Postal Services (Amendment) Bill

This Act is the Postal Services (Amendment) Act 2021 and comes into operation on a date that the Minister appoints by notification in the Gazette.

Section 2 of the Postal Services Act (called in this Act the principal Act) is amended —

by deleting the definitions of “code of practice” and “standard of performance” in subsection (1) and substituting the following definitions:“ “code of practice” means a code of practice issued or approved under section 23M or 24;“common property” and “limited common property” have the meanings given by section 2(1) of the Building Maintenance and Strata Management Act;”;

by inserting, immediately after the definition of “correspondent” in subsection (1), the following definition:“ “delivery service provider”, in relation to an article or a thing mentioned in paragraph (a) of the definition of “parcel”, means a person that —

conveys any such article or thing from any place to a public parcel locker or vice versa; and

performs all incidental services of collecting, sorting, sending, despatching and placing in or collecting from a public parcel locker any such article or thing;”;

by deleting the definition of “equipment” in subsection (1) and substituting the following definitions:“ “equipment” —

in relation to a public parcel locker — includes any appliance, apparatus or accessory used or intended to be used with the public parcel locker; or

in any other case — includes any appliance, apparatus or accessory used or intended to be used for postal purposes;“Housing and Development Board” means the Housing and Development Board established by section 3 of the Housing and Development Act;”;

by deleting the definition of “parcel” in subsection (1) and substituting the following definitions:“ “parcel” means —

an article or a thing that is placed in a parcel locker for collection by an intended recipient, a person authorised by the intended recipient or a delivery service provider, as the case may be; or

a postal article which is posted at a post office in Singapore as a parcel in accordance with the provisions of this Act or is received at a post office in Singapore by parcel post;“parcel locker” means a box or receptacle that is provided or used for the receipt of parcels addressed to any person, but does not include a letter box or a posting box;”;

by inserting, immediately after the definition of “posting box” in subsection (1), the following definitions:“ “public parcel locker” means a parcel locker mentioned in section 23B(a);“public parcel locker network” has the meaning given by section 23B;“public parcel locker network operator” means a person appointed by the Postal Authority under section 23C(1);”;

by inserting, immediately after the definition of “public postal licensee’s installation or plant” in subsection (1), the following definitions:“ “related installation”, in relation to a public parcel locker, includes any structure, equipment or cable used or intended for use with the public parcel locker;“related software”, in relation to a public parcel locker or a public parcel locker network, means any software used or intended to be used to operate the public parcel locker or public parcel locker network;”;

by inserting, immediately after the definition of “sender” in subsection (1), the following definition:“ “standard of performance” means a standard of performance issued or approved under section 24;”;

by inserting, immediately after the definition of “TAS” in subsection (1), the following definition:“ “Town Council” means a Town Council established by section 4 of the Town Councils Act;”; and

by inserting, immediately after the words “physical medium” in subsection (2), the words “(not exceeding 500 grams in weight)”.

Section 3A of the principal Act is amended —

by inserting, immediately after subsection (2), the following subsections:“(2A) Additionally, it is the function and duty of the Postal Authority —

to promote the efficiency and ensure the security and reliability of the public parcel locker network;

to ensure that public parcel lockers are reasonably accessible to all people in Singapore, and are supplied as efficiently and economically as practicable and at performance standards that reasonably meet the social, industrial and commercial needs of Singapore;

to exercise regulatory functions in respect of the public parcel locker network in Singapore; and

to exercise regulatory functions in respect of the determination and approval of prices, tariffs and charges in relation to, and the provision of, public parcel lockers.

In discharging the functions and duties imposed on the Postal Authority by subsection (2A), the Postal Authority is to have regard to the following matters:

efficiency and economy;

the social, industrial and commercial needs of Singapore for public parcel lockers;

the provision of public parcel lockers at rates consistent with efficient service.”; and

by deleting the word “and” at the end of paragraph (b) of subsection (4), and by inserting immediately thereafter the following paragraph:“(ba)precluding the Postal Authority from interrupting, suspending or restricting the installation or operation of any public parcel locker provided by the Postal Authority or a public parcel locker network operator; and”.

