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Consolidated Acts of Samoa 2009 |
CONSOLIDATED ACTS OF SAMOA 2009
POST OFFICE ACT 1972
Arrangement of Provisions
TITLE
PART I
INTRODUCTORY PROVISIONS
1. Short title
2. Commencement
3. Interpretation
PART II
ADMINISTRATION
4. Repealed
5. Repealed
6. Repealed
7. Repealed
8. Repealed
9. Repealed
10. Repealed
11. Repealed
PART III
THE POSTAL SERVICE
12. Interpretation
13. Establishment and operation of postal communications
14. Imprinting of stationery with postage stamps
15. Automatic stamping machines
16. Postage rates and limits as to size and weight
17. Post Office reservation as to carriage of letters
18. Provisions for registration
19. Loss of or damage to registered articles
20 Contracts for carriage of mails
21. Obligation to carry mails on vessels and aircraft
22. Delivery of mails from vessel or aircraft
23. Power of transport operators to enter into contracts
24. Dangerous goods
25. Obligation of transport services to carry mails
26. Carriage and delivery of mails
27. Interception and return of postal articles
28. Examination as to postage or exemption from postage
29. Examination as to libellous, seditious, offensive, blasphemous, or gambling matter
30. Detention of suspected postal articles
31. Opening of suspected postal articles
32. Notification to addressee or sender of retained postal article
33. Disposal of article opened under this Act
34. Opening of postal articles under ministerial order
35. No right to compensation
36. Offender not relieved from liability
37. Liability for postage
38. Proceedings for recovery
39. Previously used stamps
40. Articles delivered to hotels, etc., remain under Post Office control
41. Articles unclaimed at hotels, etc., to be returned
42. Letterboxes
43. Customs fees and charges
44. Prohibition of postal articles for certain addresses
45. Loss of or delay to postal articles
46. Damage to letterbox
47. Putting fire or dangerous substance into letterbox
48. Posting of dangerous substance
49. Posting of objectionable or injurious thing
50. Article bearing insufficient postage
51. Theft of postal article by employee
52. Theft of money from postal articles.
53. Theft of postal article by person other than employee
54. Receiving of postal matter dishonestly obtained
55. Stealing or unlawfully opening mail
56. Wrongful opening or delaying of postal article by employee
57. Wrongful opening or delaying of postal article by person not an employee
58. Wrongful divulgence of contents of postal article by employee
59. Divulgence of information obtained from postal article opened in error
60. Detention, loss, or damage of mail by employee
61. Fraudulently retaining or destroying a postal article
62. Making false statement
63. Obtaining postal article under false pretence
64. Recording on postal article incorrect time of posting
65. Imitation of post office envelope or mark, and use without authority of mark "On Public Service"
66. Regulations
PART IV
CREATION, CUSTODY AND
SALE OF ADHESIVE STAMPS
67. Interpretation
68. Creation, custody, and sale of adhesive stamps
69. Use of stamps
70. Disposition of stamps
71. Application of revenues derived from stamps
72. Licences to sell or deal in stamps
73. Certain persons may sell stamps without licence
74. Special stamps
75. Discontinuance of dies
76. Repurchase of stamps
77. Regulations
PART V
THE TELEGRAPH SERVICE
78. Repealed
79. Repealed
80. Repealed
81. Repealed
82. Repealed
83. Repealed
84. Repealed
85. Repealed
86. Repealed
87. Repealed
88. Repealed
89. Repealed
90. Repealed
91. Repealed
92. Repealed
93. Repealed
94. Repealed
95. Repealed
96. Repealed
97. Repealed
98. Repealed
99. Repealed
100. Repealed
101. Repealed
102. Repealed
103. Repealed
104. Repealed
105. Repealed
PART VI
THE TELEPHONE SERVICE
106. Repealed
106A Repealed
107. Repealed
108. Repealed
109. Repealed
110. Repealed
111. Repealed
112. Repealed
113. Repealed
114. Repealed
115. Repealed
116. Repealed
117. Repealed
118. Repealed
119. Repealed
120. Repealed
121. Repealed
PART VII
THE POST OFFICE SAVINGS BANK
122. Repealed
122A Repealed
122B Repealed
122C Repealed
122D Repealed
123. Repealed
124. Repealed
125. Repealed
126. Repealed
127. Repealed
128. Repealed
129. Repealed
130. Repealed
131. Repealed
132. Repealed
133. Repealed
134. Repealed
135. Repealed
PART VIII
MONEY ORDERS,POSTAL
NOTES AND POSTAL ORDERS
136. Transmission of money
137. Arrangements with foreign authorities
138. No liability for delay or non-payment
139. No interest or stamp duty payable
140. Forgery of crossing of money order, postal note, or postal order
141. Fraud, forgery, and theft of money orders, etc.
142. Issuing of money order, etc., with fraudulent intent
143. Prohibition of money orders for certain persons
144. Regulations
145. Arrangements and regulations to be binding
PART IX
ERECTION OR CONSTRUCTION
OF LINES AND COMMUNICATION
SYSTEMS
146. Repealed
147. Repealed
148. Repealed
149. Repealed
PART X
LICENSING AND REGULATION OF
RADIO STATIONS AND APPARATUS
150. Repealed
151. Repealed
152. Repealed
153. Repealed
154. Repealed
155. Repealed
156. Repealed
157. Repealed
PART XI
ACCOUNTS, BALANCE SHEETS AND PROFIT
AND LOSS ACCOUNTS
158. Repealed
159. Repealed
160. Repealed
161. Repealed
162. Repealed
163. Repealed
164. Repealed
165. Repealed
166. Repealed
PART XII
LAND AND BUILDINGS
167. Power to construct departmental buildings
168. Power to maintain land and buildings
169. Power to arrange leases
170. Tubes or tunnels
PART XIII
OTHER OFFENCES
171. Disfiguring post office
172. Obstruction of employee
173. Personation of employee
174. Fraud of Post Office revenues
175. Wrongful use of forms
176. Wrongful use of certain words and signs
177. General penalty
178. Proceedings in respect of offences
179. Reward for procuring conviction
180. Time within which information may be laid
PART XIV
GENERAL
181. Declarations of secrecy
182. Recovery of fees and charges
183. Contracts by Minister
184. Powers of Minister
185. The Post Office Guide
186. Immunity for acts lawfully done
187. Protection of rights in official publications
188. Regulations
189. Repeals and savings
Schedules
________________
THE POST OFFICE ACT 1972
1972 No. 25
AN ACT to consolidate and amend the Samoa Post and Telegraph Order 1920 (NZ), the Telephone Ordinance 1953, the Samoa Post Office Ordinance 1959, and the Radio Communications Ordinance 1959, and their amendments
(19 December 1972)
(Commencement date: 1st January 1973)
PART I
INTRODUCTORY PROVISIONS
1. Short title - This Act may be cited as the Post Office Act 1972.
2. Commencement - This Act shall come into force on the 1st day of January 1973.
3. Interpretation - In this Act, unless the context otherwise requires:
"Act" includes Ordinance.
"Constitution" means the Constitution of the State.
"Department" means the Department of Post Office established by this Act.
"Director" means the Director of the Department.
"Employee" means any person employed in the Public Service and for the time being employed in the Department and includes an officer, and includes any person appointed or engaged by the Public Service Commission or the Post Office to carry out duties or functions in connection with the administration of this Act and any person employed by that person in connection with those duties or functions.
"Gazette" means the Samoa Gazette.
"Government" means the Government of Samoa.
"Line" means a wire or wires or a conductor of any other kind used or intended to be used for the transmission, emission, or reception of signs, signals, impulses, writing, images, sounds, or intelligence of any nature by means of any electromagnetic system; and includes any pole, insulator, casing, fixture, tunnel, or other equipment or material used or intended to be used for supporting, enclosing, surrounding or protecting any such wire or conductor; and also includes any part of a line.
"Minister" means the Minister of Communications and Information Technology.
