ACCC invites submissions on proposed new service from Australia Post

Australia Post has advised the Australian Competition and Consumer Commission that it intends to lodge a price notification relating to a proposed new service called Impact Mail.

The Impact Mail service will allow the postage of bulk quantities of irregular shaped mail.

Australia Post is required to lodge a price notification under Section 95Z(5) of the Trade Practices Act 1974 because the Impact Mail service falls within the definition of Australia Post's reserved services.

Reserved postal services are declared under Part VIIA of the Act. This means Australia Post must notify the ACCC before it can introduce the Impact Mail service. The ACCC is responsible for assessing the proposed price to determine whether it is appropriate.

The ACCC is inviting submissions from interested parties to assist with its consideration of this proposal.

Submissions should be made by 5 p.m. Monday 23 August 2004.

Background

Under the Australia Postal Corporation Act 1989, certain postal services are "reserved" to Australia Post, meaning that Australia Post has the exclusive right to provide these services.

These "reserved services" are declared under Part VIIA of the Trade Practices Act 1974. This means Australia Post must notify the ACCC if it proposes to increase the price of a reserved service, or if it proposes to introduce a new service that falls within the definition of reserved services, or if it proposes to provide an existing reserved service under terms and conditions that are not the same or substantially similar to the existing terms and conditions of that service.

The object of the prices surveillance provisions (Part VIIA of the Trade Practices Act) is to have prices surveillance applied in markets where the Minister considers that competitive pressures are not sufficient to achieve efficient prices and protect consumers.

The ACCC must review these price notifications and take such action, in accordance with Part VIIA, as it considers appropriate. After consideration of a notification, the ACCC may do three things:

• it may serve a notice stating it has no objection to the person supplying the relevant goods or services on the proposed terms and the proposed price
• it may serve a notice stating it would have no objection to the person supplying the relevant goods or services on the proposed terms at a specified price, being a price that is lower than the proposed price or
• it may not serve any notice (in which case the proposed price applies).