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Contents  

Long Title

Part I PRELIMINARY

Part IA POSTAL AUTHORITY

Part II EXCLUSIVE PRIVILEGE AND LICENSING, ETC., OF POSTAL SERVICES

Part III POSTAL SERVICES AND SYSTEMS

Part IV CODES OF PRACTICE AND DIRECTIONS

Part IVA CONTROL OVER DESIGNATED POSTAL LICENSEES

Part V OFFENCES AND PENALTIES

Part VI INTERNATIONAL OBLIGATIONS AND NATIONAL INTERESTS

Part VII ENFORCEMENT POWERS AND PROCEDURES

Part VIII GENERAL PROVISIONS

THE SCHEDULE Powers of Postal Authority

Legislative History

Comparative Table

 
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PART II
EXCLUSIVE PRIVILEGE AND LICENSING, ETC., OF POSTAL SERVICES
Exclusive privilege with respect to conveyance, etc., of letters
4.
—(1)  As from 1st December 1999 and subject to this Act, the Postal Authority shall have the exclusive privilege of conveying from one place to another letters and performing all incidental services of receiving, collecting, sorting, sending, despatching and delivering letters.
[34/2007 wef 24/08/2007]
(2)  Subject to the provisions of this Act, no person shall convey within Singapore any letter from one place to another (whether the place is within or outside Singapore), or perform such incidental services of receiving, collecting, sorting, sending, despatching and delivering letters, unless the person —
(a)
is the Postal Authority;
(b)
holds a postal licence authorising him to do so; or
(c)
is acting as an employee or agent of the Postal Authority, or of a person who is authorised under a postal licence to do so.
[34/2007 wef 24/08/2007]
Exceptions to section 4
5.
—(1)  The privilege conferred by section 4 shall not be infringed by —
(a)
letters not exceeding 3 in number sent by a person for delivery by the person to another without hire, reward or other profit for receiving, carrying or delivering the letters;
[34/2007 wef 24/08/2007]
(b)
any letter solely concerning the affairs of either correspondent by an employee of either correspondent;
[34/2007 wef 24/08/2007]
(c)
the conveyance of any letter solely concerning any goods or other property which is to be delivered with the letter, without hire, reward or other profit for receiving, carrying or delivering the letter, if the letter is open to inspection and has thereon the words “Consignee’s letter” or other words to the same effect; and
(d)
the conveyance from one place to another of —
(i)
any letter which weighs more than 500 grams;
(ii)
any letter by direct mail;
(iii)
any letter by the sender personally; or
(iv)
any document in respect of which a method of service other than post is required or authorised by written law.
[34/2007 wef 24/08/2007]
(2)  The Minister may, after consulting the Postal Authority, by order published in the Gazette, delete, vary or add to the exceptions in subsection (1).
[34/2007 wef 24/08/2007]
Power to license conveyance of letters, etc.
6.
—(1)  The Postal Authority may, with the consent of or in accordance with the terms of any general authority given by the Minister, grant a licence (referred to in this Act as a postal licence) to any person or class of persons authorising the person or class of persons to do anything —
(a)
which would otherwise contravene section 4; and
(b)
which is specified in the licence,
and any such postal licence may be granted without conditions or subject to such conditions as the Postal Authority thinks fit.
[34/2007 wef 24/08/2007]
(2)  A licence granted under subsection (1) may be granted either to any person, class of persons or a particular person and may include (without prejudice to the power to impose conditions conferred by that subsection) conditions requiring the licensee —
(a)
to enter into agreements or arrangements with any person, class of persons or another postal licensee for —
(i)
the interconnection of, and access to, postal systems;
(ii)
the sharing of installation or plant used for posts belonging to any postal licensee; and
(iii)
such other purpose as may be specified in the licence,
on such terms and conditions as may be agreed to by the licensee and such other persons or licensees or, in default of agreement, as may be determined by the Postal Authority;
(b)
to pay to the Postal Authority a fee on the grant of the licence or to pay to the Postal Authority periodic fees during the currency of the licence or both, of such amount as may be determined by or under the licence;
(c)
to comply with any direction given by the Postal Authority as to such matters as are specified in the licence or are of a description so specified;
(d)
to comply with codes of practice and standards of performance that are applicable to the licensee; and
(e)
to do or not to do such things as are specified in the licence or are of a description so specified.
(3)  Any payment required by subsection (2) to be rendered to the Postal Authority may be recovered by it in any court of competent jurisdiction as if it were a simple contract debt.
(4)  No person shall question whether the grant of a licence under subsection (1) was, or was not, effected with the consent of or in accordance with the terms of a general authority given by the Minister, and the validity of a licence granted under that subsection shall not be impugned on the ground that it was granted neither with the consent of nor in accordance with the terms of a general authority given by the Minister.
(5)  The grant of licences under this section shall be at the discretion of the Postal Authority.
(6)  [Deleted by Act 34/2007 wef 24/08/2007]
(7)  Anything done under and in accordance with a licence granted under subsection (1) shall not constitute an infringement of the privilege conferred by section 4.
Designation of public postal licensees
7.  The Postal Authority may, with the approval of the Minister, designate any postal licensee as a public postal licensee to perform all or any of the functions relating to the provision of postal services within the exclusive privilege of the Postal Authority under this Act.
Modification of licence conditions
8.
—(1)  Subject to this section, the Postal Authority may modify the conditions of a licence granted under section 6.
(2)  Before making modifications to the conditions of a licence of a postal licensee under this section, the Postal Authority shall give notice to the licensee —
(a)
stating that it proposes to make the modifications in the manner as specified in the notice;
[34/2007 wef 24/08/2007]
(aa)
stating the compensation payable for any damage caused by the modifications proposed, where the postal licensee is a public postal licensee; and
[34/2007 wef 24/08/2007]
(b)
specifying the time (not being less than 28 days from the date of service of notice on such licensee) within which written representations with respect to the proposed modifications may be made.