"Officer" means any person employed in the Public Service and for the time being employed in the Department, and includes any contract officer so employed and any person employed in the Department under a scheme of international assistance.
"Post Office" means the Department of Post Office established by this Act.
"Prescribed" means prescribed by this Act or any regulations.
"Regulations" means regulations made under this Act.
"Road" includes a street and any other place to which the public have access, whether as of right or not, and also includes all bridges, culverts, ferries, and fords forming part of any road, street, or other place as aforesaid.
"The State" means the Independent State of Samoa.
"Works" includes a line and any instrument, furniture, plant, office, building, machinery, engine, excavation, or work, of whatever description, used for, or in any way connected with, a line, or a radio transmitter or a radio receiver.
PART II
ADMINISTRATION
4. Repealed by the Postal and Telecommunications Services Act 1999.
5. Repealed by the Postal and Telecommunications Services Act 1999.
6. Repealed by the Postal and Telecommunications Services Act 1999.
7. Repealed by the Postal and Telecommunications Services Act 1999.
8. Repealed by the Postal and Telecommunications Services Act 1999.
9. Repealed by the Postal and Telecommunications Services Act 1999.
10. Repealed by the Postal and Telecommunications Services Act 1999.
11. Repealed by the Postal and Telecommunications Services Act 1999.
THE POSTAL SERVICE
12. Interpretation - (1) In this Part, unless the context otherwise requires:
"Customs Acts" has the same meaning as is specified in any Customs Act for the time being in force.
"Mail" means postal articles collected for conveyance by the Post Office in the exercise of its functions under this Part, whether in mail bags, hampers, boxes, or otherwise; and includes a mail bag or other receptacle carried or otherwise dealt with as if it contained postal articles, whether or not it contains any postal article.
"Postage" means the duty chargeable for the transmission of postal articles by post.
"Postal article" means a letter, newspaper, parcel, or any other article that has been posted; and includes a telegram that has been conveyed or otherwise dealt with in the manner of a posted letter; and also includes an article which, although it may have been delivered within the meaning of subsection (3), has not reached the hands of the addressee.
"Postal authority" in respect of Samoa, means the Minister and, in respect of any other country, means the holder of the office most closely approximate to that of the Minister in Samoa.
"Post Office" means any building, house, room, vehicle or place where, under the control of the Minister, postal articles are received or delivered, or where they are sorted, made up or dispatched.
"Postmaster" means any officer or employee who is in charge of any post office or sub post office.
"Valuable security" includes the whole or any part of any order, money order, postal note, or other security, and every document forming the title or evidence of the title to any property of any kind whatever.
"Vessel" means every description of vessel employed on the high seas or on any navigable water.
(2) An article shall be deemed to have been posted when, for the purpose of being conveyed or delivered by post, it has been put into a post office letterbox, or delivered at a post office, or accepted for the purpose of being conveyed by post by an employee in the course of his or her duty.
(3) Subject to the provisions of this Act, a postal article shall be deemed to be delivered to the addressee when it is delivered by the Post Office at his or her house or office, or into the addressee's letter box or rural delivery box, or into the proper private box at a post office, or to him or her or to the addressee's servant or agent or other person considered to be authorised to receive the article, or according to the usual manner of delivering postal articles to the addressee.
13. Establishment and operation of postal communications - (1) The Minister may from time to time establish and operate postal communications within Samoa.
(2) The Minister may from time to time make arrangements, either direct or through any other country, with the postal authority of any country other than Samoa for the establishment and operation of postal communications between Samoa and that other country or through Samoa or any other country.
14. Imprinting of stationery with postage stamp - (1) The Minister may from time to time cause to be made and sold postcards, envelopes, lettercards, wrappers, and other postal stationery bearing thereupon printed postage stamps.
(2) The Minister may from time to time cause privately owned stationery to be imprinted with postage stamps and may charge the owner with the face value of the stamps and with any costs incurred in connection with the imprinting of the stationery.
(3) The provisions of this Act relating to adhesive stamps and to postage stamps generally shall, as far as they are applicable, and with the necessary modifications, apply to stamps imprinted under this section.
15. Automatic stamping machines - (1) The Minister may from time to time, on receiving such security as he thinks fit, cause or permit to be issued to any person automatic stamping machines for making impressions denoting the sign of postage and the amount of stamp values and for recording any such amounts.
(2) Impressions made by any such machine lawfully used shall be valid for the payment of postage and of charges on telegrams in the same manner as if adhesive stamps were used.
(3) The amount of stamp values recorded by any such machine shall be paid to the Post Office at such intervals as the Minister determines by the persons to whom the machines have been issued, and the sums received shall form part of the revenue of the Post Office and shall be paid accordingly into the Public Account.
(4) Refunds of the amounts represented by impressions made and recorded by any such machine in error and not used shall be charged on the revenue of the Post Office and be paid out of the Public Account.
16. Postage rates and limits as to size and weight - (1) In respect of postal articles posted in Samoa for delivery in Samoa, the rates of postage and the limits of size and weight shall be as from time to time prescribed by the Head of State, acting on the advice of Cabinet.
(2) In respect of postal articles posted in Samoa for delivery outside Samoa, the rates of postage and the limits of size and weight shall be as from time to time fixed by the Minister by notice published in the Gazette and the Savali.
17. Post Office reservation as to carriage of letters - (1) For the purposes of this section the term "letter" includes any letter, postcard, commercial paper and sample packet, and any other article of a class declared by the Head of State, acting on the advice of the Minister, by order, to be letters for the purposes of this section.
(2) Subject to the provisions of this section, no letter shall be carried for hire or reward otherwise than by post, and no letter shall be sent or taken charge of for the purpose of being so carried:
PROVIDED THAT nothing in this subsection shall apply to:
(a) Trade announcements, circulars, printed extracts from newspapers, or advertisements, not addressed to any person;
(b) Letters delivered by a servant of the sender;
(c) Letters delivered by a messenger employed by the sender especially for the purpose, not being a person employed generally to deliver letters;
(d) Letters exceeding 16 ounces in weight;
(e) Letters concerning goods sent with the goods and delivered therewith;
(f) Letters containing any writ or proceeding out of any Court, or any legal instrument of any kind;
(g) Letters sent by any person concerning his private affairs by any special messenger;
(h) Letters sent or carried to or from a post office;
(i) Letters carried under an authorisation issued by the Minister under subsection (4) of this section;
(j) Letters by, for or in respect of an international bank licensed under the International Banking Act 2005, an international insurance company licensed under the International Insurance Act 1988, an international company registered under the International Companies Act 1987, a trustee company licensed under the Trustee Companies Act 1987 or an international partnership or limited partnership registered under the International Partnership and Limited Partnership Act 1998.
(3) The carrying of any letter otherwise than by post shall be presumed to be done for hire or reward until the contrary is shown, and the sending or taking charge of a letter for conveyance otherwise than by post shall be presumed to be done for the purpose of its conveyance for hire or reward until the contrary is shown.
(4) Subject to such conditions, prohibitions and restrictions as may be specified in regulations, the Minister may from time to time, either generally or in the case of any particular person, authorise letters to be carried for hire otherwise than by post, and to be sent or taken charge of for that purpose.
(5) Every person who carries, sends or takes charge of any letter contrary to the provisions of this section commits an offence against this Act and shall be liable to a fine not exceeding 1 penalty unit in respect of every letter to which the breach relates.
18. Provisions for registration - Any person sending by post any postal article, other than an article which is required to be insured pursuant to regulations, shall be entitled to have the article registered, and to obtain a receipt for it, upon the payment of the appropriate registration fee, in addition to the ordinary postage.
19. Loss of or damage to registered articles - The registration of any postal article shall not confer on any person any right to compensation or damages or impose upon the government any liability for the loss of or damage to the postal article or any part thereof, except so far as compensation is provided for by regulations.
20. Contracts for carriage of mails - The Minister may from time to time enter into contracts with any person for or in respect of the conveyance of mails or postal articles by such means and upon such terms and conditions as the Minister thinks fit.
