia Post may nominate zones to which articles lodged for international carriage may be carried by air mail and subject to clause 51, the postage payable in respect of that carriage will be calculated in accordance with the air mail rates determined by Australia Post for that zone.

50.2 Where printed papers are:

50.2.1 lodged for carriage by economy air to a place outside Australia;

50.2.2 addressed to the same addressee; and

50.2.3 enclosed in a special bag, the mass of which and its contents is not more than 16 kilograms

a print post rate determined by Australia Post applies.

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51 Economy air rates of postage

51.1 Australia Post may nominate zones to which articles lodged for international carriage may be carried by economy air mail and the postage payable in respect of that carriage will be calculated in accordance with the economy air mail rates determined by Australia Post for that zone.

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52 International postage prepaid articles

52.1 International postage prepaid articles shall be at the rate, and comply with the conditions for the carriage of such articles, as determined and published by Australia Post.

52.2 International postage prepaid articles which do not comply with the conditions for carriage shall be carried at the rate of prepaid postage or at a rate of postage applicable to the article at the time of lodgement, whichever is the greater. 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.

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53 International reply coupons

53.1 An international reply coupon may be purchased from Australia Post on payment of the amount determined by Australia Post for that purpose.

53.2 Where more than 100 international reply coupons are presented to Australia Post at any one time for exchange for postage stamps, Australia Post may require the person presenting the coupons to affix the stamps to articles and lodge the articles at that time.

LODGMENT AND DELIVERY ISSUES

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54 Instruction in respect of non-delivery of postal parcels

54.1 The sender of a postal parcel that is lodged for carriage to a place outside Australia may not indicate in respect of that parcel that in the event of its non-delivery an advice of non-delivery of the parcel is to be dispatched to him or to a third party residing in Australia.

54.2 Where a postal parcel is received from a place outside Australia for delivery in Australia with an indication referred to in clause 54.1, that indication shall not be complied with.

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55 Demurrage

55.1 Where an article received from a place outside Australia for delivery in Australia:

55.1.1 has a mass of not less than 500 grams;

55.1.2 is an article -

(i) containing goods on which duties of Customs are payable; or

(ii) imported for a commercial purpose (whether liable to duties of Customs or not) and stored at a gateway mail facility;

55.1.3 is not addressed to a person on board a ship;

55.1.4 is not subsequently returned to its country of origin as an undeliverable article; and

55.1.5 remains undelivered, at the place at which it was assessed for duty, for more than 96 hours (excluding weekends and public holidays) after the despatch to the addressee of the article of a notification of its arrival,

demurrage is payable on that article, at the rate fixed by Australia Post, in respect of each 24 hours, or part of 24 hours, in excess of those 96 hours during which the article remains undelivered.

55.2 An article shall not be delivered until any demurrage payable on it has been paid.

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56 Articles posted abroad by or on behalf of Australian residents

56.1 This clause applies to an article lodged by a person as part of a lodgment of more than 300 articles during any period of 30 days in a place outside Australia for carriage to Australia, hereafter referred to as "an article posted abroad".

56.2 For the purposes of clause 56.1:

56.2.1 a person shall be deemed to have lodged an article if, acting either in Australia or elsewhere, he causes it to be lodged or the article is lodged on his behalf;

56.2.2 "person" means, in relation to the lodgment of an article posted abroad -

(i) an individual whose usual place of residence is in Australia;

(ii) a body corporate that is incorporated in Australia or that, not being incorporated in Australia, has either its central management or control in Australia or its voting power controlled by shareholders whose usual places of residence are in Australia; and

56.2.3 where an article posted abroad:

(i) has an Australian return address printed on it;

(ii) contains a response piece which bears an Australian address; or

(iii) includes information which enables the recipient to respond to a person at an Australian address by any means of communication,

then

(iv) the person named in the Australian return address;

(v) where no person is named in the Australian return address, the owner and/or occupier of the Australian return address; or

(vi) the person to whom any response is able to be directed,

shall be deemed to have caused the article to have been lodged.

56.3 Where a person:

56.3.1 notifies Australia Post of the number, type and date and place of lodgment of articles posted abroad by that person; and

56.3.2 pays to Australia Post in a manner approved by Australia Post an amount equal to the postage that would be payable on those articles if they were lodged at the place at which they are, or will be, first received in Australia for carriage to their addressees;

the articles may be delivered as addressed.

56.4 Where an article posted abroad has been carried to Australia and the person who lodged it has not given notice pursuant to clause 56.3 or has given notice but has failed to make payment in a manner approved by Australia Post, Australia Post may:

56.4.1 give a written "notice of delivery" to that person that the article has been detected in the course of carriage and that it has been delivered as addressed, without prejudice to any action which may be taken by Australia Post in respect of any further articles posted abroad by that person which may be received by Australia Post; or

56.4.2 retain the article and give a written "notice of retention" to that person that the article has been retained and the reason for the article's retention.

56.5 Where Australia Post has given a notice of retention to a person, that person may:

56.5.1 direct Australia Post to destroy the article; or

56.5.2 pay to Australia Post an amount of postage in respect of the article calculated under clause 56.3.2.

56.6 Where a person directs Australia Post under clause 56.5.1 to destroy an article, the article may be destroyed or returned to the country in which it was lodged.

56.7 Where a person makes payment in respect of an article under clause 56.5.2 in a manner approved by Australia Post, the article may be delivered as addressed.

56.8 An application may be made to Australia Post for review of a decision to retain an article under clause 56.4.

56.9 An application pursuant to clause 56.8 may not be made except:

56.9.1 by the person to whom notice has been given in respect of an article; and

56.9.2 within 14 days after the date on which the notice was received by that person.

