Clause 16

who —

damages or tampers with any public parcel locker, related installation or related software; or

removes or touches any public parcel locker or related installation; and

does so intending —

to prevent or obstruct the delivery or collection of any parcel;

to intercept, or to acquaint the person with the contents of, any parcel; or

to commit mischief,shall be guilty of an offence.Protection of public parcel lockers and related installations39C.—

A person must not, without the written approval of the Postal Authority —

do anything to interfere with or cause damage to any public parcel locker or related installation; or

affix any placard, advertisement, notice or other thing in or on, or paint, cover or in any way disfigure, any public parcel locker or related installation.(2) The Postal Authority may —

grant an approval under subsection (1) on any terms and conditions as the Postal Authority may determine; or

refuse to grant an approval under subsection (1).(3) A person who contravenes subsection (1) shall be guilty of an offence and shall, in addition to the forfeiture of any equipment seized, be liable on conviction to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.(4) Where the commission by any person (A) of an offence under subsection (1) is due to the act or default of some other person (B), B shall be guilty of the offence.(5) B may be charged with and convicted of the offence by virtue of subsection (4) whether or not proceedings are taken against A.(6) In any proceedings for an offence under subsection (1), it is a defence, subject to subsection (7), for the person charged to prove that the person took all reasonable steps and exercised all due diligence to avoid committing the offence.(7) Where the defence provided by subsection (6) involves an allegation that the commission of the offence was due to the act or default of another person (X), the person charged (Y) is not, without leave of the court, entitled to rely on that defence unless, within a period ending 7 clear days before the hearing, Y has served on the prosecutor a written notice giving any information identifying or assisting in the identification of X as was then in Y’s possession.Prohibition of false notice relating to public parcel lockers39D. A person who, without the permission of the public parcel locker network operator, places or maintains in any premises or place belonging to or under the control of that person any word, letter or mark which signifies or implies or may reasonably lead the public to believe that —

a public parcel locker or related installation is installed or located in or on those premises or at that place; or

any thing installed or located in or on those premises or at that place is part of the public parcel locker network,shall be guilty of an offence.Offence to remove, destroy or damage public parcel locker or related installation39E. A person who —

wilfully removes, destroys or damages any public parcel locker or related installation; or

wilfully destroys or damages any related software,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both.Compensation for removal, destruction or damage of public parcel locker or related installation39F.—

A person who removes, destroys or damages (whether wilfully, negligently, accidentally or otherwise) any public parcel locker, related installation or related software is, in addition to any penalty for which the person is liable for an offence under this Act, liable to pay compensation for the damage the person has done.(2) The compensation mentioned in subsection (1) is recoverable by civil action or suit before any court of competent jurisdiction.(3) Any court before which a person is charged with an offence under this Act may assess the compensation payable under this section and may make an order for the payment of that compensation.(4) An order under subsection (3) may be enforced as if it were a judgment in a civil action or suit.Unlawful operation of parcel lockers in or on specified premises39G.—

A person (other than the public parcel locker network operator) that provides or operates, or offers to provide or operate, a parcel locker in or on any specified premises shall be guilty of an offence.(2) In this section, “specified premises” has the meaning given by section 23A.Offences in relation to parcels placed in public parcel lockers, etc.39H.—

Subject to subsection (3), a specified person who —

destroys or throws away any parcel placed in a public parcel locker or any thing contained in that parcel;

commits theft in respect of, or dishonestly misappropriates or secretes, any parcel placed in a public parcel locker or any thing contained in that parcel; or

except in obedience to an order of the Minister or the direction of a court or the requirement by the Public Prosecutor under section 20 of the Criminal Procedure Code, wilfully opens or causes to be opened contrary to the specified person’s duty any public parcel locker or any parcel placed in a public parcel locker,shall be guilty of an offence.(2) A specified person who intentionally alters, defaces, obliterates or removes any identifying mark on a parcel placed in a public parcel locker shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.(3) Subsection (1) applies only to parcels which the specified person has access to in the course of the person’s employment as a specified person.(4) In this section —“identifying mark”, in relation to a parcel, means any mark on the parcel identifying the intended recipient of the parcel;“specified person” means any of the following persons:

an officer, employee or agent or a contractor of the public parcel locker network operator;

a delivery service provider or an officer, employee or agent or a contractor of a delivery service provider.Offence to retain or open parcel placed in public parcel locker39I.—

A person (not being the intended recipient) who, except in accordance with this Act or unless authorised by the Postal Authority, wilfully retains or secretes, makes away with, keeps, detains or wilfully opens or causes to be opened any parcel that had been collected from a public parcel locker shall be guilty of an offence.(2) Subsection (1) does not apply to an individual who does any act to which that subsection applies where —

the intended recipient of the parcel authorises the individual to do that act; or

both of the following requirements are satisfied:

the individual is a parent, or in the position of a parent or guardian, of the intended recipient of the parcel;

the intended recipient of the parcel is a minor or the ward of the individual mentioned in sub‑paragraph (i).Offence to place prohibited item in public parcel locker39J.—

Subject to subsection (2), a person who places, or causes to be placed, a prohibited item in a public parcel locker shall be guilty of an offence.(2) Subsection (1) does not apply to a person who, at the time the person places any thing in a public parcel locker or causes any thing to be placed in a public parcel locker, does not know, and has no reason to believe, that the thing is or contains a prohibited item.(3) In this section, “prohibited item” means —

any parcel which contains any indecent or obscene article, or bears any word, mark or design of an indecent or obscene or a scurrilous, threatening or grossly offensive character;

any article or thing which is likely to damage any public parcel locker or any parcel placed in a public parcel locker, or injure any person using a public parcel locker;

except as otherwise provided by any regulations made under this Act —

any explosive, inflammable, dangerous, filthy, noxious or deleterious substance;

any sharp instrument which is not properly protected; or

any living creature which is noxious or likely to damage any public parcel locker or any parcel placed in a public parcel locker, or injure any person using a public parcel locker; or

any other parcel or class of parcel prescribed.”.