21. Obligation to carry mails on vessels and aircraft - (1) The master of every vessel and the pilot in charge of every aircraft about to depart from any place in Samoa to any place within or beyond Samoa:
(a) Shall receive any mails which are tendered to him or her by any employee;
(b) Shall if required give a written receipt for the mails;
(c) Shall cause a description of the mails to be entered upon the manifest of the vessel or aircraft;
(d) Shall, as far as it is practicable to do so, carefully deposit the mails on board in some place which is secure, dry, and vermin proof, and lock the mails up and carry them apart from all other things;
(e) Shall convey the mails upon the journey.
(2) The proper officer of Customs may refuse a clearance of the vessel or aircraft when it appears that the master of pilot in charge has refused any mails contrary to the provisions of this section.
(3) In the absence of a contract under this part of this Act, there shall be paid to the proprietor of any vessel or aircraft which carries mails under this section fees or allowances at such rates as may from time to time be fixed by the Minister in that behalf.
(4) Every master or pilot in charge who fails to comply with any of the provisions of this section commits an offence against this Act and shall be liable to a fine not exceeding 2 penalty units.
22. Delivery of mails from vessel or aircraft - (1) On the arrival of a vessel or aircraft at any place in Samoa, whether or not from beyond Samoa, all mails which are on board the vessel or aircraft and are intended for discharge at that place shall be duly delivered to the Director or other employee.
(2) The employee shall on demand give a receipt for any such mails receive by him or her.
(3) The master, pilot in command, or other person belonging to any such vessel or aircraft who, having charge of any such mails, refuses or neglects to deliver such mails as aforesaid, or detains or permits the detention of such mails on board, or does not use due diligence in the delivery of such mails, or does not take due care for the secure and dry custody of such mails so long as they are in his or her charge, commits an offence against this Act and shall be liable to a fine not exceeding 2 penalty units.
23. Power of transport operators to enter into contracts - Every body corporate or authority shall be deemed to have power to enter into contracts under this Part for the carriage of mails or postal articles, notwithstanding that any such contract may be beyond the scope of or not included within the objects, powers, or purposes of the body corporate or authority.
24. Dangerous goods - No body corporate or authority operating a transport service shall be obliged to carry any postal article which any such body corporate or authority under its rules or bylaws may refuse or is forbidden to carry because of its dangerous nature.
25. Obligation of transport services to carry mails - (1) The proprietor or manager of every transport service operating for hire or reward by land, air or inland waterways shall, at the request of the Postmaster, carry mails by any vehicle, aircraft or vessel normally conveying goods or passengers in that service.
(2) The driver or other person in charge of any vehicle, aircraft or vessel in any such transport service, whether the vehicle, aircraft or vessel is operating in the regular course of business or otherwise, shall on the request of a Postmaster or an employee authorised in that behalf by a Postmaster, receive and carry mails from any place to any other place on or near the route of the vehicle, aircraft or vessel.
(3) In the absence of a contract under this Part, there shall be paid to the proprietor of any transport service which carries mails under this section fees or allowances at such rates as may from time to time be fixed by the Minister in that behalf.
(4) Any proprietor, manager, driver, or other person who, being required to receive mails as aforesaid, refuses to receive them, or having received them refuses to give a written receipt therefor if required to do so, commits an offence against this Act and shall be liable to a fine not exceeding 2 penalty units.
26. Carriage and delivery of mails - (1) Every person who is required, whether in accordance with section 21 or section 25 or in accordance with a contract under this Part, to carry mails shall:
(a) Afford all reasonable facilities for the receipt and delivery of the mails;
(b) Carry the mails within a reasonable time and duly deliver them to the Director or other employee authorised to receive the mails;
(c) Pay due attention to the security and proper care of the mails.
(2) Every person who fails to comply with any of the provisions of this section commits an offence against this Act and shall be liable to a fine not exceeding 2 penalty units.
27. Interception and return of postal articles - No postal article shall be intercepted and returned to the sender at his or her request except upon the authority of the Minister:
PROVIDED THAT:
(a) Letters of an official character sent from any Department of the Government; or
(b) Postal articles other than letters,-
may be intercepted and returned to the sender or his or her authorised agent under the authority in writing of the Director.
28. Examination as to postage or exemption from postage - (1) Every Postmaster shall be entitled to examine the contents of any postal article, other than a letter, in order to discover whether the proper postage has been paid or, if the article has been posted as being exempt from postage, whether it is in fact exempt.
(2) Every question as to whether or not any postal article to which subsection (1) applies is entitled to be sent at the rate of postage paid, or, in the case of an article posted as being exempt, whether it is entitled to exemption, shall be decided by the Minister, whose decision shall be final.
29. Examination as to libellous, seditious, offensive, blasphemous, or gambling matter - Where the Minister or any Postmaster has reason to suspect that any postal article, other than a letter, contains any printed or written matter which is of a libellous, seditious, offensive, or blasphemous nature, or which advertises any illegal lottery or scheme of chance, he or she may cause the postal article to be examined and, if it is found to contain any such matter or enclosure, he or she shall refer the matter to the Director who may cause the postal article and its contents to be destroyed.
30. Detention of suspected postal articles - Where the Minister or any Postmaster has reason to suspect that any postal article contains any enclosure in fraud or violation of this Act, or of any Customs, Poisons, or Narcotics Act, or of any enactment prohibiting or controlling the transfer of money or valuable securities by post, he or she shall detain the postal article for opening and examining in accordance with section 31.
31. Opening of suspected postal articles - (1) Every postal article which is detained under section 30 may be opened and examined at a post office by 2 officers of the Post Office specially nominated for that purpose by the Minister, or by one such officer nominated as aforesaid in the presence of another officer or in the presence of an officer of the Customs; and shall not be opened or examined otherwise.
(2) Any officer nominated under this section may be designated by name or as the holder for the time being of a specified office in the Post Office and, while any person holds any office referred to in the nomination, he or she shall be deemed to be nominated under this section by the Minister.
32. Notification to addressee or sender of detained postal article - Where it is intended to open a postal article under section 31, the Minister shall cause notice thereof to be sent to the addressee if he or she is known or otherwise to the sender thereof if he or she is known:
PROVIDED, HOWEVER, THAT this section shall not apply where the postal article is suspected of contravening a Poisons or Narcotics Act.
33. Disposal of article opened under this Act - (1) Subject to the provisions of this Act, if any postal article opened or examined under this Act is found to be in fraud or violation, or to have been posted in fraud or violation, of this Act or of any enactment prohibiting or controlling the transfer of money or valuable securities by post, the Minister may direct that the postal article be forfeited; and any such article shall be destroyed or otherwise disposed of in accordance with his or her directions. Any postal article opened or examined under this Act which is suspected of contravening a Poisons or Narcotics Act shall forthwith be delivered into the custody of the Commissioner of Police.
(2) If any postal article opened under this Act is found to be in fraud or violation, or to have been posted in fraud or violation, or any of the Customs Acts, it shall be handed over to the Customs Department to be dealt with in accordance with the Customs Acts.
(3) Every postal article opened under this Act and found to contain any valuable or saleable enclosure shall together with its contents be safely kept pending its disposition under this section, and a list of any such postal articles together with a memorandum of the contents thereof shall be made and preserved.
34. Opening of postal articles under ministerial order - (1) The Director may, if authorised by the Minister in writing, detain or open any postal article if it shall appear necessary, desirable, or expedient in the public interest.
(2) If any postal article opened upon this section is found to contain any money belonging to the Government the Director shall extract the money therefrom and cause the same to be paid to the appropriate Department or Account.
35. No right to compensation - No person shall have any right to compensation, nor shall any liability be imposed upon the Government by reason of the detention, opening, forfeiture, destruction, or disposal of a postal article or its enclosure under the powers conferred by this Act.
36. Offender not relieved from liability - The detention, destruction, or disposal under this Act of a postal article or its enclosure shall not relieve any person from his liability for any offence against this or any other Act.
