What is POSTAL SERVICES ACT 2012?

*POSTAL SERVICES ACT 2012 is Malaysia Act, cited as Act 741 2012, currently marked in force and first recorded in 2012.

Is POSTAL SERVICES ACT 2012 still in force?

Yes — POSTAL SERVICES ACT 2012 is currently in force.

When did POSTAL SERVICES ACT 2012 take effect?

POSTAL SERVICES ACT 2012 was first recorded in 2012.

How many sections does POSTAL SERVICES ACT 2012 have?

POSTAL SERVICES ACT 2012 contains 135 sections.

Where can I read the official version of POSTAL SERVICES ACT 2012?

The official text of POSTAL SERVICES ACT 2012 is published at lom.agc.gov.my.

POSTAL SERVICES ACT 2012 (No. 741)

PRELIMINARY

Short title and commencement

Section 1

(2)

This Act comes into operation on a date to be appointed by the

Minister by notification in the Gazette and the Minister may appoint different dates for the coming into operation of different provision of this Act.

Interpretation

Section 2

In this Act, unless the context otherwise requires—

‘this Act” includes any subsidiary legislation made under this Act;

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“postal article” means a letter, a package, a parcel, a wrapper or a container that can be collected, transmitted and delivered through the postal network of a licensee;

“postage” means the charge or fee, including additional charge or fee, payable for the collection, transmission and delivery of a postal article by a licensee;

“downstream access” means the access to a licensee’s postal network and postal network facilities for final processing and delivery purposes by another licensee;

“register” means any register maintained by the Commission for the purpose of this Act;

“prescribed” where no mode is mentioned, means prescribed by regulations made under this Act;

“postal services industry” includes postal services and other services that may be provided under this Act;

“mail bag” means any bag, box, basket, parcel, envelop or container, including locked bag, in which a postal article in transmitted, whether it does or does not contain any postal article;

“postal network facilities” means any facilities and equipment used by licensee as part of its postal network and in the case of a universal service licensee includes a post office, posting box, relay box and postal vehicle;

“licence” means a universal service licence or non-universal service licence granted under subsection 13(2);

“Minister” means the Minister charged with the responsibility for the postal services industry;

“authorized officer” means—

(a)

any public officer or officer of the Commission authorized in writing by the Minister for the purpose of this Act; or

(b)

any police office not below the rank of Inspector;

“post office” includes any place, device or mail conveyance authorized by the universal service licensee for the posting, receipt, sorting, handling, transmission or delivery of postal article;

“licensee” means a company incorporated under the *Companies act 1965 [Act 125] that has been granted a licence under this Act to provide postal services;

“mail conveyance” means the mode used to transmit postal articles;

“director” has the same meaning assigned to it in the Companies Act 1965;

“postal identifier” means any name, logo, mark or design assigned by the Commission to a licensee—

(a)

that identifies the licensee; and

(b)

that clearly indicates to the public that postal articles have been, or are intended to be accepted by that licensee for transmission by post;

“Designated Postal Operator” means a universal service licensee designated by the Minister;

“consumer” means a person who uses the postal network of a licensee either as a sender or recipient of postal articles or who uses the postal financial services or electronic postal services;

“transmission of postal article” means the process whereby a postal article is being posted by the sender to an access point until it is being

*NOTE─The Companies Act 1965 [Act 125] has since been repealed by the Companies Act 2016

[Act 777] which comes into operation on 31 January 2017-see subsection 620(1) Act 777.

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delivered to the addressee by the licensee or it is returned to the sender or disposed of under this Act by the licensee;

“data processing device” means any equipment or device from which information is capable of being reproduced, with or without the aid of any other equipment or device;

“mail pick up or delivery equipment” means equipment provided by the universal service licensee for the collection and delivery of mail, including a posting box, parcel box and relay box;

“non-universal service” means postal services that may be provided to consumers at rates other than the prescribed rates of the universal service;

“electronic postal service” means the electronic postal services as specified in section 35;

“postal financial services” means the postal financial services as specified in section 34;

“postal service” means the collection, transmission and delivery of any postal article;

“universal service” means postal services, which include basic postal services determined by the Commission to be provided to consumers throughout Malaysia, at the prescribed rates;

“posting box” means any box or receptacle designated by a universal service licensee, in which senders can deposit postal articles for the purpose of collection;

“letter box” means a receptacle provided by a consumer in order to receive postal article sent to the consumer or to the consumer’s address;

“post” means an act of leaving a postal article in any place, receptacle, device or mail conveyance of a licensee or with any person authorized by a licensee for the collection of postal article and in the

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case of the universal service licensee, also means leaving it in any post office or depositing it in ant posting box;

“postal network” means the system of organization and resources in any form or manner used by a licensee in carrying out its operations including the aspects of the system used for–-

(a)

collecting postal articles postal from the access points;

(b)

handling and transporting postal article from the access points to the distribution centre;

(c)

processing the postal articles; and

(d)

disturbing the postal article to the addressee;

“postage stamp” means any label or stamp which denotes any rate of postage fee or other sum payable in respect of a postal article, and includes adhesive postage stamps and stamp printed, embossed, impressed or otherwise indicated on any envelop, wrapper, postcard or other article, whether such stamp is issued under this Act or under the law of any other country;

“letter” means any form of written communication or document of communication in an envelope or a small packet that is directed to a specific person or a specific address which is conveyed other than by electronic means, and excludes categories which are specified under section 12;

“Commission” means the Malaysian Communications and

Multimedia

Commission established under the

Malaysia

Communications Multimedia Commission Act 1998 [Act 589];

“appointed date” means the date on which this Act comes into operation;

“complaint handling procedure” means the published document referred to in subsection 51(1);

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“access points” means the points of the postal network of a licensee to which the sender has access through any means, and in the case of the universal service licensee includes post offices and posting boxes;

“general terms and conditions” means the general terms and conditions of a licensee referred to in section 32.

Delivery

Section 3

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(a)

leaving the postal article at the address;

(b)

depositing the postal article in a post office looked bag or letter box or any other receptacle or device provided for the receipt of postal article of the addressee; or

(c)

leaving the postal article with the addressee or his servant or agent or with any other person considered to be authorized by the addressee to receive the postal article, according to the usual manner of delivering postal article to the addressee, and where the addressee is a guest or a resident at a hotel, delivery to the proprietor or manager of the hotel or his agent shall be deemed to de delivery to the addressee.

Section 4

(a)

to advise the Minister on all matters relating to postal services, including matters in connection with the exercise of its functions under this Act;

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(b)

to implement and promote the national policy objectives for the postal services industry;

(c)

to implement and enforce the provisions of this Act and to recommend reforms;

(d)

to promote and encourage the expansion of the postal services industry according to the economic development of

Malaysia;

(e)

to exercise regulatory functions in respect of the postal services provided by the licensees, including postage rates that have been established, the determinations of performance standards and standards of facilities and the enforcement of standards;

(f)

to monitor the compliance by the licensees with the stipulated service standards, contractual obligations and relevant laws and guidelines;

(g)

to develop, control, implement, maintain and manage the postcode and addressing system in Malaysia;

(h)

to promote competition in providing for postal services;

(i)

to safeguard the interests of consumers of postal services supplies by licensees in respect of—

(i)

the prices to be charged;

(ii)

the continuity of postal services; and

(iii)

the quality of the postal services provided;

(j)

to use its best endeavour in facilitating all reasonable demands relating to postal services;

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(k)

to increase concerted efforts towards improving the operational efficiency of the postal services industry;

(l)

to regulate the issuance of postage stamps including definitive, commemorative and special issues of postage stamps and any other philatelic items; and

(m)

to carry on all other activities as may appear to be

Commission requisite, advantageous or convenient for the purpose of carrying out or in connection with the performance of its functions under this Act.

