Singapore legislation

Section 45

of Postal Services Act 1999

Section 45

Directions by Minister

Amended by34/200734/200734/200710/202134/200734/2007

(1)

The Minister may, after consultation with the Postal Authority or any postal licensee, give to the Postal Authority or that licensee any directions that the Minister thinks fit as to the exercise by the Postal Authority or that licensee of its functions under this Act.

Amended by34/2007

(2)

Without limiting subsection (1), if it appears to the Minister to be requisite or expedient to do so —

(a)

on the occurrence of any public emergency, in the public interest or in the interests of public security, national defence, or relations with the government of another country; or

(b)

in order —

(i)

to discharge or facilitate the discharge of an obligation binding on the Government by virtue of its being a member of an international organisation or a party to an international agreement;

(ii)

to attain or facilitate the attainment of any other object the attainment of which is in the opinion of the Minister requisite or expedient in view of the Government being a member of an international organisation or a party to an international agreement; or

(iii)

to enable the Government to become a member of an international organisation or a party to an international agreement,the Minister may, after consultation with the Postal Authority or any postal licensee, give any directions to the Postal Authority or that licensee that are necessary in the circumstances of the case.

Amended by34/2007

(3)

Any directions given under subsection (1) or (2) may include —

(a)

provisions for the interception or detention of any postal article in the course of transmission by post; and

(b)

provisions for the postal article to be delivered to any officer mentioned in the direction to be dealt with in any manner that the Minister may direct.

(4)

The Postal Authority and any postal licensee must give effect to any directions given to it under subsection (1) or (2) despite any other duty imposed on the Postal Authority or that licensee by or under this Act.

Amended by34/2007

(5)

A postal licensee that, on or after 14 May 2021, contravenes any direction given to the postal licensee under subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1 million and, in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part of a day during which the offence continues after conviction.

Amended by10/2021

(6)

The Postal Authority and any postal licensee must not disclose any directions given to that person under subsection (1) or (2) if the Minister notifies that person that the Minister is of the opinion that the disclosure of the directions is against the public interest.

Amended by34/2007

(7)

The Minister may make grants to postal licensees for defraying or contributing towards any losses which they may sustain by reason of their compliance with the directions of the Minister under any provision of this section.

Amended by34/2007

(8)

Any sums required by the Minister for making grants under subsection (6) must be paid out of the Consolidated Fund.

(9)

If any doubt arises as to the existence of a public emergency or as to whether any act done under this section was in the public interest or in the interests of public security, national defence or relations with the government of another country, a certificate signed by the Minister is conclusive evidence of the matters stated therein.