37. Liability for postage - (1) Where a postal article not bearing full postage has failed in delivery, or has been refused by the addressee, or has been rejected by the addressee, the sender shall be liable to pay the deficiency in postage and the surcharge in respect of the deficiency, and also any additional postage for returning the article.
(2) Where a postal article not bearing full postage is delivered to the addressee and he or she has accepted delivery, the addressee shall be liable to pay the deficiency in postage and the surcharge in respect of the deficiency.
38. Proceedings for recovery - In any action or other proceeding for the recovery of postage:
(a) The production of the postal article having thereupon a post office mark denoting that the addressee was dead or could not be found, or that the article was refused or rejected, shall, in the absence of proof to the contrary, be sufficient evidence of the circumstance denoted;
(b) The person from whom the postal article purports to have come shall, in the absence of proof to the contrary, be deemed to be the sender thereof;
(c) The post office mark upon a postal article shall, in the absence of proof to the contrary, be sufficient evidence that the sum marked thereupon is payable as postage.
39. Previously used stamps - Where the director has reason to suspect that in respect of any postal article the proper postage has been fraudulently evaded by the use of defaced, fictitious or previously used stamps, the director may refuse to deliver the postal article unless the addressee agrees to disclose the name, occupation and address of the sender, and, after opening the postal article and retaining the enclosures, to deliver up the envelope or wrapper bearing the defaced, fictitious or previously used stamps.
40. Articles delivered to hotels, etc., remain under Post Office control - Notwithstanding the provisions of subsection (3) of section 12, every postal article delivered to any hotel, public or private lodginghouse, shipping office or travel agency, shall be deemed to be under the control of the Minister until the article reaches the hands of the addressee.
41. Articles unclaimed at hotels, etc., to be returned - (1) If any postal article at the end of one month after delivery to an hotel, a lodginghouse, a shipping office or a travel agency has not reached the addressee, the person in charge of the hotel, lodginghouse, office or agency shall, if no instructions to the contrary have been received from the addressee, return the article to the nearest post office, with the reason therefor.
(2) Any such person as aforesaid who neglects or fails to comply with any of the provisions of subsection (1) commits an offence against this Act and shall be liable to a fine not exceeding 1 penalty unit.
42. Letterboxes - The Minister may from time to time cause post office letterboxes or rural delivery boxes to be erected and maintained in any road, street, reserve, or public place, under the control of any authority:
PROVIDED THAT no such letterbox or rural delivery box shall be so placed as to interfere with ordinary traffic.
43. Customs fees and charges - (1) There may be charged in respect of postal articles arriving from other countries and containing goods liable to Customs duty a special fee (in this section referred to as a Customs clearance fee) of such amount as may from time to time be prescribed by regulations.
(2) The Minister may in his discretion retain possession of any postal article in respect of which a Customs clearance fee is payable until the fee has been paid.
(3) Money received as Customs clearance fees shall be deemed to be Post Office revenue, and shall be paid into the Public Account.
(4) The Minister shall have the same right of recovering any sum payable in pursuance of the Customs Acts in respect of any postal article as the Minister would have if the sum so payable were postage payable under this Act.
44. Prohibition of postal articles for certain addresses - If the Minister has at any time reasonable ground to suspect any person in Samoa or elsewhere to be engaged in:
(a) Any business or undertaking relating to illegal gaming or betting, or to the conduct of an illegal lottery, or to fortune telling; or
(b) Any obscene, immoral or unlawful business or undertaking; or
(c) Advertising in direct or indirect terms regarding sexual matters in a manner likely to be offensive,-
the Minister may, by notice in the Gazette, order that no postal article addressed to that person (whether by his or her own or any fictitious or assumed name) or to his or her address without a name shall be forwarded or delivered under this Act.
45. Loss of or delay to postal articles - Except as otherwise provided by this Act, no person shall have any right to compensation nor shall any liability be imposed upon the Government by reason of any loss, default, delay, or omission in relation to any postal article.
46. Damage to letterbox - (1) Every person who:
(a) Wilfully defaces, breaks, damages or defiles, any post office letterbox; or
(b) Puts any living creature or any filthy or noxious substance or any fluid into any post office letterbox or the posting place at a post office; or
(c) Without the authority of the Minister, affixes or attempts to affix any placard, advertisement, notice, list, document, board or thing on any post office letterbox,-
commits an offence against this Act and shall be liable to a fine not exceeding 1 penalty unit; and, in addition to any penalty imposed, to pay to the Minister compensation for any damage done (including damage done to the contents of the letterbox).
(2) Any sum ordered under subsection (1) to be paid as compensation may be recovered in the same way as a sum adjudged by the Court to be paid as a fine.
47. Putting fire or dangerous substance into letterbox - Every person who puts into any post office, or into any post office letterbox, fire, or light, or any explosive, dangerous, or destructive substance or fluid, or any matter or thing likely to injure any postal article or any person, commits an offence against this Act and shall be liable to imprisonment for a term not exceeding 5 years.
48. Posting of dangerous substance - Every person who posts or causes to be posted any postal article containing any explosive, dangerous or destructive substance or fluid commits an offence against this Act and shall be liable to imprisonment for a term not exceeding 5 years:
PROVIDED THAT nothing in this section shall apply to poisons when sent and packed in accordance with regulations.
49. Posting of objectionable or injurious thing - Every person who posts or causes to be posted any postal article:
(a) Containing any filthy or noxious substance, or any animal or thing which is noxious; or
(b) Containing any indecent or obscene writing, print, painting, photograph, engraving, book, card, article or representation of any kind; or
(c) Having thereon or on its cover any word, mark, design or representation of an indecent, obscene, or grossly offensive character; or
(d) Containing any sharp article, fluid, or any other injurious thing, not properly packed,-
commits an offence against this Act and shall be liable to a fine not exceeding 2 penalty units.
50. Article bearing insufficient postage - Every person who posts or causes to be posted:
(a) Any postal article purporting to be entitled to exemption from postage or to transmission at a lower than the ordinary rate of postage, but which is not so entitled; or
(b) Any postal article containing any other unstamped or insufficiently stamped postal article that if sent alone would be liable to postage,-
commits an offence against this Act and shall be liable to a fine not exceeding 1 penalty unit.
51. Theft of postal article by employee - (1) Every employee who steals, or for any purpose whatever contrary to his duty secretes or destroys, a postal article of any kind other than a postal article to which subsection (2) applies commits an offence against this Act and shall be liable to imprisonment for a term not exceeding 7 years, or, if the article contains therein any chattel, money, or valuable security, shall be liable to imprisonment for a term not exceeding 10 years.
(2) Every employee who steals, or for any purpose contrary to his duty secretes or destroys, any postal article being a printed paper without a cover or in an open cover commits an offence against this Act and shall be liable to imprisonment for a term not exceeding 5 years.
52. Theft of money from postal articles - Every person who steals from or out of a postal article any chattel, money, or valuable security shall be liable to imprisonment for a term not exceeding 10 years if an employee and not exceeding 5 years if not an employee.
53. Theft of postal article by person other than employee - (1) Every person, other than an employee, who steals any postal article of a kind other than a postal article to which subsection (2) applies commits an offence against this Act and shall be liable to imprisonment for a term not exceeding 3 years.
(2) Every person, other than an employee, who steals any postal article being a printed paper without a cover or in an open cover commits an offence against this Act and shall be liable to imprisonment for a term not exceeding 6 months.
54. Receiving of postal matter dishonestly obtained - (1) Every person who receives any mail or postal article or the contents of any postal article obtained by any offence against this Act knowing the same to have been dishonestly obtained commits an offence against this Act and shall be liable to the same penalty as the person who committed the offence by which the mail or postal article or contents was obtained.
(2) The provisions of section 90(2) of the Crimes Ordinance 1961 or any other enactment passed in substitution thereof relating to receiving stolen property, shall, as far as they are applicable, and with the necessary modifications, apply to any offence under this section.