(2)

The Commission may authorize the Chairman of the

Commission or any authorized officer to carry out any of the functions set out in subsection (1).

Ensuring the provision of universal service

Section 5

(a)

the scope of universal service shall be clearly established and defined;

(b)

the universal service shall be available to all persons in

Malaysia expect in such geographical conditions or other circumstances as determined by the Minister;

(c)

the universal service shall be accessible with sufficient access points to meet the needs of all consumers;

(d)

the universal service shall be available to all consumers under transparent, objective and non-discriminatory terms and conditions;

(e)

the security and confidentiality of postal articles shall be maintained;

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(f)

the universal service shall be offered on a permanent basis without interruption except in cases of force majeure;

(g)

the universal service shall be provided at reasonable quality standards; and

(h)

the universal service shall be provided at affordable rates throughout Malaysia.

(2)

In ensuring the proper provision of the universal service, the

Minister may, on the recommendation of the Commission, make regulations on ant matters relating to universal service for the purpose of subsection (1).

Monitoring and reporting to the Minister

Section 6

(2)

The Commission shall monitor and report on the following matters:

(a)

the administration and enforcement of this Act;

(b)

the state of the competitive environment;

(c)

the quality of universal service provided to all consumers throughout Malaysia;

(d)

the efficiency and quality of the provision of postal services by licensees;

(e)

the rates paid by consumers for postal services;

(f)

any deficiency in the scope or operation of this Act; and

(g)

other matters as the Minister deems necessary.

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(3)

The Commission shall publish the report in the manner it deems appropriate, as soon as practicable following the date on which the Commission conveys the report to the Minister.

MINISTERIAL POWERS AND PROCEDURES

Direction by the Minister

Section 7

(2)

A direction issued under subsection (1) shall be consistent with the provisions of this Act which are relevant to the particular matter or activity.

(3)

The Commission shall exercise its powers conferred under this

Act in a manner which is consistent with such direction.

(4)

Every direction shall be registered by the Commission as soon as practicable.

(5)

The direction shall come into operation on the date of registration or such later date as the Minister may specify in the direction.

(6)

The direction shall expire on such date as the Minister may specify in the direction or, if no date is specified, the direction shall be in operation until the direction is revoked.

Variation of a direction

Section 8

(2)

The procedures set out in subsections 7(4), (5) and (6) shall apply in respect of any modification, variation or revocation of a direction.

Register of directions

Section 9

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The Commission shall maintain a register of all directions including any modification, variation or revocation of a direction issued by the Minister in accordance with subsection 99(1).

LICENSING PROVISION

Minister may grant licence

Section 10

The Minister shall have power to grant—

(a)

a universal service licence; or

(b)

a non-universal service licence, for the provision of postal services on such terms and conditions as he thinks fit and in accordance with this Act.

Application for licence

Section 11

(2)

The Commission may, at any time after the application for a licence is made, request the applicant to give to the Commission, within the period specified in the request, further information or document.

(3)

If any additional information or document required under subsection (2) is not provided by the applicant within the period

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specified in the request or any extension of time granted by the

Commission, the application shall be deemed to be withdrawn and shall not be further proceeded with, but without affecting the right of the applicant to make a fresh application.

(4)

An application under this section may be withdrawn at any time before it is approved or refused.

(5)

A person who provides postal services without a valid licence granted under section 10 commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.

Non-application

Section 12

(2)

The Minister may, by order published in the Gazette, amend the

First Schedule to include an additional category or delete an existing category as he thinks fit.

Grant or refusal of licence

Section 13

(a)

the receipt of an application under subsection 11(1); or

(b)

the receipt of further information or document requested by the Commission under subsection 11(2), submit a written recommendation to the Minister.

(2)

The Minister may, after considering the recommendation of the

Commission, grant or refuse to grant the licence.

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(3)

If the Minister grants the licence under subsection (2), he may impose any conditions as he thinks fit.

(4)

The decision of the Minister to grant or refuse to grant the licence shall be communicated to the applicant by the Commission by written notice as soon as practicable.

Conditions of licence

Section 14

(a)

the prescribed standard conditions of the licence; and

(b)

any conditions imposed by the Minister under subsection 13(3).

(2)

A licensee who fails to comply with any condition of a licence under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding three hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Power to add, vary or revoke conditions of licence

Section 15

(2)

Before the Minister makes a decision under subsection (1), the

Commission shall give the licensee—

(a)

a written notice of the Minister’s intention together with a draft copy of the imposition, variation or revocation; and

(b)

an opportunity to make written submission within the period specified in the written notice which shall not be less than thirty days.

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(3)

After the expiry of the period specified in the notice, the Minister shall, after considering any written submission made by the licensee and having due regard to any recommendation of the Commission, decide whether to impose the additional condition or to vary or revoke any existing condition or to take no further action.

(4)

The Commission shall give to the licensee written notice of the

Minister’s decision under subsection (3) as soon as practicable and the decision shall take effect on a date to be specified in the written notice.

Assignment or transfer of licence

Section 16

(2)

A licensee who assigns or transfers its licence to any other person without the prior written approval of the Minister commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.

Suspension or revocation of licence

Section 17

(a)

the licensee has failed to comply with any of the provisions of this Act;

(b)

the licensee has failed to comply with any of the conditions of the licence;

(c)

the licensee has been convicted of an offence under this

Act;

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(d)

a receiver, receiver and manager, provisional liquidator or like official has been appointed over the whole or substantial part of the licensee’s assets and such appointment is not revoked or annulled within a period of sixty days from the date of such appointment; or

(e)

there has been any act or default on the part of the licensee or there has been a change of circumstances such that the licensee would no longer be entitled to be granted a licence under this Act.

(2)

Before the Minister makes a decision under subsection (1), the

Commission shall give the licensee—

(a)

a written notice of the Minister’s intention to suspend or revoke the licence; and

(b)

an opportunity to make written submissions within a period specified in the written notice which shall not be less than thirty days.

(3)

After the expiry of the period specified in the notice, the Minister shall, after considering any written submission made by the licensee and having due regard to any recommendation of the Commission, decide whether or not to suspend or revoke the licence.

(4)

The Commission shall give the licensee written notice of the

Minister’s decision under subsection (3) as soon as practicable.

(5)

The licensee shall not be entitled to any form of compensation from the Minister or the Commission if the licence is suspended or revoked under subsection (1).

Effective date of suspension or revocation of licence

Section 18

The suspension or revocation of a licence under section 17 shall take effect on—

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(a)

a date specified by the Minister in the written notice given under subsection 17(4); or

(b)

if no date is specified in the written notice given under subsection 17(4), on the expiry of thirty days from the date on which the notice is served on the licensee.

Publication of suspension or revocation of licence

Section 19

(2)

Any delay or failure to publish the notice of suspension or revocation shall not in any manner affect the validity of the suspension or revocation.

(3)

The Minister and the Commission shall not be liable for any action, loss or damage arising from or occasioned by the publication of the notice referred to in subsection (1).

Surrender of licence

Section 20

(2)

Notwithstanding subsection (1), a universal service licensee shall, not later than five years from the date of the intended surrender, give written notice to the Commission.