(3)  Upon receipt of any written representation referred to in subsection (2), the Postal Authority shall consider such representation and may —
(a)
reject the representation; or
(b)
amend the proposed modifications or compensation payable in accordance with the representation, or otherwise,
and, in either event, the Postal Authority shall thereupon issue a direction in writing to such licensee requiring that effect be given to the proposed modifications specified in the notice or to such modifications as subsequently amended by the Postal Authority within a reasonable time.
(4)  [Deleted by Act 34/2007 wef 24/08/2007]
(5)  The Postal Authority shall not enforce its direction —
(a)
during the period referred to in section 56; and
[34/2007 wef 24/08/2007]
(b)
whilst the appeal of the postal licensee is under consideration by the Minister.
(6)  If no written representation is received by the Postal Authority within the time specified in subsection (2) or if any written representation made under subsection (2) is subsequently withdrawn, the Postal Authority may forthwith carry out the modifications as specified in the notice given under subsection (2).
Suspension or cancellation of licence, etc.
9.
—(1)  If the Postal Authority is satisfied that a person who is granted a licence under section 6 or any regulations made under this Act is contravening, or has contravened, whether by act or omission —
(a)
any of the conditions of the licence;
(b)
any provision of any code of practice or standard of performance;
(c)
any direction of the Postal Authority given under section 25, 26D or 26F(2); or
[34/2007 wef 24/08/2007]
(d)
section 26B,
[34/2007 wef 24/08/2007]
the Authority may, by notice in writing, do either or both of the following:
(i)
issue such written order to the person as it considers requisite for the purpose of securing compliance thereof;
(ii)
require the payment, within a specified period, of a financial penalty of such amount not exceeding $1 million as it thinks fit.
[34/2007 wef 24/08/2007]
(2)  Where the Postal Authority is satisfied that —
(a)
the person who is granted a postal licence is again likely to contravene, whether by act or omission, any condition, provision, direction or section referred to in subsection (1);
(b)
the person who is granted a postal licence has gone into liquidation other than for the purpose of amalgamation or reconstruction;
(c)
the person who is granted a postal licence is no longer in a position to comply with the provisions of this Act or the terms or conditions of his licence; or
(d)
the public interest so requires,
the Postal Authority may, in lieu of an order or a financial penalty under subsection (1)(i) or (ii) or both, by notice in writing and without any compensation, do all or any of the following:
(i)
cancel the licence or part thereof;
(ii)
suspend the licence or part thereof for such period as it thinks fit;
(iii)
reduce the period for which the licence is to be in force.
[34/2007 wef 24/08/2007]
(3)  [Deleted by Act 34/2007 wef 24/08/2007]
(4)  An order under subsection (1)(i) —
(a)
shall require the person concerned (according to the circumstances of the case) to do, or not to do, such things as are specified in the order or are of a description so specified therein;
(b)
shall take effect at such time, being the earliest practicable time, as is determined by or under that order; and
(c)
may be revoked at any time by the Postal Authority.
[34/2007 wef 24/08/2007]
(5)  Any person who fails to comply with any order under subsection (1)(i) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 3 years or to both.
[34/2007 wef 24/08/2007]
(6)  In any proceedings brought against any person for an offence under subsection (5), it shall be a defence for him to prove that he took all reasonable steps and exercised all due diligence to avoid contravening the order.
(7)  Any financial penalty payable by any person by virtue of subsection (1) shall be recoverable by the Postal Authority as a debt due to the Postal Authority from that person; and the person’s liability to pay shall not be affected by his licence ceasing (for any reason) to be in force.
Residual power of Postal Authority to provide postal services
10.
—(1)  The Postal Authority may provide any postal service notwithstanding that it has granted a licence to any person under section 6 in any of the following circumstances:
(a)
if the Postal Authority is of the opinion that a person licensed under section 6 has failed to discharge or is not discharging to the Postal Authority’s satisfaction the obligations imposed by the Postal Authority on that person in the licence; or
(b)
to give effect to any direction of the Minister under section 45.
(2)  Where the Postal Authority undertakes the provision of postal services under subsection (1), sections 2, 10, 10A, 11, 12, 13, 18 to 21, 23, 27 to 34, 36 to 38, 40 to 44, 57 and 58 shall apply, with the necessary modifications, to the Postal Authority in respect of the provision of such services and the references to public postal licensees or postal licensees in those sections shall be read as references to the Postal Authority.
[34/2007 wef 24/08/2007]
Charges and other terms for services provided by Postal Authority
10A.
—(1)  The Postal Authority may make, in relation to any service provided by the Postal Authority under this Act, a scheme or schemes for determining either or both of the following:
(a)
the charges which, except in so far as they are the subject of an agreement between the Postal Authority and a person availing himself of the service, are to be made by the Postal Authority;
(b)
the other terms and conditions which, except as provided, are to be applicable to the service.
(2)  A scheme made under this section may make different provision for different cases or classes of cases determined by, or in accordance with, the provisions of the scheme.
(3)  A charge exigible by virtue of this section may be recovered by the Postal Authority in any court of competent jurisdiction as if it were a simple contract debt.
(4)  A scheme or any amendment thereof made under this section shall come into operation on such date as may be determined by the Postal Authority.
(5)  Nothing in this section shall be construed as prohibiting the Postal Authority from levying any charge or collecting any dues for anything done or any service rendered by reason only of not being incorporated in a scheme and the rates, charges and fees payable to the Postal Authority for any service rendered shall be in accordance with such rates, charges and fees as may, from time to time, be determined by the Postal Authority.
[34/2007 wef 24/08/2007]