55. Stealing or unlawfully opening mail - Every person who steals or unlawfully opens any mail commits an offence against this Act and shall be liable to imprisonment for a term not exceeding 5 years.
56. Wrongful opening or delaying of postal article by employee - Every employee who, contrary to his duty, opens, or procures or suffers to be opened, a postal article, or wilfully delays or detains a postal article, or procures or suffers a postal article to be delayed or detained, commits an offence against this Act and shall be liable to imprisonment for a term not exceeding 5 years.
57. Wrongful opening or delaying of postal article by person not an employee - Every person, other than an employee, who wilfully and without reasonable excuse opens or causes to be opened any postal article which is not intended for that person or does any act or thing whereby the postal article is prevented or delayed from reaching the person for whom it is intended, commits an offence against this Act and shall be liable to imprisonment for a term not exceeding 2 years.
58. Wrongful divulgence of contents of postal article by employee - Every employee who divulges to any person, except so far as is lawfully permitted, any information from or as to the contents of a postal article that has come to the employee's knowledge in the course of his or her duty, commits an offence against this Act and shall be liable to imprisonment for a term not exceeding 6 months.
59. Divulgence of information obtained from postal article opened in error - Every person, other than an employee acting in the course of his duty, who, having examined the contents of a postal article not intended for that person, divulges without good and sufficient cause to any person any information obtained by him or her from or as to the contents of the postal article commits an offence against this Act.
60. Detention, loss, or damage of mail by employee - Every employee who negligently or wilfully fails to deliver any mail or postal article, or who negligently loses any mail or postal article, whether or not it is afterwards recovered, or who negligently or wilfully damages any mail or postal article, commits an offence against this Act and shall be liable to a fine not exceeding 2 penalty units or to imprisonment for a term not exceeding 6 months or both.
61. Fraudulently retaining or destroying a postal article - Every person who, having received or acquired a postal article or a mail not intended for that person, fraudulently retains, or wilfully secretes, keeps, detains or destroys, or who, when required by an employee, neglects or refuses to deliver up the postal article or mail, commits an offence against this Act and shall be liable to imprisonment for a term not exceeding 2 years.
62. Making false statement - Every person who:
(a) Falsely states that he or she posted a postal article; or
(b) Falsely states that he or she posted a postal article containing money or some other valuable enclosure, whereas in fact he or she posted an article not containing money or other valuable enclosure or containing money or some other enclosure of less value than the value so stated by that person; or
(c) Falsely states that any postal article was not received by him or her; or
(d) Falsely states that the contents or any portion of the contents of any postal article posted by or delivered to him or her were unlawfully abstracted before delivery,-
commits an offence against this Act and shall be liable to imprisonment for a term not exceeding 2 years.
63. Obtaining postal article under false pretence - Every person who by means of any false pretence or misstatement induces any employee to deliver to him or her any postal article not addressed to or intended for him or her, and every employee who knowingly delivers any postal article to any person not lawfully entitled to receive it, commits an offence against this Act.
64. Recording on postal article incorrect time of posting - Every person who falsely marks any postal article so as to lead any person to believe that it was posted at a time other than the time when it was in fact posted commits an offence against this Act.
65. Imitation of post office envelope or mark, and use without authority of mark "On Public Service" - Every person who, without due authority:
(a) Makes, issues or uses any envelope, wrapper, card, form or paper in imitation of one issued by any postal authority; or
(b) Makes on any envelope, wrapper, card, form or paper, any mark in imitation of, or purporting to be, a mark of any post office under this Act or under any postal authority; or sends by post or otherwise any envelope, wrapper, card, form or paper so marked; or
(c) Makes, issues, or uses any envelope, wrapper, card, form or paper having thereon any words, letters or marks which signify, or may reasonably lead any person to believe, that a postal article bearing the same is sent on public service; or makes on any envelope, wrapper, card form or paper, any words, letters or marks having the same effect,-
commits an offence against this Act.
66. Regulations - (1) The Head of State, acting on the advice of Cabinet, may from time to time make regulations in regard to any matter or for any purpose for which regulations are prescribed or contemplated by this Part, and may make all such other regulations as may be necessary or expedient for giving full effect to the provisions of this Part, and for the due administration thereof.
(2) Without limiting the general power to make regulations conferred by subsection (1), regulations may be made under this section:
(a) Prescribing conditions relating to the registration of postal articles and the charges for registration;
(b) Providing for the payment of compensation in respect of the loss of or damage to any postal article;
(c) Requiring or permitting, subject to such conditions as may be prescribed, the sender to insure postal articles, whether for delivery within or beyond Samoa, and prescribing the premiums payable in respect of any such insurance;
(d) Prescribing what articles and what contents are prohibited from the post;
(e) Providing for the registration of newspapers and magazines for the purposes of this Act;
(f) Regulating the dispatch, conveyance and delivery of postal articles;
(g) Providing for the detaining, opening and return or other disposal of postal articles which bear insufficient postage or were irregularly posted or are unclaimed, refused or rejected, or of such postal articles as, from any cause whatever, cannot be delivered or forwarded, and of the contents thereof;
(h) Prescribing fees in respect of the performance of any function authorised under this Part;
(i) Providing for the exemption from postage of postal articles sent on the service of the public, newspapers sent to public institutions, reading matter for the blind, and such other postal articles as the Head of State, acting on such advice, thinks fit;
(j) Regulating the general conduct of the business and proceedings of the Post Office in relation to the postal service;
PART IV
CREATION, CUSTODY, AND SALE
OF ADHESIVE STAMPS
67. Interpretation - In this Part, unless the context otherwise requires:
"Stamps" means an adhesive stamp created for the purposes of this Act or the Act for the time being in force relating thereto.
"Special Stamp" means a special stamp created under section 74.
68. Creation, custody, and sale of adhesive stamps - Subject to the provisions of this Part, the creation, custody, sale and disposition of adhesive stamps shall take place in accordance with regulations made under this Part, or in default of any such regulations or so far as any such regulations do not extend, then in accordance with the directions of the Minister.
69. Use of stamps - Subject to the provisions of section 74, all stamps created under this Part shall be available for the purposes of this Act and of the Act for the time being in force, and all the provisions of those Acts, including the penal provisions, shall apply accordingly.
70. Disposition of stamps - Stamps created under this Part may be issued by the Post Office on sale to the public, whether in Samoa or elsewhere, or to licensees or other persons authorised to sell stamps, or to any Department of State on requisition by the proper officer of that Department for the purposes thereof or for sale.
71. Application of revenues derived from stamps - (1) The revenue derived from the sale or use of stamps used for the purposes of this Act shall, after deduction of such commission or other expenses as may be authorised by the Minister, be credited as revenue of the Post Office, and shall be paid into the Public Account.
(2) All other revenue derived from the sale or use of stamps shall be paid to the Public Account.
(3) If any question arises as to the amount to be credited to the Post Office or paid to the Public Account under this section, the question shall be determined by the Minister of Finance.
(4) All adjustments of accounts necessary to give effect to the provisions of this section may be made without further authority than this section.
72. Licences to sell or deal in stamps - (1) The Director may, in his or her discretion, grant a licence to any person to sell or deal in stamps at any place to be named in the licence.
(2) The licence shall specify the name and place of business of the person to whom it is granted, and a description of every place in or at which he or she is authorised to sell or deal in stamps.
(3) Any such licence may be at any time revoked by the Director.
(4) Every person who, not being licensed as aforesaid, sells or deals in any manner in stamps or holds himself out as licensed to sell or deal in stamps, or who, being licensed as aforesaid, sells or deals in stamps otherwise than in conformity with the terms of his or her licence, commits an offence against this Act and shall be liable to a fine not exceeding 1 penalty unit.
73. Certain person may sell stamps without licence - Notwithstanding the provisions of this Part, it shall be lawful for any Bank trading in Samoa, or any person employed in the service of the State, to sell without licence stamps supplied to it or him or her for the purpose by the Post Office.