(3)

The surrender shall take effect on the date the Commission receives the licence and the notice under subsection (1), or where a later date is specified in the notice, on that date.

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(4)

The surrender of a licence shall be irrevocable unless it is expressed to take effect on a later date and before that date the

Commission, by notice in writing to the licensee, allows the surrender to be withdrawn.

Renewal of licence

Section 21

(2)

The Minister may, on the recommendation of the Commission, upon payment of the prescribed fee, renew an existing licence except in the following circumstances:

(a)

the licensee has failed to comply with any of the provisions of this Act;

(b)

the licensee has failed to comply with any of the conditions of the licence;

(c)

the licensee had improperly or illegally obtained the licence;

(d)

the licensee has been convicted of an offence under this Act;

(e)

a receiver, receiver and manager, provisional liquidator or like official has been appointed over the whole or substantial part of the licensee’s assets and such appointment is not revoked or annulled within a period of sixty days from the date of such appointment; or

(f)

there has been any act or default on the part of the licensee or there has been a change of circumstances such that the licensee would no longer be entitled to be granted a licence under this Act.

(3)

The Commission may request the licensee to provide any information or document as may be required for the renewal application within the period specified in the request.

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(4)

Notwithstanding subsection (2), if the information or document requested under subsection (3) is not provided by the licensee within the period specified in the request or any extension of time granted by the Commission, the Minister may not renew the licence.

(5)

If the Minister refuses to renew the licence, the Commission shall inform the licensee by written notice as soon as practicable of the

Minister’s refusal to renew the licence.

(6)

The Commission shall give the licensee an opportunity to make written submission to the Minister within the period specified in the written notice which shall not be less than fourteen days.

(7)

After the expiry of the period specified in the notice under subsection (6), the Minister shall, after considering any written submission made by the licensee and having due regard to any recommendation of the Commission, decide whether or not to renew the licence.

(8)

If the Minister decides not to renew the licence, the Commission shall notify the licensee as soon as practicable of the Minister’s decision and shall publish the decision in at least one national language and one English language national daily newspaper for at least three consecutive days.

(9)

Any delay or failure to publish the notice under subsection (8)

shall not in any manner affect the validity of the Minister’s decision not to renew the licence.

(10)

The Minister and the Commission shall not be liable for any action, loss or damage arising from or occasioned by the publication of the notice referred to in subsection (8).

Effect of revocation, surrender or non-renewal of licence

Section 22

(2)

Notwithstanding subsection (1), the Minister may authorize the licensee in writing to carry on providing any facility or service for such duration and upon such terms and conditions as the Minister may specify in the authorization for the purpose of winding up the licensee’s affairs.

(3)

Subject to subsection (2), a person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.

Notice of intention to suspend operation

Section 23

A licensee shall notify the Commission, in writing, of any intention to suspend operation in the manner as prescribed by the

Minister.

PROVISIONS RELATING TO THE UNIVERSAL SERVICE

LICENSEE

Universal service licensee trade names

Section 24

(2)

The Commission may grant permission in writing to a universal service licensee or its agent to use the words specified in the Second

Schedule as a trade name without any charge.

(3)

The Commission may, by order published in the Gazette, amend the Second Schedule to include an additional word or delete an existing word as trade names.

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Passing off of names of a universal service licensee

Section 25

(2)

A person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six months or to both.

Production or issuance of postage stamp

Section 26

(2)

The categories of postage stamps produced or issued by the universal service licensee under subsection (1) shall include definitive, commemorative, special or any other category as prescribed by the Minister.

Right to sell postage stamp

Section 27

(2)

A universal service licensee and persons authorized by a universal service licensee shall not sell postage stamps for more than the value denoted except for philatelic purposes.

(3)

Notwithstanding subsection (2), the sale of postage stamps bearing a cancellation mark for philatelic purposes is not restricted.

(4)

A person who contravenes this section commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.

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Annual thematic plan

Section 28

(2)

The Commission shall, within sixty days of receiving the plan under subsection (1), approve the plan with or without amendments.

Archiving of postage stamp

Section 29

A universal service licensee shall archive specimens of each production of postage stamps in a safe and proper manner for philatelic purposes, which shall include printed sheets, printing plates and other artifacts used in connection with the production of postage stamps.

Section 30

Installation of posting box or other collection or delivery equipment

(2)

A universal service licensee before installing any access point shall obtain the approval of the State Authority, local authority or other relevant authority where required to do so.

Exemption from liability for loss, misdelivery, delay or damage

Section 31

A universal service licensee shall not be liable for any loss, misdelivery, delay of or damage to the postal articles during the transmission of postal articles, unless it is proven that the universal service licensee has maliciously or negligently or intentionally cause the loss, misdelivery, delay or damage.

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GENERAL TERMS AND CONDITIONS OF POSTAL SERVICES

Submission of general terms and conditions

Section 32

(2)

If the Commission requests the applicant to submit the general terms and conditions or any aspect of the general terms and conditions to the Commission in electronic form, the applicant shall do so in a format that is acceptable to the Commission.

(3)

In the case of a universal service licensee, the general terms and conditions shall be approved by the Commission.

(4)

The Commission shall have the right to publish the general terms and conditions or any aspect of the general terms and conditions and to make available copies of the same to third parties.

Limitation of liability in universal service licensee’s general terms and conditions

Section 33

(2)

Any limitation from liability contained in the general terms and conditions shall be a defence against any prosecution, action or proceedings of any nature, whether in court or otherwise, taken against the universal service licensee and shall effectively limit the liability of the universal service licensee to that extent.

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(3)

Notwithstanding subsection (2), if a universal service licensee has agreed contractually with another party on the limitation of liability provisions, that contractual terms and conditions shall prevail.

OTHER SERVICES

Postal financial services

Section 34

(2)

The Minister may, by rules published in the Gazette, prescribe the scope of and fee for postal financial services.

(3)

For the purpose of this Act, “postal financial services” means a range of postal financial services to be provided by a universal service licensee including money order, postal order, postal draft, postal cheque and postal travellers’ cheque.

Electronic postal services

Section 35

(2)

The Minister may, by rules published in the Gazette, prescribe the scope of and fee for electronic postal services.

(3)

The Commission may publish guidelines on matters relating to electronic postal services.

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REGULATION OF RATES

Principles on rates setting

Section 36

The postage rates set by the licensee shall be based on the following principles:

(a)

that rates be reasonably fair and not discriminatory;

(b)

that rates be oriented towards costs and not contain discounts that unreasonably prejudice the competitive opportunities of other licensees;

(c)

that rates be structured and levels set to attract investment into the postal services industry; and

(d)

that rates take into account the standard of rates as recommended by international organizations of which

Malaysia is a member relating to postal services.

Rates may be regulated

Section 37

(a)

the postage rates to be charged by the licensees for services which are within the definition of universal service or non-universal service and may specify the minimum or maximum rates that may be charged or the actual rates that shall be charged; and

(b)

the publication or disclosure of rates and rate increases for postal services.

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(2)

The regulations made under subsection (1) on the rates which the universal service licensees may charge for postal services, may include—

(a)

a defined area of the universal service, on the principle that the rates shall be uniform throughout Malaysia; and

(b)

the remainder of the universal service on which the rates may vary for different geographic zones, or for delivery between different geographic zones, to reflect the differences in costs incurred by a universal service licensee depending on the geographic zone or zones.

