Document ID: chunk:federal_register_of_legislation:C2008C00423:clause:1_19h
Version: federal_register_of_legislation:C2008C00423
Segment Type: clause
Provision Reference: sch 1 cl 19H
Character Range: 8293–10245

19H  Action taken by contractors

 (1) Subsections (2) and (3) apply if:
 (a) a contractor, or an employee of a contractor, in relation to a postal services contract with Australia Post or a registered PPO, takes action with respect to the provision of a postal or similar service; and
 (b) the contractor, or the employee, took the action to fulfil or purport to fulfil an obligation under:
 (i) if the contractor is responsible under another contract for the provision of services covered by the postal services contract—the other contract; or
 (ii) otherwise—the postal services contract.

Attribution of action to Australia Post or registered PPO

 (2) For the purposes of this Part, the action is taken to have been taken by Australia Post or the registered PPO (as the case may be).

Persons taken to be officers of Australia Post or registered PPO

 (3) For the purposes of this Part, the following are taken to be officers of Australia Post or the registered PPO (as the case may be) in relation to that action:
 (a) the person who took the action;
 (b) if the person who took the action was the employee of a contractor—the contractor;
 (c) if paragraph (b) applies and the contractor is:
 (i) a body corporate—the directors and the secretary of the body corporate; or
 (ii) a partnership—the partners in the partnership.

Contractors and postal services contracts

 (4) In this section:

contractor, in relation to a postal services contract, means a person who is:
 (a) a party to the postal services contract; or
 (b) both:
 (i) a party to a contract (the subcontract) with a person who is a contractor, in relation to the postal services contract, because of a previous application of this definition; and
 (ii) responsible under the subcontract for the provision of services covered by the postal services contract.

postal services contract means a contract relating to the provision of postal or similar services within Australia.