74. Special stamps - (1) The Minister may from time to time cause to be created special stamps of such denominations as the Minister thinks fit, which shall be available only for the purposes of this Act, and for those purposes each such denomination shall have a value of such amount as the Minister determines.
(2) The use of special stamps instead of ordinary stamps shall be optional for the user.
(3) The revenue additional to postage revenue derived by the Post Office from the sale of special stamps, after deducting therefrom the cost of and incidental to the creation of the stamps and such other costs incidental to the issue and sale of the stamps, and such commission, not exceeding 5 percent of the additional revenue, as may be fixed in each case by the Minister in the Minister's discretion, shall, without further appropriation, be a charge against Post Office revenue and be paid to the credit of a trust fund in the Public Account, and shall from time to time as required be charged on and paid or applied from the Public Account:
(a) For such purposes in relation to the prevention or cure of disease or the promotion of public health as may be approved by the Minister of Health; or
(b) For such other purposes, whether in relation to public health or otherwise, as the Minister of Finance approves.
(4) The purposes for which the additional revenue from the sale of any special stamp is to be applied shall be determined before the creation of the stamp.
75. Discontinuance of dies - (1) Where the Minister of Finance determines to discontinue the use of any die for the purposes of the Act for the time being in force, or where the Minister determines to discontinue the use of any die for the purposes of this Act, a notice of the determination shall be published in the Gazette.
(2) Every instrument that is dated after a day to be fixed in that behalf in the notice published under subsection (1) (being not earlier than 3 months after the date of the publication of the notice in the Gazette) and is stamped with a stamp made from the discontinued die, and every postal article that is posted after that day and is so stamped, shall be deemed to be not duly stamped.
(3) Every person who has in his or her possession any stamp made from the discontinued die may, at any time within 12 months after the day fixed in the notice as aforesaid, send the stamp to any post office, and the Minister shall thereupon cause it to be cancelled and cause a stamp to an equal value made with a die then in use to be exchanged for the stamp so cancelled.
76. Repurchase of stamps - (1) Pursuant to regulations made under this Part, the Director may make allowances for stamps (including special stamps) by giving in exchange other stamps or by paying to the owner the amount thereof, with such deduction in either case as may be prescribed.
(2) Any money payable under this section to any person by way of refund or allowance shall be debited to Post Office Stamp revenue and charged on and paid out of the Public Account.
77. Regulations - The Head of State, acting on the advice of Cabinet, may from time to time make regulations in regard to any matter for any purpose for which regulations are prescribed or contemplated by this Part, and may make all such other regulations as may in his opinion be necessary or expedient for giving full effect to the provisions of this Part, and for the due administration thereof.
PART V
THE TELEGRAPH SERVICE
78. Repealed by the Telecommunications Act 2005.
79. Repealed by the Telecommunications Act 2005.
80. Repealed by the Telecommunications Act 2005.
81. Repealed by the Telecommunications Act 2005.
82. Repealed by the Telecommunications Act 2005
83. Repealed by the Telecommunications Act 2005.
84. Repealed by the Telecommunications Act 2005
85. Repealed by the Telecommunications Act 2005
86. Repealed by the Telecommunications Act 2005
87. Repealed by the Telecommunications Act 2005
88. Repealed by the Telecommunications Act 2005
89. Repealed by the Telecommunications Act 2005
90. Repealed by the Telecommunications Act 2005
91. Repealed by the Telecommunications Act 2005
92. Repealed by the Telecommunications Act 2005
93. Repealed by the Telecommunications Act 2005
94. Repealed by the Telecommunications Act 2005
95. Repealed by the Telecommunications Act 2005
96. Repealed by the Telecommunications Act 2005.
97. Repealed by the Telecommunications Act 2005
98. Repealed by the Telecommunications Act 2005
99. Repealed by the Telecommunications Act 2005
100. Repealed by the Telecommunications Act 2005
101. Repealed by the Telecommunications Act 2005
102. Repealed by the Telecommunications Act 2005
103. Repealed by the Telecommunications Act 2005
104. Repealed by the Telecommunications Act 2005
105. Repealed by the Telecommunications Act 2005
THE TELEPHONE SERVICE
106. Repealed by the Telecommunications Act 2005
106A. Repealed by the Telecommunications Act 2005
107. Repealed by the Telecommunications Act 2005
108. Repealed by the Telecommunications Act 2005
109. Repealed by the Telecommunications Act 2005
110. Repealed by the Telecommunications Act 2005
111. Repealed by the Telecommunications Act 2005
112. Repealed by the Telecommunications Act 2005
113. Repealed by the Telecommunications Act 2005
114. Repealed by the Telecommunications Act 2005
115. Repealed by the Telecommunications Act 2005
116. Repealed by the Telecommunications Act 2005
117. Repealed by the Telecommunications Act 2005
118. Repealed by the Telecommunications Act 2005
119. Repealed by the Telecommunications Act 2005
120. Repealed by the Telecommunications Act 2005
121. Repealed by the Telecommunications Act 2005
THE POST OFFICE SAVINGS BANK
122. Repealed by the Postal and Telecommunications Services Act 1999.
122A. Repealed by the Postal and Telecommunications Services Act 1999.
122B. Repealed by the Postal and Telecommunications Services Act 1999.
122C. Repealed by the Postal and Telecommunications Services Act 1999..
122D. Repealed by the Postal and Telecommunications Services Act 1999.
123. Repealed by the Postal and Telecommunications Services Act 1999.
124. Repealed by the Postal and Telecommunications Services Act 1999.
125. Repealed by the Postal and Telecommunications Services Act 1999.
126. Repealed by the Postal and Telecommunications Services Act 1999.
127. Repealed by the Postal and Telecommunications Services Act 1999.
128. Repealed by the Postal and Telecommunications Services Act 1999.
129. Repealed by the Postal and Telecommunications Services Act 1999.
130. Repealed by the Postal and Telecommunications Services Act 1999..
131. Repealed by the Postal and Telecommunications Services Act 1999.
132. Repealed by the Postal and Telecommunications Services Act 1999.
133. Repealed by the Postal and Telecommunications Services Act 1999.
134. Repealed by the Postal and Telecommunications Services Act 1999.
135. Repealed by the Postal and Telecommunications Services Act 1999.
MONEY ORDERS, POSTAL NOTES,
AND POSTAL ORDERS
136. Transmission of money - Subject to the provisions of this Part, money may be transmitted either within or beyond Samoa through the medium of the Post Office by means of money orders, postal notes and postal orders.
137. Arrangements with foreign authorities - The Minister may from time to time make such arrangements with the appropriate authority of any country other than Samoa as may be necessary for the transmission of money by means of money orders and postal orders or from any place
138. No liability for delay or non-payment - (1) No person shall have any right to compensation, nor shall any liability be imposed on the Government, by reason of delay in or refusal of the payment of any money order, postal note or postal order, or by reason of any neglect, omission or mistake in the issue or payment thereof.
(2) After any money order, postal note or postal order has once been paid to any person whomsoever, the Government shall not be liable for any further claim in respect thereof.
139. No interest or stamp duty payable - No interest or stamp duty shall be payable in respect of a money order, postal note or postal order.
140. Forgery of crossing of money order, postal note, or postal order - Every person who, with intent to defraud, obliterates, adds to or alters any such lines or words on a money order, postal note or postal order as would, in the case of a cheque, be a crossing of that cheque, or knowingly offers, utters or disposes of any money order, postal note or postal order with any such fraudulent obliteration, addition or alteration, commits an offence against this Act and shall be liable to imprisonment for a term not exceeding 5 years:
PROVIDED THAT any person, being a banker, who, in collecting in that capacity for any principal, has received payment or been allowed a credit by the Minister in accounting in respect of any such order or note, or of any document purporting to be such an order or note, shall not incur liability to any one except that principal by reason of having received any such payment or allowance, or of having held or presented the order or note or document for payment:
PROVIDED ALSO THAT this section shall not relieve any principal for whom any such order, note or document has been so held or presented from any liability in respect of his possession of the same or of the proceeds thereof.