(3)

The Minister may, by order published in the Gazette, exempt any person from the payment of any rates in relation to postal services on such terms and conditions as he thinks fit.

GENERAL COMPETITION PRACTICES

Prohibition on anti-competitive conduct

Section 38

(2)

A licensee who contravenes subsection (1) commits an offence.

The Commission may publish guidelines

Section 39

(2)

The guidelines may include reference to—

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(a)

the need to balance between the promotion of competition and the provision of quality services throughout Malaysia;

(b)

the postal market;

(c)

global trends in the postal market;

(d)

the impact of the conduct of the licensee on the number of competitors in the postal market and their market shares;

(e)

the impact of the conduct of the licensee on barriers to entry into the postal market;

(f)

the impact of the conduct of the licensee on the range of services in the postal market;

(g)

the impact of the conduct of the licensee on the costs and profit structures in the postal market; and

(h)

any other matters which the Commission is satisfied are relevant.

Prohibition on entering into collusive agreements

Section 40

(a)

rate fixing;

(b)

market sharing; or

(c)

boycott of another competitor.

(2)

A licensee who contravenes subsection (1) commits an offence.

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Prohibition on tying or linking arrangements

Section 41

(2)

A licensee who contravenes subsection (1) commits an offence.

Dominant licensee

Section 42

The Commission may determine that a licensee is in a dominant position in the postal market.

Section 43

Guidelines as to the meaning of “dominant position”

(2)

The guidelines may specify the matters which the Commission may take into account, including—

(a)

the promotion of competition against the provision of quality services throughout Malaysia;

(b)

the postal market;

(c)

global technology and commercial trends affecting market power;

(d)

the market share of the licensee;

(e)

the power to make independent rate setting decisions by the licensee;

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(f)

the degree of product or service differentiation and sales promotion in the postal market; and

(g)

any other matters which the Commission is satisfied are relevant.

The Commission may direct a licensee in a dominant position

Section 44

The Commission may direct a licensee in a dominant position in the postal market to cease conduct in that postal market which has, or may have, the effect of substantially lessening competition in any postal market, and to implement appropriate remedies.

Section 45

Authorization of a conduct

(2)

Notwithstanding the provisions of this Part, the Commission shall authorize the conduct if the Commission is satisfied that the authorization is in the national interest.

(3)

Before authorizing the conduct, the Commission may require the licensee to submit an undertaking regarding its conduct in any matter relevant to the authorization.

(4)

If the licensee subsequently withdraws the undertaking, the authorization shall be deemed never to have been given for the purpose of this Part.

(5)

A licensee may withdraw an application made under subsection (1) at any time.

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Register of authorizations

Section 46

The Commission shall maintain a register of current authorizations of a conduct under this Part pursuant to subsection 99(1).

Section 47

Penalty for offence

A person who commits an offence, under this Part shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.

Section 48

Minister may make regulations

(2)

The Minister shall only make regulations which are intended to prevent or mitigate—

(a)

any conduct by foreign service providers which will, or is likely to lead to, a substantial lessening of competition in the postal market; or

(b)

the misuse of market power in the postal market.

CONSUMER PROTECTION

Postal Forum

Section 49

(a)

the membership of the body is open to all persons;

(b)

the body is capable of performing as required under the relevant provisions of this Act; and

(c)

the body has a written constitution.

(2)

The body shall agree in writing to be the Postal Forum before the designation may be registered.

(3)

The Commission may decide that an existing body that was previously designated as the Postal Forum is no longer an appropriate body for the purpose of this Act if the Commission is satisfied that the body no longer meets the requirements set out in subsection (1).

(4)

A designation or withdrawal of designation under this section shall take effect from the date of registration, or a later date as specified by the Commission.

Functions of the postal Forum

Section 50

(a)

to give feedback and make recommendations to the

Commission on any matters concerning the interest of consumers of the postal services industry;

(b)

to represent the interests of consumers of the postal services industry including complaints handling;

(c)

to promote consumers’ interest in relation to the tariffs and standards of postal services industry;

(d)

to identify and keep under review matters affecting the interests of consumers and ensure that the licensees are aware of, and responsive to, concerns about their services;

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(e)

to publicise the existence, functions and work of the Postal

Forum in protecting the interests of consumers;

(f)

to develop a code of practice for postal services; and

(g)

to carry out any functions as may be determined by the

Commission.

(2)

The Commission shall have due regard to the recommendations of the Postal Forum in the exercise of its powers and the performance of its functions under this Act.

Complaints handling procedures

Section 51

(2)

The document specified in subsection (1) shall outline the procedures to be followed for consumers who have complaints against the licensee.

(3)

The complaint handling procedures shall be based on the following principles:

(a)

providing adequate resources with sufficient delegated authority to ensure complaints received are acted upon and concluded in a timely manner;

(b)

ensuring the complaint process is available and accessible by all;

(c)

treating complainants with courtesy and wherever possible resolve complaints at the first point of contact;

(d)

providing assistance for complainants in the formulation and lodgment of complaints;

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(e)

providing complaints handling process free of charge;

(f)

developing remedies that are fair and reasonable;

(g)

collecting and recording data on complaints lodged and outcomes to assist in identifying recurring problems and potential improvements to service delivery and customer relations; and

(h)

regular review of the complaints handling process to ensure it is efficiently delivering effective outcomes.

Complaints of consumers

Section 52

(2)

The Commission may also conduct an investigation against a licensee provided that the consumer has followed the complaints handling procedures of the licensee.

(3)

The Commission may determine the rules on the procedures for the making, receipt, handling and dispute resolution of complaints of consumers regarding the conduct or operation of licensees.

Circumstances in which a postal article may be opened

Section 53

(a)

to secure the contents or to ascertain the condition of the contents of damaged postal articles;

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(b)

to determine the addressee or sender of an undeliverable postal article in accordance with the rules made by the

Commission;

(c)

if there are reasonable grounds to suspect that there is a physical danger to persons or property;

(d)

if there are reasonable grounds to suspect that there is a health risk to persons;

(e)

if it has the consent of the addressee or sender to do so;

(f)

by an order of court; or

(g)

as required by the relevant authorities or any other written law.

(2)

An employee of a licensee who has been authorized by the licensee in writing may open postal articles in the circumstances under subsection (1) and in the presence of another employee who has been similarly authorized.

(3)

The contents of an opened postal article may be inspected no further than is warranted in the circumstances under subsection (1).

Notice to be applied and report to be submitted

Section 54

(a)

that it has been opened for inspection; and

(b)

the reasons for opening the postal articles.

(2)

The licensee shall maintain a record of all postal articles opened which shall specify all relevant details including—

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(a)

the date and time the postal article was opened;

(b)

the contents of the postal article;

(c)

the reasons it was opened; and

(d)

the names of the person opening and witnessing the opening who shall both sign the record.

(3)

The licensee shall submit, if requested by the Commission, a report to the Commission specifying in detail the circumstances of and the reasons for opening of the postal articles.

(4)

A licensee shall not disclose any information in relation to the postal article opened except to the extent required to comply with a court order or as permitted under this Act.

Inspection by customs officials

Section 55

(2)

All postal articles that are opened for customs inspection shall be repackaged and stamped with the notice that the postal articles have been opened.

Penalty for unlawfully disclosing contents of postal article

Section 56

Any person who reveals, discloses or in any way makes known the contents of any postal article opened under the authority of this Act, unless so far as may be necessary for the purpose of returning the postal article or as may be authorized by the Commission in writing, commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both.