Section 5 of the principal Act is amended —

by deleting the word “and” at the end of subsection (1)(c);

by deleting sub‑paragraph (i) of subsection (1)(d);

by deleting the full‑stop at the end of paragraph (d) of subsection (1) and substituting the word “; and”, and by inserting immediately thereafter the following paragraph:“(e)the conveyance of any letter by —

intra‑organisational mailroom service; or

messenger service.”; and

by inserting, immediately after subsection (2), the following subsection:“(3) In subsection (1)(e) —“intra‑organisational mailroom service” means a service comprising both of the following:

the conveyance, between 2 or more premises occupied by an organisation, of any letter addressed to the organisation or an officer or employee of the organisation;

the receiving, collecting and sorting, and the sending, despatching and delivery to the organisation or an officer or employee of the organisation, of a letter mentioned in paragraph (a);“messenger service” means a service comprising both of the following:

the receiving, collecting and sorting of any letter originating from an organisation or an officer or employee of an organisation (whether the organisation occupies one or more premises) and that is intended for delivery to an addressee who is not another officer or employee of the organisation;

the sending and despatching of a letter mentioned in paragraph (a) to a postal licensee for delivery to the addressee.”.

The principal Act is amended by inserting, immediately after section 7, the following section:“Additional licence conditions for public postal licensees7A.—

The conditions of a licence granted under section 6 to a public postal licensee may include conditions requiring the public postal licensee to enter into agreements or arrangements with any applicable person or class of applicable persons under which the public postal licensee delivers applicable postal articles to letter boxes on the terms and conditions that the public postal licensee and the applicable person agree to or, in default of agreement, that the Postal Authority may determine.

In subsection (1) —“applicable person” includes another postal licensee;“applicable postal article” means a postal article (other than a letter) that is sent and despatched by an applicable person to a public postal licensee for delivery to a letter box.”.

Section 11 of the principal Act is amended —

by inserting, immediately after the words “postal licensees” in subsection (1), the words “, if the public postal licensee is authorised by its licence to do so”;

by inserting, immediately after the words “public postal licensee” in subsection (2), the words “mentioned in subsection (1)”; and

by deleting the section heading and substituting the following section heading:“Postal remittance of money”.

Section 12 of the principal Act is amended by inserting, immediately after the words “public postal licensee”, the words “mentioned in section 11(1)”.

Section 16 of the principal Act is amended —

by deleting the word “residential,” in subsection (3) and substituting the words “residential building or”;

by deleting paragraph (a) of subsection (3) and substituting the following paragraph:“(a)provide one letter box for each lot within any residential building or commercial or industrial building;”;

by inserting, immediately after subsection (4), the following subsections:“(4A) Where letter boxes are provided under subsection (3) for a residential building, or a commercial or industrial building, that is a subdivided building, the applicable person for the building must —

ensure that one letter box (whether provided under subsection (3) or under this subsection) continues to be provided for each lot within the building;

where any lot within the building is further subdivided into 2 or more lots, provide one letter box for each new lot;

ensure that the letter boxes —

are numbered, or continue to be numbered, in numerical sequence; and

are at all times kept in a state of good and serviceable repair;

repair or replace without unreasonable delay any letter box which is damaged or otherwise unusable; and

comply with all specifications issued, approved or amended by the Postal Authority under subsection (1).

The applicable person for a building mentioned in subsection (4A) may recover the costs reasonably incurred for providing a letter box for a new lot within the building under subsection (4A)(b) from the subsidiary proprietor of the new lot or the person who is registered under the Land Titles Act as the proprietor of the fee simple, estate in perpetuity or leasehold estate of the new lot if —

the building is premises comprised in a strata title plan under the Land Titles (Strata) Act; and

the letter box provided is not common property or limited common property of the building.

