let me explain some parts of the law

[joethenuts]

a lot of posters keep thinking that if its written in the law ,thats it.  well wrong ,ask any solicitor.

if that was the case we would not need any courts.

a law is written for instance law 1.   then there is only if  a  or   f   or section  bla , does not ocur.

lets talk about photos in a post office, once you hand over your letters and as soon as the postman stamps them ,they are deemed to be the property of the federal gov. once you touch or take a photo ,then theres privacy laws.  its simple its not yours anymore.

we also have posters complaining about paypal taking money out of your account when there is a problem.

read your contract with them , you agreed to there policy  ,if you dont agree dont sign up or take the contract to a solicitor. 

just because something is said in the law , companies have agreements with them  .  like the bank on charge backs  the law states a bank cant take money out of another banks client.  but the banks have an agreement that allows that.  and we all know that happens.

look at the law about porn movies , i still have had nobody answere that.  its simple the law states porn movies can only be sold in canberra.    have a look around  most suburbs have an adult shop.   i would say there is an agreement with the law.  these shops are not hidden , some are the size of small supermarkets.

in fact a couple of months ago i won an auction on ebay for some new steel paint tins and lids , when she gave me the pick up details  it was to an adult bookstore , i then looked at the  item number  in case i bid on the wrong line, but all correct. anyway i drive to the loading bay ,she opened up the roller door and my eyes nearly popped out , as i was loading the boxes , i did not ask why they had new empty paint tins , but i did ask why the girl on the corner wearing  just underwear was smiling at me ,she said thats a blow up doll , yes but whats her name.     lol

[dylan11235813]

I thought transfer of ownership of an item took place (generally speaking) after it actually leaves the business premises.

[candbe4]

---

@dylan11235813 wrote:

I thought transfer of ownership of an item took place (generally speaking) after it actually leaves the business premises.

---

It varies depending on transaction type but with eBay items (which are known as specific goods), case law has determined that title transfers upon payment unless otherwise agreed upon.

[k1ooo-slr-sales]

---

@joethenuts wrote:

a lot of posters keep thinking that if its written in the law ,thats it.  well wrong ,ask any solicitor.

if that was the case we would not need any courts.

a law is written for instance law 1.   then there is only if  a  or   f   or section  bla , does not ocur.

lets talk about photos in a post office, once you hand over your letters and as soon as the postman stamps them ,they are deemed to be the property of the federal gov. once you touch or take a photo ,then theres privacy laws.  its simple its not yours anymore.

---

I went to the Australia Post website to seek clarification of this concept that ownership is transferred to AP once an article is lodged.

The AP webpage that I ended up at was http://auspost.com.au/general-terms-conditions.html

There are many links on this page related to "Terms and Conditions" for mail services provided by AP.  The (54 page)  one I looked at in detail was

http://auspost.com.au/media/documents/AP-TCs-June-2015.pdf

This seems to be the most current version of the Terms and Conditions and is dated June 2015.

I couldn't find any reference to articles becoming the property of the Federal Government or AP once lodged.  I looked at some of the other pdf documents and still found no reference to this ownership concept.

joe, can you direct us to any website or other reference to reinforce your statements on this ownership issue you are claiming is present when an article is lodged for posting?  I'm not looking for "but its the law" justifications, I'm looking for actual references to AP websites, Australian Government websites or any Law/Legal websites.

I'll pass on commenting on any of the other issues you raise in your Opening Post.  I'm only interested in reading what you have read to form your opinion regarding ownership of lodged items.