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POSTCODE AND ADDRESSING SYSTEM AND POSTAL

IDENTIFIERS

Postcode and addressing system

Section 57

(2)

The Commission may delegate any or all of its functions under subsection (1) to the Designated Postal Operator or any person determined by the Commission who shall carry out his obligation in the manner specified by the Commission.

Assignment of postal identifiers

Section 58

(2)

The licensee shall affix, impress or print its postal identifier on each postal article as soon as practicable after having collected the postal article, except if the postal article already bears the postal identifier.

(3)

The Commission shall maintain a register of licensees and the postal identifier in accordance with subsection 99(1).

POWERS AND PROCEDURES OF THE MALAYSIAN

COMMUNICATIONS AND MULTIMEDIA COMMISSION

Directions

Directions by the Commission

Section 59

(2)

The direction shall expire on such date as the Commission may specify in the written notice or if no date is specified, the direction shall be in force until it is revoked.

(3)

A licensee who fails to comply with a direction of the Commission under this section commits an offence and shall, on conviction, be liable to a fine not exceeding three hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.

(4)

The Commission shall maintain a register of all directions issued by the Commission, including any variation or revocation of a direction in accordance with subsection 99(1).

Inquiry

Inquiry by the Commission

Section 60

The Commission may hold an inquiry on any matter of a general nature which relates to the administration of this Act if it is satisfied that the matter is of public interest.

Section 61

Conduct of an inquiry

The Commission may conduct an inquiry either in public or in private, as and when the Commission deems fit and in accordance with the procedures as specified in the regulations.

Investigation

Investigation by the Commission

Section 62

Notwithstanding the provisions of any other written law, the

Commission shall investigate any matter pertaining to the administration of this Act if—

(a)

the Minister directs the Commission to conduct an investigation into any civil or criminal offence under this

Act which may have been or may be committed; or

(b)

the Commission has reason to believe that a civil or criminal offence under this Act was, is or will be committed.

Publication of reports

Section 63

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The Minister may direct the Commission to publish a report of an investigation if the Minister is satisfied that the publication would be in the national interest.

OFFENCES AND PENALTIES

Unlawful acts on postal article

Section 64

A person who maliciously—

(a)

disposes of or destroys;

(b)

opens;

(c)

keeps, detains or hides;

(d)

delays, abandons or misdirects;

(e)

tampers with; or

(f)

obstructs, any postal article in the course of its transmission, commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

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Fictitious and counterfeit postage stamp

Section 65

Any person who—

(a)

knowingly produces, uses, imports, sells or supplies any fictitious or counterfeit postage stamp or knowingly uses for postal purposes any fictitious or counterfeit postage stamp;

(b)

has control or custody or possess without lawful excuse, any fictitious or counterfeit postage stamp; or

(c)

produces, or let for hire, or without lawful excuse has in possession, any equipment, software or materials for making any fictitious or counterfeit postage stamp, commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.

Installation of access points without authorization

Section 66

(2)

Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six months or to both.

Damage to postal network facilities

Section 67

(2)

Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding three hundred

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thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Affixing without authority or disfiguring a postal network facility

Section 68

(2)

Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.

Evasion of postage

Section 69

(a)

use any previously used postage stamp; or

(b)

affix on any postal article anything suggesting—

(i)

that the postal article is entitled to be transmitted by post free of postage or at a lower rate of postage than that otherwise applicable to the postal article; or

(ii)

that the postage or any part of the postage has been paid or ought to be paid by or charged to any other person, for the purpose of evading postage.

(2)

Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six months or to both.

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Tampering with official mark on a postal article

Section 70

(a)

put any wrong official mark on a postal article; or

(b)

alter, remove or cause to disappear any official mark on a postal article.

(2)

Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six months or to both.

INFORMATION GATHERING POWERS AND ENFORCEMENT

PROVISIONS

Information gathering powers

Provision of information

Section 71

(a)

has any information or any document in his custody that is relevant to the performance of the Commission’s powers and functions under this Act; or

(b)

is capable of giving any evidence which the Commission has reasonable grounds to believe is relevant to the performance of the Commission’s powers and functions under this Act.

(2)

Notwithstanding the provisions of any other written law, the

Commission, by written notice, may direct a person—

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(a)

to provide to the Commission, within the period and in the manner and form specified in the notice, any such information referred to in subsection (1);

(b)

to produce to the Commission, within the period and in the manner and form specified in the notice, any such document referred to in subsection (1), whether in a physical form or in electronic media;

(c)

to make copies of, or extracts from, any such documents referred to in subsection (1) and to produce copies or extracts of such document, as the case may be, to the

Commission within the period and in the manner specified in the notice;

(d)

if the person is an individual, to appear before the

Commission at a time and place specified in the notice to give any information, either orally or in writing, and produce any document referred to in subsection (1), whether in physical form or in electronic media;

(e)

if the person is a body corporate, to cause a relevant and competent officer of the body corporate to appear before the

Commission at a time and place specified in the notice to give any information, either orally or in writing, and produce any document referred to in subsection (1), whether in physical form or in electronic media;

(f)

if the person is a partnership, to cause an individual who is a partner in the partnership or an employee of the partnership to appear before the Commission at a time and place specified in the notice to give any such information, either orally or in writing, and produce any document referred to in subsection (1), whether in physical form or in electronic media; or

(g)

to make a statement to the Commission providing an explanation of any information or document referred to in

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subsection (1) within the period and in the manner and form specified in the notice.

(3)

Where the Commission directs any person to produce any document under subsection (2) and the person is not in custody of the document, that person shall—

(a)

state, to the best of his knowledge and belief, where the document may be found; and

(b)

identify, to the best of his knowledge and belief, the last person who has custody of the document and where that last-mentioned person may be found.

(4)

Any person directed to provide information or document under subsection (2) or (3) shall ensure that the information or document provided is true, accurate and complete and such person shall provide an express representation to that effect, including a representation that he is not aware of any other information or document which would make the information provided untrue or misleading.

(5)

Any person who refuses or fails to comply with the direction of the Commission under this section commits an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding six months or to both.

Commission may retain documents

Section 72

(2)

The person who provided the document is entitled to be supplied, as soon as practicable, with a copy certified by the Commission to be a true copy of the document.

(3)

Notwithstanding any other written law, the certified copy of the document shall be admissible as evidence as if it was the original document.

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(4)

Until a certified copy of the document is supplied, the commission shall, at such times and places as the Commission deems appropriate, permit the person who provided the document or a person authorized by the person to inspect and make copies of or take extracts from the original document.

(5)

If the commission is satisfied that the retaining of the document is no longer necessary, the Commission may return the document to the person who provided the document as soon as practicable.

Access to records

Section 73

(2)

A person who fails to comply with the written notice under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit.

Incorrect records

Section 74

(2)

A person who contravenes this section commits an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding six months or to both.

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Record of information

Section 75

(2)

A record maintained under subsection (1) may be made available to the public.

Publication of information

Section 76

(2)

The Commission shall consider the commercial interests of the parties to whom the information relates before publishing such information.

(3)

The Commission shall not publish any information or any part of any information disclosed to it if the publication—

(a)

is likely to prejudice the fair trial of a person; or

(b)

would involve the unreasonable disclosure of personal information about any individual, including a deceased person, but the Commission may publish an extract relating to such information provided that the particulars in the extract shall not be arranged in any way which would compromise or prejudice the person providing such information.