141. Fraud, forgery, and theft of money orders, etc. - (1) For the purposes of this Act all enactments providing for the punishment of offences relating to stamp duties shall apply in like manner as if the commission on money orders, postal notes and postal orders were a stamp duty.
(2) A money order, a postal note or a postal order shall be deemed to be:
(a) A bank note within the meaning of any law for the time being in force relating to forgery; and
(b) An order for the payment of money and a valuable security within the meaning of any law for the time being in force relating to theft.
142. Issuing of money order, etc., with fraudulent intent - (1) Every employee who, with fraudulent intent, grants or issues any money order, postal note or postal order, commits an offence against this Act and shall be liable to imprisonment for a term not exceeding 7 years.
(2) Every employee who reissues any such order or note previously paid shall be presumed, until the contrary is proved, to have issued the order or note with a fraudulent intent.
143. Prohibition of money orders for certain persons - Any order made under section 44 by the Minister prohibiting the forwarding or delivery of postal articles to any person shall have the effect of prohibiting, in addition, the issuing of money orders in favour of that person and the payment of money orders to him or her.
144. Regulations - (1) The Head of State, acting on the advice of Cabinet, may from time to time make regulations in regard to any matter or for any purpose for which regulations are prescribed or contemplated by this Part, and may make all such other regulations as may in his opinion be necessary or expedient for giving full effect to the provisions of this Part, and for the due administration thereof.
(2) Without limiting the general power to make regulations conferred by subsection (1), regulations may be made under this section:
(a) Prescribing charges in respect of money orders and postal notes;
(b) Prescribing the forms and currency of money orders and postal notes;
(c) Prescribing conditions in respect of the issue and payment of money orders, postal notes and postal orders;
(d) Prescribing the mode of accounting for all money received and paid in respect of money orders, postal notes and postal orders;
(e) Prescribing the time for which paid money orders, postal notes and postal orders shall be kept in the custody of the Minister, and the mode in which they shall thereafter be destroyed or otherwise disposed of;
(f) Providing for such other matters incidental to the carrying of this Part into execution as the Head of State acting on such advice thinks fit.
145. Arrangements and regulations to be binding - All arrangements made under section 137 and regulations made under section 144 shall be binding and conclusive upon the persons for whom or in favour of whom any money orders, postal notes or postal orders are issued, and upon all persons interested through or claiming under those persons, and upon all holders of money orders, postal notes or postal order.
PART IX
ERECTION OR CONSTRUCTION OF
LINES AND COMMUNICATION SYSTEMS
146. Repealed by the Telecommunications Act 2005
147. Repealed by the Telecommunications Act 2005.
148. Repealed by the Telecommunications Act 2005
149. Repealed by the Telecommunications Act 2005
LICENSING AND REGULATION
OF RADIO STATIONS AND APPARATUS
150. Repealed by the Telecommunications Act 2005
151. Repealed by the Telecommunications Act 2005
152. Repealed by the Telecommunications Act 2005
153. Repealed by the Telecommunications Act 2005
154. Repealed by the Telecommunications Act 2005
155. Repealed by the Telecommunications Act 2005
156. Repealed by the Telecommunications Act 2005
157. Repealed by the Telecommunications Act 2005
ACCOUNTS, BALANCE SHEETS,
AND PROFIT AND LOSS ACCOUNTS
158. Repealed by the Postal and Telecommunications Services Act 1999.
159. Repealed by the Postal and Telecommunications Services Act 1999.
160. Repealed by the Postal and Telecommunications Services Act 1999.
161. Repealed by the Postal and Telecommunications Services Act 1999.
162. Repealed by the Postal and Telecommunications Services Act 1999.
163. Repealed by the Postal and Telecommunications Services Act 1999.
164. Repealed by the Postal and Telecommunications Services Act 1999.
165. Repealed by the Postal and Telecommunications Services Act 1999.
166. Repealed by the Postal and Telecommunications Services Act 1999.
LAND AND BUILDINGS
167. Power to construct departmental buildings - The Minister may from time to time construct such buildings as may be required for the purposes of the Post Office.
168. Power to maintain land and buildings - The Minister may from time to time fence, clear, drain, pave, maintain, repair, rebuild, renovate, reinstate, alter or clean any land, buildings or premises occupied by or on behalf of the Post Office for any of its purposes.
169. Power to arrange leases - The Minister may from time to time take all steps necessary or expedient to arrange leases or tenancies of any land or building required for or incidental to the purposes of the Post Office.
170. Tubes or tunnels - For the purpose of laying any pneumatic tubes or constructing any tunnels that may be required for the carriage of postal matter or otherwise for the convenience of the Post Office, and for the maintenance or removal of any such tubes or tunnels, the Minister of Lands shall have the same powers as the Minister has under the Taking of Land Act 1964 in respect of the construction and maintenance of lines and works.
OTHER OFFENCES
171. Disfiguring post office - Every person who, without due authority, affixes or attempts to affix any placard, advertisement, notice, list, document, board or thing on, or who disfigures or attempts to disfigure any post office or other real or personal property under the control of the Minister and used for the purposes of this Act commits an offence against this Act and shall be liable to a fine not exceeding 2 penalty units or to imprisonment for a term not exceeding one year or to both.
172. Obstruction of employee - Every person who wilfully obstructs or interferes with any employee in the performance of his or her duties commits an offence against this Act.
173. Personation of employee - Every person who personates or falsely represents himself to be an employee commits an offence against this Act and shall be liable to imprisonment for a term not exceeding one year or a fine not exceeding 2 penalty units, or to both.
174. Fraud of Post Office revenues - Every person who makes, does or practises, or is concerned in, any fraudulent act, contrivance or device for which no specific penalty is elsewhere provided in this Act, with intent to defraud the Minister of any of the rates, duties, fees, charges or other revenues under this Act commits an offence against this Act and shall be liable to imprisonment for a term not exceeding 2 years, or to a fine not exceeding 5 penalty units, or to both.
175. Wrongful use of forms - Every person who uses, for any purpose other than that intended by the Post Office, any form provided by the Post Office for the use of the public in connection with the business of the Post Office commits an offence against this Act.
176. Wrongful use of certain words and signs - Every person who, without the authority of the Minister (the proof of which authority shall rest on the person claiming to act under it) places or erects, or permits to be placed or erected, or permits to continue after the original authority has been revoked:
(a) On or near to his or her house or premises any sign, placard, writing or painting bearing the words "Post Office" or any other words or mark which may imply or give reasonable cause to believe any such house or premises to be a post office or other premises under the control of the Minister and used for the purposes of carrying out his functions under this Act; or
(b) On any vehicle, aircraft or vessel, or attached thereto, any sign, placard, writing, painting or flag bearing the words "State Mail", or any other words or mark which may imply or give reasonable cause to believe any such vehicle, aircraft or vessel to be for the time being under engagement under this Act for the carriage of mails,-
commits an offence against this Act.
177. General penalty - Every person who commits an offence against this Act in respect of which a penalty is not specifically provided elsewhere in this Act shall be liable to a fine not exceeding 1 penalty unit.
178. Proceedings in respect of offences - In any information or complaint against any person for any offence against this Act and on the trial thereof it shall be sufficient:
(a) To state that any property is in the Minister's name without alleging or proving it to be of any value;
(b) To allege that any act, matter or thing was done or committed with intent to injure or defraud the Minister;
(c) To name and describe the Minister as the Minister of Communications and Information Technology for Samoa, without any further or other name, addition, or description whatsoever;
(d) To allege (if the offender is an employee) that he or she was engaged in Post Office duties at the time of committing the offence, without stating further the nature or particulars of his duties.
179. Reward for procuring conviction - Where any person has been convicted of an offence against this Act the Minister may grant to any person who appears to have been active in or towards procuring the conviction a reward not exceeding $100.