In the case of a residential building, or a commercial or industrial building, that is not a subdivided building, the person who is registered under the Land Titles Act as the proprietor of the fee simple, estate in perpetuity or leasehold estate of the building must —

ensure that the letter box provided for the building under subsection (3) is at all times kept in a state of good and serviceable repair;

where the letter box is damaged or otherwise unusable, repair or replace the letter box without unreasonable delay; and

comply with all specifications issued, approved or amended by the Postal Authority under subsection (1).

A person who contravenes subsection (4A) or (4C) shall be guilty of an offence.”;

by inserting, immediately before the definition of “commercial or industrial building” in subsection (9), the following definition:“ “applicable person”, for a residential building, or a commercial or industrial building, means —

in relation to a building that is premises comprised in a strata title plan under the Land Titles (Strata) Act —

where the letter boxes are common property of the building — the management corporation having control of that common property;

where the letter boxes are limited common property of the building — the subsidiary management corporation established by the Building Maintenance and Strata Management Act having control of that limited common property; or

where the letter boxes are not common property or limited common property of the building — the management corporation having control of the common property of the building;

in relation to a building in a housing estate of the Housing and Development Board (called an HDB housing estate) —

where the building’s common property is in an HDB housing estate that is controlled, managed and maintained by a Town Council — that Town Council; or

where the building’s common property is in an HDB housing estate that is not controlled, managed and maintained by a Town Council — the Housing and Development Board; or

in relation to a building that is a subdivided building other than a subdivided building mentioned in paragraph (a) or (b), every person who is registered under the Land Titles Act as the proprietor of the fee simple, estate in perpetuity or leasehold estate of a lot in that building;”; and

by deleting the definitions of “common property”, “limited common property” and “owner” in subsection (9) and substituting the following definitions:“ “lot” means any stratum that satisfies all of the following requirements:

the stratum —

is within a parcel of any land, building and common property comprised or to be comprised in a strata title plan and is shown as a lot on the strata title plan, including a lot specified as an accessory lot on any such plan; or

is within any land or building not comprised or not to be comprised in a strata title plan;

the stratum is used or intended to be used as a complete and separate unit for the purpose of habitation or business or for any other purpose;

a number has been allotted to the stratum by the Comptroller of Property Tax under section 51(1) of the Property Tax Act;“owner” and “stratum” have the meanings given by section 2(1) of the Building Maintenance and Strata Management Act;“subdivided building” has the meaning given by section 3(1) of the Land Titles (Strata) Act.”.

The principal Act is amended by inserting, immediately after section 16, the following section:“Administrative exemption from section 1617.—

The Postal Authority may, where the Postal Authority is satisfied that all of the matters in subsection (2) apply, exempt —

a particular developer of a particular residential building or a particular commercial or industrial building from the application of section 16(3)(a); or

a particular applicable person for a particular residential building or a particular commercial or industrial building from the application of section 16(4A)(a) or (b).

The matters mentioned in subsection (1) are the following:

that either of the following applies:

there is no suitable location in the particular residential building or the particular commercial or industrial building for letter boxes to be provided;

having regard to the use or intended use of the particular residential building or the particular commercial or industrial building, there is no need for letter boxes to be provided;

appropriate alternative arrangements have been or will be made by the particular developer or particular applicable person for the receipt of postal articles.

An exemption under this section —

must be in writing and given to the particular developer or particular applicable person, as the case may be; and

need not be published in the Gazette.

In this section, “applicable person” has the meaning given by section 16(9).”.

Section 19 of the principal Act is amended —

by deleting subsection (1) and substituting the following subsection:“(1) A person (other than the Postal Authority or a specified public postal licensee) must not provide or cause to be provided postage stamps that bear the word “Singapore” in any language.”;

by deleting the words “public postal licensee” wherever they appear in subsections (3), (4), (5) and (6) and substituting in each case the words “specified public postal licensee”; and

by inserting, immediately after subsection (8), the following subsection:“(9) In this section, “specified public postal licensee” means a public postal licensee that is authorised by the licence granted under section 6 to provide postage stamps that bear the word “Singapore” in any language.”.