Enforcement powers of authorized officer

Authorized officer

Section 77

(2)

Any such officer shall be deemed to be a public servant within the meaning of the Penal code [Act 574].

(3)

In exercising any of the powers of enforcement under this Act, an authorized officer shall on demand produce to the person against whom he is acting the authority issued to him by the Minister.

Power of investigation

Section 78

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(2)

An authorized officer may investigate the activities of a licensee or other person material to his compliance with this Act.

(3)

In any case relating to the commission of an offence under this

Act, an authorized officer carrying out an investigation may exercise all or any of the powers in relation to police investigation in seizable cases given by the Criminal Procedure Code [Act 593].

Search and seizure with warrant

Section 79

(2)

Without affecting the generality of subsection (1), the warrant issued by the Magistrate may authorize the search and seizure of—

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(a)

any book, record, account, or other document, including computerized data which contains or is reasonably suspected to contain information as to any offence so suspected to have been committed or is otherwise necessary to conduct an investigation into an offence;

(b)

any signboard, card, letter, pamphlet, leaflet or notice representing or implying that the person has a licence issued under this Act; or

(c)

any document, equipment, instrument or article that is reasonably believed to furnish evidence of the commission of the offence.

(3)

An authorized officer conducting a search under subsection (1)

may, for the purpose of investigating into the offence, search any person who is in or on the premises.

(4)

An authorized officer may detain any person found on any premises searched under subsection (3) until the search is completed.

(5)

An authorized officer making a search of a person under subsection (3) may seize or take possession of, and place in safe custody all things, other than the necessary clothing found upon the person, and any other things which there is reason to believe were the instruments or other evidence of the offence, and they may be detained until the discharge or acquittal of the person.

(6)

No person shall be searched except by another person of the same gender, and such search shall be conducted with strict regard to decency.

(7)

If, by reason of its nature, size or amount, it is not practicable to remove any book, record, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or matter seized under this section, the authorized officer shall by any means seal such book, record, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or matter in the premises or container in which it is found.

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(8)

A person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (7) or removes any book, record, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or matter under seal or attempts to do so commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six months or to both.

Warrant admissible notwithstanding defects

Section 80

A search warrant issued under this Act shall be valid and enforceable notwithstanding any defect, mistake or omission in the warrant or in the application for such warrant and any book, record, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or matter seized under such warrant shall be admissible in evidence in any proceedings under this Act.

Section 81

Access to computerized data

(2)

A person who fails to comply with this section commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.

List of books, records, accounts, documents etc., seized

Section 82

(a)

shall prepare—

(i)

a list of the books, records, accounts, documents, computerized data, signboards, cards, letters, pamphlets, leaflets, notices, equipment, instruments or matters seized and shall sign the list; and

(ii)

a written notice of the seizure containing the grounds for the seizure and shall sign the notice; and

(b)

shall as soon as practicable serve a copy of the list made under subparagraph (a)(i) and the written notice of the seizure to the occupier of the premises which have been searched, or to his agent or servant at those premises.

(2)

The written notice of the seizure shall not be required to be served under paragraph (1)(b) where the seizure is made in the presence of the person against whom proceedings under this Act are intended to be taken, or in the presence of the owner of such property or his agent, as the case may be.

(3)

If the premises are unoccupied, the authorized officer shall post a copy of the list of the books, records, accounts, documents, computerized data, signboards, cards, letters, pamphlets, leaflets, notices, equipment, instruments or matters seized conspicuously on the premises.

Forfeiture

Section 83

(2)

An order for the forfeiture of the book, record, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or matter seized and liable to forfeiture under this Act shall be made by the court before which the prosecution with regard to it has been held if it is proved to the satisfaction of the court that an offence under this Act or any breach of the conditions subject to which a licence has been granted, has been committed and that the book, record, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or matter seized was the subject matter of or were used in the commission of the offence, notwithstanding that no person has been convicted of such offence.

(3)

If there is no prosecution with regard to any book, record, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or matter seized under this Act, such book, record, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or matter shall be taken or deemed to be forfeited at the expiration of a period of one calendar month from the date of service of notice to the last-known address of the person from whom the book, record, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or matter was seized indicating that there is no prosecution in respect of such book, record, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or matter, unless before the expiration of that period a claim to it is made before that date in the manner provided in this section.

(4)

A person asserting that he is the owner of the book, record, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or matter referred to in subsection (3) and that it is not liable to forfeiture may, personally or by his agent authorized in writing, give written notice to the

Commission or any authorized officer in whose possession book, record, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or matter is held that he claims the book, record, account, document, computerized data,

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signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or matter.

(5)

On receipt of the notice under subsection (4), the Commission or any authorized officer shall refer the matter to a First class Magistrate for his decision.

(6)

A First class Magistrate to whom the matter is referred under subsection (5) shall issue a summons requiring the person asserting that he is the owner of the book, record, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or matter and the person from whom it was seized to appear before a First class Magistrate and upon their appearance or default to appear, due service of the summons having been proved, a First class Magistrate shall proceed to the examination of the matter and, on proof that an offence under this Act has been committed and that the book, record, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or matter seized was the subject matter or was used in the commission of such offence, the First class Magistrate shall order the book, record, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or matter to be forfeited, and shall, in the absence of such proof, order its release.

(7)

Any book, record, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or matter forfeited or deemed to be forfeited shall be delivered to the

Commission or an authorized officer and shall be disposed of in the manner as the Commission thinks fit.

Release of books, records, accounts, documents, etc., seized

Section 84

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(2)

A record in writing shall be made by the authorized officer effecting the release of the book, record, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or matter under subsection (1) specifying in detail the circumstances of and the reason for the release, and he shall send a copy of the record to the Public Prosecutor within seven days of the release.

Additional powers

Section 85

An authorized officer shall, for the purpose of the execution of this

Act, have power to do all or any of the following:

(a)

to require the production of any book, record, account, document or computerized data kept by a licensee or other person and to inspect, examine and to download from them, make copies of them or take extracts from them;

(b)

to require the production of any identification document from any person in relation to any case or offence under this

Act; and

(c)

to make such inquiry as may be necessary to ascertain whether the provisions of this Act have been complied with.

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Power to require attendance of person acquainted with case

Section 86

(2)

If any person refuses or fails to attend as so required, the authorized officer may report such refusal or failure to a Magistrate who shall issue a summon to secure the attendance of such person as may be required by the order made under subsection (1).

Examination of person acquainted with case

Section 87

(2)

Such person shall be legally bound to answer all questions relating to the case put to him by the authorized officer provided that the person may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty or forfeiture.

(3)

A person making a statement under this section shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to questions.

(4)

The authorized officer examining a person under subsection (1)

shall first inform that person of the provisions of subsections (2)

and (3).

(5)

A statement made by any person under this section shall, whenever possible, be taken down in writing and signed by the person making it or affixed with his thumb print, as the case may be, after it

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has been read to him in the language in which he made it and after he has been given an opportunity to make any corrections he may wish.

Admissibility of statements in evidence

Section 88

(2)

When any witness is called for the prosecution or for the defence, other than the accused, the court shall, on the request of the accused or the prosecutor, refer to any statement made by that witness to the authorized officer in the course of the investigation under this Act and may then, if the court thinks fit in the interest of justice, direct the accused to be furnished with a copy of it and the statement may be used to impeach the credit of the witness in the manner provided by the

Evidence Act 1950 [Act 56].

(3)

Where the accused had made a statement during the course of an investigation, such statement may be admitted in evidence in support of his defence during the course of the trial.