180. Time within which information may be laid - Any information in respect of an offence against this Act or against any regulations may, except as otherwise provided by this Act, be laid at any time within 12 months from the time when the matter of the information arose.
PART XIV
GENERAL
181. Declarations of secrecy - (1) Every employee, and every person who, as a contractor for the carriage of mails or for the performance of other services in respect of which contracts may be made under this Act or as the employee of any such contractor, has access to information which, in the opinion of the Director, is confidential shall, before the exercise by the employee of the duties of his or her office or, as the case may be, before the performance by the employee of his or her functions under the contract, make and subscribe a statutory declaration in the form in the First Schedule.
(2) Any such declaration may be taken and subscribed before any person empowered by law to take statutory declarations, or before any officer of the Post Office whom the Minister authorises to take declarations under this Act.
182. Recovery of fees and charges - In the case of the refusal or neglect of payment on demand of any fee or charge authorised to be charged or received under this Act the Director may sue for and recover the fee or charge in any Court of competent jurisdiction.
183. Contracts by Minister - (1) In addition to the powers conferred on the Minister by this or any other Act, the Minister shall have power and shall be deemed to have always had power to enter into such contracts or arrangements for the execution of works, for the supply of materials and goods, and for the provision of labour and services as may be necessary for the exercise of the Minister's powers and functions under this Act.
(2) Every such contract or arrangement made by the Minister (whether before or after the commencement of this Act) shall be deemed to have been made on behalf of the State.
184. Powers of Minister - (1) In addition to the powers and functions specifically conferred on him by this Act, the Minister shall have all the powers and functions necessary, conducive or incidental to the performance of the Minister's functions under this Act.
(2) Services provided by the Post Office under this Act shall, so far as the conditions relating to any such services are not prescribed by this Act or regulations, be conducted between the Post Office and the public in the manner from time to time determined by the Minister.
185. The Post Office Guide - (1) The Minister may cause to be published at such intervals as he thinks fit a document to be known as the Post Office Guide containing conditions subject to which any services provided by the Post Office under this Act shall be available to members of the public.
(2) Any person may consult or purchase a Post Office Guide at any post office.
186. Immunity for acts lawfully done - (1) No claim or demand against the Minister or any employee shall arise by reason of anything lawfully done by him under this Act.
(2) The Minister shall not incur any personal liability under any contract or arrangement entered into by the Minister under this Act.
187. Protection of rights in official publications - The Minister, in accordance with regulations, may make such provision as he thinks fit for the protection of the rights of the Post Office in any official publication and for the protection of the interests of any person in any advertisement appearing in any such publication.
188. Regulations - (1) In addition to the powers to make regulations conferred by preceding provisions of this Act, power is hereby conferred on the Head of State, acting on the advice of Cabinet, from time to time to make regulations in regard to any matter or for any purpose for which regulations are prescribed or contemplated by this Act, and to make all such other regulations as may be necessary or expedient for giving full effect to the provisions of this Act, and for the due administration thereof.
(2) Where no other maximum penalty is prescribed by this Act, regulations may prescribe fines not exceeding 1 penalty unit for the breach of any such regulation.
189. Repeals and savings - (1) The enactments specified in the Second Schedule to this Act are hereby repealed as part of the law of Samoa.
(2) The repeal of any provision by this Act shall not affect any appointment or document made or thing done under the provisions so repealed, and every such appointment, document or thing, so far as it subsists at the time of repeal, shall continue to have effect as if it had been made or done under the corresponding provisions of this Act.
SCHEDULES
FIRST SCHEDULE Section 181
DECLARATION BY OFFICER OR OTHER
PERSON TAKING PART IN THE BUSINESS OF THE POST
OFFICE OR HAVING ACCESS TO POST OFFICE PREMISES
I, (Insert full name) of (Insert place of abode and occupation) solemnly and sincerely declare that:
1. I will be true and faithful in the execution of the trust committed to my charge.
2. I will not open, return, or delay, or cause or suffer to be opened, returned, or delayed, any postal article, except as consented to by the addressee or as lawfully permitted.
3. I will not read any letter which I may lawfully open further than is necessary to ascertain the name and address of the writer or any other information lawfully permitted.
4. I will not delay, or cause or suffer to be delayed, any telegraph or telephone message, except as lawfully permitted.
5. I will not divulge, or cause or suffer to be divulged, except as lawfully permitted:
(a) Any knowledge obtained in lawfully examining any postal article; or
(b) The contents or purport of any telegraph or telephone message; or
(c) Any information obtained regarding any business of the Post Office Savings Bank or any other business of the Post Office.
AND I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths, Affidavits and Declarations Act, 1963.
DECLARED at ............ this ............. day of ............... 19.., before me:
(A person authorised to take statutory declaration)
SECOND SCHEDULE Section 189 (1)
ENACTMENTS REPEALED
1920 - N.Z.G. 1671: The Samoa Post and Telegraph Order 1920.
1933 - N.Z.G. 606: The Samoa Post and Telegraph Amendment Order 1933.
1958 - No. 4: The Samoa Post and Telegraph Order Amendment Ordinance 1958.
S.R. 1958/9: The Samoa Post and Telegraph Order Amendment Ordinance Commencement Notice 1958.
1959 - No.30: The Post Office Act 1959 (N.Z.)
1960 - No.106: The Post Office Amendment Act 1960 (N.Z.)
1961 - No.94: The Post Office Amendment Act 1961 (N.Z.)
1953 - No.4: The Telephone Ordinance 1953
1959 - No.13: The Samoa Post Office Ordinance 1959
1959 - No.17: The Radio Communications Ordinance 1959
1961 - No.25: The Enactments Amendment and Repeal Ordinance 1961: section 2.
REVISION NOTES 1997
The Post Office Act 1972 appearing in this reprint comprised that Act as it appears in the 1977 reprint amended as shown below.
Section 6: The words "by the Public Service Commission" were deleted ad replaced by "as an officer of the Public Service" by section 1(2) and the Third Schedule to the Public Service (Special Posts) Act 1989.
Section 17(2)(j): A new clause (j) was added by section 45 and the Schedule to the Off-Shore Banking Act 1987.
REVISION NOTES 2008
This law has been generally edited as provided for by section 5 of the Revision and Publication of Laws Act 2008. The following general revisions have been made –
(a) References to Western Samoa have been amended to Samoa in accordance with an amendment to the Constitution of Samoa in 1997.
(b) The fines have been amended and are stated as penalty units as provided for by the Fines (Review and Amendment) Act 1998.
(c) All references to the male gender have been made gender neutral.
(d) Amendments have been made to conform to modern drafting styles and to use modern language as applied in the laws of Samoa.
(e) Amendments have been made to up-date references to offices, officers and statutes.
(f) Other minor editing has been done in accordance with the lawful powers of the Attorney General.
Note: The terms "Department" and "Director" have been retained. These are in conflict with the Ministerial and Departmental Arrangements Act 2003. This law should be reviewed.
The following amendments have been made to specific sections of the Act to incorporate amendments made by Act of Parliament passed since the publication of the Western Samoa Statutes Reprint 1978-1996 –
By the Postal and Telecommunications Services Act 1999 (No. 10) -
Part II This Part was repealed
Part VII This Part was repealed
Part XI This Part was repealed
By the Post Office Amendment Act 2004 (No. 10) -
Section 106A A new section was inserted
By the International Banking Act 2005 (No. 8)
Section 17 Subsection (2)(j) was repealed and replaced with its current form.
By the Telecommunications Act 2005 (No. 20) -
Part II This Part was repealed. (It was in fact already repealed by Act No. 10 of 1999 – see above)
Part V This Part was repealed.
Part VI This Part was repealed.
Part IX This Part was repealed.
Part X This Part was repealed.
Revised and consolidated by Graham Bruce Powell
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 –
(a) 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 Post Office Act 1972 is administered by the Ministry of Communications and Information Technology.
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