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Postal and Telecommunications Services Act 1999

CONSOLIDATED ACTS OF SAMOA 2009

POSTAL AND TELECOMMUNICATIONS
SERVICES ACT 1999

Arrangement of Provisions

PART I

PRELIMINARY

1. Short title and commencement
2. Interpretation
3. Act to Bind the State
4. Repeal of Acts

PART II

MINISTRY

5. Ministry of Posts and Telecommunications
6. Functions of the Ministry
7. Powers of the Minister

PART III

LICENSED PROVIDER OF SERVICES

8. Repealed
9. Repealed
10. Repealed

PART IV

THE SPECTRUM MANAGEMENT AGENCY

11. Repealed
12. Repealed
13. Repealed
14. Repealed
15. Repealed
16. Repealed
17. Repealed
18. Repealed
19. Repealed
20. Repealed
21. Repealed
22. Repealed
Schedule

_______________

THE POSTAL AND TELECOMMUNICATIONS
SERVICES ACT 1999

1999 No. 10

AN ACT to progressively repeal parts of the Post Office Act 1972 and to make provision for the delivery of postal and telecommunication services by a service provider licensed under this Act, and for related purposes.

[30 June 1999]
[Commencement date: 1st July1999]

BE IT ENACTED by the Legislative Assembly of Samoa in Parliament assembled as follows:-

PART I

PRELIMINARY

1. Short title and commencement-(1) This Act may be cited as the Postal and Telecommunications Services Act 1999.

(2) This Act shall come into force on the 1st day of July 1999 (the "commencement date").

2. Interpretation-(1) In this Act, unless the contrary intention appears-

"Minister" means the Minister responsible for Posts and Telecommunications:

"Ministry" means the Ministry established under section 5:

"licensed provider of services" means the body corporate licensed under section 8.

(2) For the purposes of construing any Part of the Post Office Act 1972 that continues in force at any time after the commencement date, any reference to the;

(a) "Post Office" shall be deemed to be a reference to the licensed provider of services under this Act;

(b) "Minister" shall be deemed to be a reference to the Minister under this Act.

3. Act to Bind the State – This Act shall bind the State.

4. Repeal of Acts-(1) The Acts, or Parts of Acts, stated in the Schedule are repealed.

(2) Any Part of the Post Office Act 1972 not specified under subsection (1) shall be deemed to be repealed upon the promulgation of any Regulation under this Act making provision for the matters covered by any such Party, and which is made for the purpose of repealing that Part.

(3) Any Regulation made under the Post Office Act 1972 and in force as at the commencement date shall continue in force and be deemed to have been made under this Act.

PART II

MINISTRY

5. Ministry of Posts and Telecommunications-(1) There is established a Ministry of the Government to be called the Ministry of Telecommunications and Information Technology.

(2) The Ministry shall be under the control of the Minister.

6. Functions of the Ministry-(1) The Ministry shall have and undertake such functions as are necessary for the due and proper administration of this Act and other Acts administered by the Ministry, and for the development of an efficient and commercially viable communications policy for Samoa.

(2) Without limiting the general functions stated in subsection (1), the Ministry shall have the following functions-

(a) To provide policy advice on all matters relating to the provision of postal and telecommunications services;

(b) To monitor the provision of postal and telecommunications services;

(c) To advise the Minister on all matters relating to the grant and operation of licenses for the provision of postal and telecommunications services;

(d) To encourage and promote the provision and availability of high quality and affordable postal and telecommunications services to the public;

(e) To assist in the establishment of a regulatory environment which will facilitate the development of postal and telecommunications services in Samoa which are efficient, competitive and responsive to the public;

(f) To advise on the technical nature of the postal and telecommunications services available in Samoa and whether they are adequate and sufficiently advanced having regard to the services available outside Samoa; and

(g) To advise on any developments in the postal and telecommunications industry.

7. Powers of the Minister-(1) The Minister shall have general superintendence and control over all matters relating to postal services and telecommunications which fall within the competence of the government.

(2) For the purposes of carrying out its functions, the Minister may-

(a) Give such directions on matters relating to postal and telecommunications matters to the staff of the Ministry as the Minister thinks fit in connection with the administration of this Act or any other Act administered by the Ministry;

(b) Ensure that the licensed provider of services is acting in compliance with the government policy on postal services and telecommunications services and is in compliance with the conditions of the licence granted to it under the Act;

(c) Exercise such powers as are conferred on the Minister by the Parts of the Post Office Act 1972 that continue in force after the commencement date;

(d) Delegate to the licensed service provider any of the powers referred to in paragraph (c); and

(e) Exercise such other powers as are reasonably necessary for the effective performance of the functions of the Minister and to delegate any of those powers to any member of the staff of the Ministry.

PART III

LICENSED PROVIDER OF SERVICES

8. Repealed by the Telecommunications Act 2005 (No. 20)
9. Repealed by the Telecommunications Act 2005 (No. 20)
10. Repealed by the Telecommunications Act 2005 (No. 20)

PART IV

THE SPECTRUM MANAGEMENT AGENCY

11. Repealed by the Telecommunications Act 2005 (No. 20)

12. Repealed by the Telecommunications Act 2005 (No. 20)

13. Repealed by the Telecommunications Act 2005 (No. 20)

14. Repealed by the Telecommunications Act 2005 (No. 20)

15. Repealed by the Telecommunications Act 2005 (No. 20)

16. Repealed by the Telecommunications Act 2005 (No. 20)

17. Repealed by the Telecommunications Act 2005 (No. 20)

18. Repealed by the Telecommunications Act 2005 (No. 20)

19. Repealed by the Telecommunications Act 2005 (No. 20)

20. Repealed by the Telecommunications Act 2005 (No. 20)

21. Repealed by the Telecommunications Act 2005 (No. 20)

22. Repealed by the Telecommunications Act 2005 (No. 20)

SCHEDULE

Repeal Acts

1. Post Office Act 1972 - Parts II, VII and XI
2. Philatelic Corporation Act 1984
3. Telecommunications Corporation Act 1984

REVISION NOTES 2008

This law has been reviewed in accordance with the powers provided for in section 5 of the Revision and Publication of Laws Act 2008. Some minor amendments of a non-substantive nature have been made to conform to modern drafting styles.

The following amendments have been made to this law since its enactment, and these have been incorporated into this revised law –

Part III All sections of this Part were repealed by the Telecommunications Act 2005 (No. 20)

Part IV All sections of this Part were repealed by the Telecommunications Act 2005 (No. 20)

Revised and consolidated under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel)

REVISION NOTES 2008 No. 2

This law has been generally edited as provided for by section 5 of the Revision and Publication of Laws Act 2008. The following general revision has been made – the commencement date has been noted and added after the date of assent.

Revised under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel).

REVISION NOTES 2009

There were no amendments made to this law since the publication of the Consolidated and Revised Statutes of Samoa 2007.

This law has been consolidated and revised by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is an official version of this Act as at 31 December 2009. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.

Revised and consolidated by the Legislative Drafting Division under the supervision of Malietau Malietoa and Sarona Rimoni (Parliamentary Counsels).

The Postal and Telecommunications Services Act 1999 is administered by the Ministry of Communications and Information Technology.