56.10 Where notice of retention has been given to a person in respect of an article and that person has not taken action under clause 56.5 and has not made an application under clause 56.8 in respect of the article within 14 days after receiving the notice, the article may be returned to the country in which it was lodged.

56.11 Where:

56.11.1 an application has been made under clause 56.8 in respect of an article;

56.11.2 Australia Post has affirmed the decision under review; and

56.11.3 the person to whom a notice of retention was given, has not taken action under clause 56.5 within 14 days of the date upon which the Australia Post's decision was notified,

the article may be returned to the country in which it was lodged.

56.12 Any notification under this clause shall be deemed to have been properly given by sending written notice to the last known address of the recipient and the date that such notice is deemed to have been received by the recipient shall be the time that delivery is usually effected by ordinary post.

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57 Articles posted abroad in a country where sender does not reside

57.1 Where, during any period of 30 days, a person lodges outside Australia more than 300 articles in a place other than the country in which the person resides, for carriage to Australia, those articles shall be delivered by Australia Post to addressees if the postal administration of the country in which the articles were lodged has an arrangement to reimburse Australia Post for the cost of delivery of the articles.

57.2 Where there is no agreement with the postal administration of the country in which the articles in clause 57.1 have been lodged, then those articles shall either:

57.2.1 be returned by Australia Post by surface mail to the postal administration of the country of lodgment; or

57.2.2 upon payment to Australia Post by the person lodging the articles of a sum equivalent to the domestic postage due on the articles had they been lodged for post in Australia, the articles shall be delivered in Australia to addressees. If such payment is not made within 14 days of demand, then instead of returning the articles under 57.2.1, the articles may be destroyed by Australia Post.

57.3 For the purposes of clause 57.1:

57.3.1 "person" includes any body capable of suing or being sued in its own right;

57.3.2 an incorporated body shall be deemed to be resident in the country of its incorporation;

57.3.3 a person shall be deemed to have lodged an article if he causes it to be lodged or the article is lodged on his behalf;

57.3.4 a person shall be deemed to have lodged an article other than in the country in which the person resides, if:

(i) the article has any return address (other than an Australian address) printed on it which is located outside the country of lodgment; or

(ii) the article includes information which enables the recipient to respond to a person by any means of communication at an address (other than an Australian address) outside the country of lodgment;

57.3.5 an article shall be deemed to have been lodged in the country which has:

(i) issued the postage stamp affixed to the article; or

(ii) authorised the use of postage prepayment impressions in respect of the article; and

57.3.6 mail transhipped between postal administrations for onforwarding to another postal administration in accordance with the Universal Postal Union Convention, shall not be regarded as having been lodged in the country of transhipment.

EXPRESS POST INTERNATIONAL - LETTERS

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58 Express Post International - Letters - General

58.1 The express post international - letters service is one where an article may be lodged in an express post international envelope or container supplied by Australia Post.

58.2 Articles lodged for carriage by the express post international – letters service may not be carried by the registered post service or the Extra Cover service.

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59 Express Post International - Letters - Rates of Postage

59.1 Postage payable for the carriage of an express post international article shall be at the rates determined by Australia Post for carriage by the express post international - letters service at the time the express post international article was purchased.

59.2 Notwithstanding any prior payment of postage, postage at the prevailing rate shall be due on an express post international article where the barcode number on the article is already listed in Australia Post's records as being despatched on a date prior to the article's current posting.

59.3 Express post international - letters articles shall be carried at the 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.

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60 Express Post International - Letters - Service Standards

60.1 The express post international - letters service shall guarantee despatch by air at any time either on or before the next business day when lodged by the specified posting time at specified places to a specified place outside Australia, as published by Australia Post.

60.2 An express post international article that is lodged for carriage by the express post international - letters service at a place which is not specified in accordance with clause 60.1, shall receive priority handling throughout its carriage in Australia but shall not be guaranteed despatch by air under clause 60.1.

60.3 Except for postage rates specified in clause 59, an express post international article shall be governed by the conditions of service prevailing at the time of lodgment and not those conditions prevailing at the time the express post international article was purchased.

60.4 Despatch shall not be guaranteed by Australia Post under clause 60.1 where the failure to despatch has been caused by events beyond the control of Australia Post including, without limitation, strikes, industrial disputes, labour unrest, natural disasters, Acts of God, floods, fires, weather conditions, war, civil unrest or an incorrectly addressed article or an article without a completed sender's declaration.

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61 Express Post International - Letters - Failure to meet service standards

61.1 Where an express post international - letters article is not despatched by air from Australia to a place outside Australia at any time on the next business day after lodgment when lodged in accordance with clause 60.1, Australia Post will provide to the customer a replacement express post international envelope or container.

61.2 A customer wishing to claim an entitlement under clause 61.1 must produce to an office:

61.2.1 the barcoded strip endorsed "sender to keep"; or

61.2.2 the posting receipt.

61.3 Australia Post will not be liable under clause 61.1 unless:

61.3.1 postage has been paid for the carriage of an article by the express post international - letters service;

61.3.2 the article was lodged by the specified posting time and in accordance with the specified lodgment conditions;

61.3.3 the article is not excluded from guaranteed despatch by clause 60.2;

61.3.4 the failure to despatch the article by air to a place outside Australia at any time on the next business day after lodgment was not caused by events beyond the control of Australia Post as set out in clause 60.4; and

61.3.5 the sender was not alerted to the possibility that the article might not be despatched as guaranteed by either:

(i) a notice displayed on the post-box or at the office at which the article was lodged; or

(ii) such other public announcement or advertisement given to the public at large or to those members of the public potentially affected.

61.4 The provision of a replacement express post international envelope or container under clause 61.1 shall be additional to any compensation which may be payable under clause 73 for lost or damaged articles.

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