[joethenuts]

hi k1ooo  long time no see hope you are well ,just got home . maybe this might help  privacy laws from aus post

go to the posts regarding  nut-case, where te seller took photos , message 35   , where the seller called aust post head office.   even the aust post dont reconise photos and wont let the seller investige  because of privacy laws. but does not matter anyway.

to the law man could you explain to me please and anyone else, if i buy from ebay an item and pay for it, you are saying i own it,is this correct .     now can i arange to go and pick it up ,  but what if the seller does not want me to pick it up .

no2,  if i buy the item and pay for it , and it does not get to me for what ever reason tracked or not .  would you like to tell me and others ,who owns the missing item ,and who do i claim the problem to.

thank you p.s i wont ask you about the adult bookstore as they have been selling x rated videos  now dvds for over 40 years,  and yes i went into a store 40 years ago  because i believe in protection, and yes then and now they have booths that you can preview before buying. amazing 

[k1ooo-slr-sales]

---

@joethenuts wrote:

hi k1ooo  long time no see hope you are well ,just got home . maybe this might help  privacy laws from aus post

go to the posts regarding  nut-case, where te seller took photos , message 35   , where the seller called aust post head office.   even the aust post dont reconise photos and wont let the seller investige  because of privacy laws. but does not matter anyway.

to the law man could you explain to me please and anyone else, if i buy from ebay an item and pay for it, you are saying i own it,is this correct .     now can i arange to go and pick it up ,  but what if the seller does not want me to pick it up .

no2,  if i buy the item and pay for it , and it does not get to me for what ever reason tracked or not .  would you like to tell me and others ,who owns the missing item ,and who do i claim the problem to.

thank you p.s i wont ask you about the adult bookstore as they have been selling x rated videos  now dvds for over 40 years,  and yes i went into a store 40 years ago  because i believe in protection, and yes then and now they have booths that you can preview before buying. amazing 

---

joe, I am well, thanks for asking.

I think you have taken the references to privacy laws out of context.  The post #35 of the nutcase thread is referring to privacy in terms of Australia Post divulging information related to the delivery of the article, NOT privacy in terms of photographing the article once it is lodged.

The fact that Australia Post wont recognise a photograph of a post-stamped article as reason enough to instigate an investigation at the local level (i.e. buyers Post Office) in no way means that "its against federal law to handle take or photo articles that dont belong to you, once its paid and stamped it becomes the property of the australian post , its  an ofence to tamper with  the mail" (quote from joe's post #12 on the nutcase thread) , it means that there are privacy issues surrounding investigating the buyer at the local level.

Citing the post of another community member does not prove anything unless the context of the cited post has relevance to the claims being made.

Again, I ask you to give references to back up the claims regarding ownership of lodged articles.  I also think that if you are basing your claims on posts from community members then you need to be careful, as posting an opinion on these boards does not mean that the content of the posts is factual or true. 

Find the links/references from a credible source.  I'm not saying you are wrong, or right, I am merely interested in this being settled by providing the references so we can all read them.

Spoiler

I guess the plain English version of what I am saying is "put up or shut up".

[padi*0409]

---

@k1ooo-slr-sales wrote:

---

Spoiler

I guess the plain English version of what I am saying is "put up or shut up".

---

Stoppit slr, I've got to clean my keyboard yet again.....................................

[joethenuts]

try asking canbe  you the person you gave kutos to    who has only been on ebay for 1 day who has never brought or sold on ebay ,who has agreed to terms and conditions on ebay ,    but dont worry why dont you also read the sopose lawer on ebay posting  what was his namwe again,mr bearded one  thats his id.  and he will explain to you about for a start picking up goods from any seller.   which one do you agree on mr beardedone or   canbe ??????????????? only 1 can be right.  stick to what you know  [oranges]

[queenslander-one]

K1ooo

Australian Postal Law is quite clear on the matter. Copy below.

Rule 101  Articles carried by post to be taken to be Australia Post’s property

Quote

For the purpose of any legal proceeding or action in relation to an article carried by post or under the control of Australia Post, the article shall be taken to be, while it is being carried by post or under the control of Australia Post, the property of Australia Post.

In Australia, the seller is not legally responsible for delivery, only postage, therefore proof of postage is what is required.

[bakeandfry]

Seeing as post office's are government buisness enterprises i should be allowed to photo my lodgement untill the privacy act is admended. Shouldn't i ??

[joethenuts]

for the first time i am agreeing with you queenslander [wow]  owned by aust post.