Singapore legislation

Section 9

of Postal Services Act 1999

Section 9

Suspension or cancellation of licence, etc.

Amended by34/200734/200734/200734/2007

(1)

If the Postal Authority is satisfied that a person who is granted a licence under section 6 or any regulations made under this Act is contravening, or has contravened, whether by act or omission —

(a)

any of the conditions of the licence;

(b)

any provision of any code of practice or standard of performance;

(c)

any direction of the Postal Authority given under section 25, 26D or 26F(2); or

(d)

section 26B,the Authority may, by written notice, do either or both of the following:

(e)

issue such written order to the person as it considers requisite for the purpose of securing compliance thereof;

(f)

require the payment, within a specified period, of a financial penalty of such amount not exceeding $1 million as it thinks fit.

Amended by34/2007

(2)

Where the Postal Authority is satisfied that —

(a)

the person who is granted a postal licence is again likely to contravene, whether by act or omission, any condition, provision, direction or section mentioned in subsection (1);

(b)

the person who is granted a postal licence has gone into liquidation other than for the purpose of amalgamation or reconstruction;

(c)

the person who is granted a postal licence is no longer in a position to comply with the provisions of this Act or the terms or conditions of the person’s licence; or

(d)

the public interest so requires,the Postal Authority may, in lieu of an order or a financial penalty under subsection (1)(e) or (f) or both, by written notice and without any compensation, do all or any of the following:

(e)

cancel the licence or part thereof;

(f)

suspend the licence or part thereof for such period as it thinks fit;

(g)

reduce the period for which the licence is to be in force.

Amended by34/2007

(3)

An order under subsection (1)(e) —

(a)

must require the person concerned (according to the circumstances of the case) to do, or not to do, any things that are specified in the order or are of a description so specified therein;

(b)

takes effect at such time, being the earliest practicable time, as is determined by or under that order; and

(c)

may be revoked at any time by the Postal Authority.

Amended by34/2007

(4)

A person who fails to comply with any order under subsection (1)(e) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 3 years or to both.

Amended by34/2007

(5)

In any proceedings brought against a person for an offence under subsection (4), it is a defence for the person to prove that the person took all reasonable steps and exercised all due diligence to avoid contravening the order.

(6)

A financial penalty payable by a person by virtue of subsection (1) is recoverable by the Postal Authority as a debt due to the Postal Authority from that person; and the person’s liability to pay is not affected by the person’s licence ceasing (for any reason) to be in force.