(4)

Nothing in this section shall be deemed to apply to any statement made in the course of an identification parade or falling within section 27 or paragraphs 32(1)(a), (i) and (j) of the Evidence Act 1950.

(5)

When any person is charged with any offence in relation to—

(a)

the making; or

(b)

the contents, of any statement made by him to an authorized officer in the course of an investigation made under this Act, that statement may be used as evidence in the prosecution’s case.

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Authorized officer to complete investigation and hand over to police

Section 89

Upon completion of his investigation into an offence under this

Act, the authorized officer shall immediately give all information relating to the commission of the offence to an officer in charge of a police station and a police officer may, by warrant, arrest a person who may have committed an offence under this Act.

Section 90

No cost or damages arising from seizure to be recoverable

No person shall, in any proceedings before any court in respect of any book, record, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or matter seized in the exercise of any power conferred under this Act, be entitled to the costs of such proceedings or to any damages or other relief unless such seizure was made without reasonable cause.

Section 91

Institution of prosecution

No prosecution for or in relation to any offence under this Act shall be instituted without the written consent of the Public Prosecutor.

Section 92

Jurisdiction to try offences

Notwithstanding any written law to the contrary, a court of a First class Magistrate shall have jurisdiction to try any offence under this

Act and may impose the full penalty for such offence.

Section 93

Offence for giving false and misleading information

Commission or authorized officers which he knows or has reason to believe is false or misleading commits an offence and shall, on

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conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six months or to both.

Miscellaneous

Obstruction

Section 94

Any person who—

(a)

refuses any authorized officer access to any premises which such authorized officer is entitled to have under this Act or in the execution of any duty imposed or power conferred by this Act;

(b)

assaults, obstructs, hinders or delays any authorized officer in effecting any entry which the authorized officer is entitled to effect under this Act, or in the execution of any duty imposed or power conferred by this Act;

(c)

refuses to give any authorized officer any information relating to an offence or suspected offence under this Act or any other information which he has in his knowledge or power to give;

(d)

rescues or endeavours to rescue or causes to be rescued anything which has been duly seized; or

(e)

destroys anything to prevent the seizure or the securing of the things, commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six months or to both.

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Compounding of offences

Section 95

(2)

The Commission may, with the consent in writing of the Public

Prosecutor, compound any offence by any person under this Act and prescribed to be a compoundable offence by making a written offer to the person suspected to have committed the offence to compound the offence upon payment to the Commission of an amount of money not exceeding fifty per centum of the maximum fine for that offence within such time as may be specified in the written offer.

(3)

An offer under subsection (2) may be made at any time after the offence has been committed but before any prosecution for it has been instituted, and if the amount specified in the offer is not paid within the time specified in the offer or such extended time as the Commission may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.

(4)

Where an offence has been compounded under subsection (2), no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made, and any book, record, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or matter seized in connection with the offence may be released by the Commission, subject to such terms and conditions as the Commission thinks fit to impose in accordance with the conditions of the compound.

(5)

All sums of money received by the Commission under this section shall be paid into the Federal consolidated Fund.

Offences by body corporate

Section 96

(a)

may be charged severally or jointly in the same proceedings with the body corporate; and

(b)

if the body corporate is found to have committed the offence, shall be deemed to have committed that offence unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves—

(i)

that the offence was committed without his knowledge, consent or connivance; and

(ii)

that he had taken all reasonable precautions and exercised due diligence to prevent the commission of the offence.

(2)

If any person would be liable under this Act to any punishment or penalty for his act, omission, neglect or default, he shall be liable to the same punishment or penalty for every such act, omission, neglect or default of any employee or agent of his, or of the employee of the agent, if the act, omission, neglect or default was committed—

(a)

by that person’s employee in the course of his employment;

(b)

by the agent when acting on behalf of that person; or

(c)

by the employee of the agent in the course of his employment by the agent or otherwise on behalf of the agent acting on behalf of that person.

Abetment and attempt punishable as offences

Section 97

(2)

A person who does any preparatory to or in furtherance of the commission of any offence under this Act shall be guilty of that offence and shall, on conviction, be liable to the punishment provided for that offence:

Provided that any term of imprisonment imposed shall not exceed one-half of the maximum term provided for that offence.

GENERAL

Postal Service Fund

Section 98

(2)

All licensees shall contribute to the PS Fund in the manner as prescribed by the Minister.

(3)

The PS Fund shall consist of—

(a)

such sum of money as may be provided by the Parliament;

and

(b)

all monies contributed by licensees or by any other person.

(4)

The PS Fund shall be expended for the following purposes:

(a)

to facilitate universal service throughout Malaysia in accordance with this Act;

(b)

to facilitate the expansion and improvement of the postal network;

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(c)

to improve and respond to the need of consumers through the use of technology; and

(d)

such other purpose related to postal services as may be determined by the Minister.

(5)

It shall be the duty of the Commission to conserve the PS Fund by so performing its functions and exercising its powers under this Act as to secure that the total Ps Fund is sufficient to meet all expenditures under subsection (4).

(6)

The Minister, on the recommendation of the Commission, shall make regulations regarding contributions to the PS Fund and any other matters related to or incidental to the establishment and operation of the PS Fund.

Register

Section 99

(a)

any licence granted by the Minister;

(b)

any standard conditions specified in the licence;

(c)

any additional conditions specified in the licence;

(d)

any variation or revocation of conditions specified in the licence;

(e)

any suspension or revocation of licence;

(f)

any surrender of licence; and

(g)

any written approval from the Minister to the transfer of a licence.

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(2)

A person may, on payment of a prescribed fee—

(a)

inspect the register; and

(b)

make a copy of, or take extracts from, the register.

(3)

If a person requests that a copy be provided in electronic form, the Commission may provide the relevant information—

(a)

on a data processing device; or

(b)

by way of electronic transmission.

Power of Minister to make regulations

Section 100

The Minister may, on the recommendation of the Commission, make regulations for all or any of the following purposes:

(a)

to prescribe all matters relating to the issuance of universal service licences and non-universal service licences under this Act;

(b)

to prescribe the procedures for the Commission to exercise its powers and functions under this Act;

(c)

to prescribe the form of notifications, notices and orders to be made under this Act;

(d)

to define the scope and exceptions of the universal service;

(e)

to designate a universal service licensee as a Designated

Postal Operator;

(f)

to prescribe the funding of the universal service;

(g)

to prescribe the rates to be charged with respect to products and services that are within the universal service;

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(h)

to prescribe fees and charges under this Act, which includes to exempt payment of any fees and charges on such terms and conditions as the Minister deems fit;

(i)

to prescribe on philatelic matters and the issuance of postage stamps;

(j)

to prescribe all matters on postal financial services;

(k)

to prescribe all matters relating to consumer protection;

(l)

to provide the offences which may be compounded and the forms to be used;

(m)

to prescribe the implementation of and other matters relating to the postcode and addressing system;

(n)

to prescribe any other matter for which this Act makes express provision to be prescribed; and

(o)

to prescribe all other matters as are necessary or expedient to be prescribed for giving effect to this Act.

Power of the Commission to make rules

Section 101

The Commission may make rules for all or any of the following purposes:

(a)

addressing standards to be used in preparation of postal articles for delivery;

(b)

postal services performance standards;

(c)

post office’s customer service performance standards;

(d)

postal services security;

(e)

technical standards for the provision of postal services;

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(f)

letter boxes and other facilities and standards used for postal services;

(g)

downstream access and postal identifiers;

(h)

general terms and conditions of licensees;

(i)

limitation of liability of licensees;

(j)

complaints handling procedure;

(k)

compensation scheme for service performance failure;

(l)

prohibited postal articles;

(m)

provision of incidental services of receiving, collecting, sorting, sending and delivery of postal articles;

(n)

undeliverable and redirected postal articles;

(o)

provision on disposal of opened postal articles;

(p)

the manner of record-keeping; and

(q)

such other matters for which this Act makes express provision for the Commission to make rules.

Penalties for subsidiary legislation

Section 102

Any subsidiary legislation made under this Act may provide for any act or omission in contravention of its provisions to be an offence and may provide for penalties of a fine not exceeding three hundred thousand ringgit or a term of imprisonment not exceeding three years or to both.

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Section 103

Public Authorities Protection Act 1948

The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Commission, the Chairman, any member, officer, servant or agent of the

Commission and any authorized officer in respect of any act, neglect or default done or omitted by him in good faith or any omission omitted by him in good faith, in such capacity.

Section 104

Protection of officers and other persons

No action or prosecution shall be brought, instituted or maintained in any court against—

(a)

the Commission, any member of the Commission, any employee or agent of the Commission in respect of any act ordered to be done for the purpose of carrying into effect this

Act; and

(b)

any other person in respect of any act done or purported to be done by him under the order, direction or instruction of the Commission or an authorized officer if the act was done in good faith and in a reasonable belief that it was necessary for the purpose intended to be served by it.

NATIONAL INTEREST MATTERS

General duty of licensees

Section 105

(2)

A licensee shall, upon written request by the Commission or any other authority, assist the Commission or other authority as far as reasonably necessary in preventing the commission or attempted commission of an offence under any written law of Malaysia or otherwise in enforcing the laws of Malaysia, including, but not limited to, the protection of the public revenue and preservation of national security.

Person not liable for act done in good faith

Section 106

A licensee or any of his employees shall not be liable in criminal proceedings of any nature for any damage (including punitive damages), loss, cost or expenditure suffered or to be suffered (whether directly or indirectly) for any act or omission done in good faith in the performance of the duty imposed under section 105.

Section 107

Interworking with other authorities

(2)

The Commission may make rules, to be published in the Gazette, or determine arrangements for interworking with, or membership of, international organizations regarding the interworking arrangements between the universal service licensee and international organizations.

Special powers in emergency

Section 108

(a)

suspend the licence of any licensee, take temporary control of any postal network facilities or postal service network

Postal Services 75

owned or provided by a licensee in any manner as he thinks fit;

(b)

withdraw either totally or partially the use of any postal network facilities or postal service network from any licensee, person or from the public at large;

(c)

order that any service being provided by a licensee to a person, class of persons or the general public, be suspended until further written notice is given by the Yang di-Pertuan

Agong that the suspension be lifted; or

(d)

order that any postal article to or from any person shall not be conveyed or shall be intercepted or detained and delivered to any officer mentioned in the order to be opened, examined or dealt with in such manner as the Yang di-Pertuan Agong may direct.

(2)

The Yang di-Pertuan Agong may also authorize any other officer employed by the Government to carry out the powers conferred under subsection (1).

(3)

The licensee shall give all necessary assistance whenever required to do so by the Commission or an authorized officer carrying out any of the powers conferred under this section.

Disaster plan

Section 109

The Commission may direct any licensee to develop, in consultation with the authorities specified by the Commission, a disaster plan for the survivability and recovery of any postal network facilities or postal services network in case of a disaster, crisis or civil emergency.

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Section 110

(2)

Any subsidiary legislation made under the repealed Act shall, in so far as it is not inconsistent with this Act, remain in operation until revoked or replaced by subsidiary legislation made under this Act, and shall be deemed for all purposes to have been made under this Act.

(3)

Any registration, act, order, direction, approval or decision done, made or given before the appointed date shall be deemed to have been done, made or given under this Act and shall continue in full force and effect in relation to whom they apply until amended or revoked under this Act or new rules, regulations or other subsidiary legislation are made under this Act or until the date of its expiry.

(4)

Nothing in the repealed Act or this Act shall affect any person’s liability to be prosecuted or punished for offences or breaches committed under the repealed Act before the appointed date, or any proceedings brought, sentence imposed or action taken before that day in respect of such offence or breach.

Licences issued under the repealed act for a period of three years or less

Section 111

(2)

A licence that was issued under the repealed Act for a period of three years or less and has a remaining period of less than one year at the appointed date, shall be deemed to have been extended for one year from the expiration date of the licence.

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(3)

A holder of a licence issued under the repealed Act may apply for a licence under this Act in substitution for the licence issued under the repealed Act before the expiration date of the licence.

Licences issued under the repealed act for a period of more than three years

Section 112

(2)

A holder of a licence issued under the repealed Act for a period of more than three years shall apply, not later than two years after the appointed date, for a licence to be granted to him under this Act in substitution for the licence issued under the repealed Act.

(3)

The licence issued under the repealed Act for a period of more than three years shall lapse if the holder does not apply for a licence under this Act within two years after the appointed date as stipulated under subsection (2).

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78

FIRST SCHEDULE

[Section 12]

Section 1

Trade announcements, circulars, printed extracts from newspapers, or advertisements, without any name, address or other particulars of the recipient.

Section 2

Postal articles delivered by an employee of the sender.

Section 3

Postal articles delivered by a messenger on request by the sender specifically for that purpose, not being a person employed or engaged in the course of his business or employment in delivering or procuring the delivery of postal articles.

Section 4

Postal articles exceeding two kilograms in weight per postal article.

Section 5

Postal articles sent with the goods and delivered together with the goods.

Section 6

Postal articles carried to or from a post office.

Section 7

Postal articles carried in accordance with an agreement entered into by the licensee.

Section 8

Transfers between document exchanges.

Section 9

Electronic postal services.

Section 10

Postal articles carried and delivered by a private friend without hire, reward or other profit.

Section 11

Postal articles carried and delivered personally by the sender.

Postal Services 79

SECOND SCHEDULE

[Section 24]

Section 1

“Post Office”

Section 2

“Pejabat Pos”

Section 3

“Postal Agent”

Section 4

“Wakil Pos”

Section 5

“Mini Post”

Section 6

“Pos Mini”

Section 7

“Stamp Agent”

Section 8

“Wakil Jualan Setem”

Section 9

“Posting box”

Section 10

“Peti Surat Pos”

Section 11

“P.O. Box”

Section 12

“Peti Surat Pejabat Pos”

80

Act 741

LIST OF AMENDMENTS

Amending law

Short title

In force from

-

NIL -

81

Act 741

LIST OF SECTIONS AMENDED

Section

Amending authority

In force from

- NIL -

*POSTAL SERVICES ACT 2012

About this act

PART 1

(2)

(a)

(b)

(a)

(b)

(a)

(b)

(c)

(d)

(a)

(b)

(c)

PART II

FUNCTIONS OF THE COMMISSION

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(i)

(ii)

(iii)

(j)

(k)

(l)

(m)

(2)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(2)

(2)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(3)

PART III

(2)

(3)

(4)

(5)

(6)

(2)

PART IV

(a)

(b)

(2)

(3)

(4)

(5)

(2)

(a)

(b)

(2)

(3)

(4)

(a)

(b)

(2)

(2)

(a)

(b)

(3)

(4)