rangement of Provisions

PART 1
PRELIMINARY

1. Short title and
commencement
2. Interpretation
3 Object of Act
4. Act to bind the
Government
5. Meaning of universal
postal service
6. Meaning of reserved postal
service
7. Meaning of commercial
postal service
8. Minister may give
directions to SamoaPost

PART 2
SAMOAPOST

9. SamoaPost
10. Postage stamps
11. General governmental
obligations
12. Terms and conditions of
postal service provided by
SamoaPost
13. Pricing policy
14. SamoaPost operating
procedures
15. Performance standards to be
met by SamoaPost
16. Reporting requirements
17. Postal service points
18. Post-boxes
19. Separation of reserved postal
services and commercial postal
services
20. Accounts of SamoaPost
21. Immunity from certain actions
22. Infringing a reserved postal
service

PART 3
THE REGULATOR’S
FUNCTIONS AND POWERS

23. Responsibilities, functions and
powers of the Regulator
24. Appeal and Review of Orders
of the Regulator
25. Regulator to report on
compliance with prescribed
performance standards and
other matters
26. Regulator’s independence
PART 4
OPENING AND
SERCHING MAIL
27. Undeliverable postal article
2 Postal Services 2010, No. 30
28. Repair
29. Postal articles on which
customs duty is payable
30. Articles reasonably
believed to consist of drugs
or other prohibited items
31. Postal articles to carry
notice of opening
32. Dealing with dangerous or
deleterious things
33. Disposal following
conviction
34. SamoaPost and employees
not liable for actions in
good faith under this Part

PART 5
OFFENCES RELATING
TO THE INTEGRITY
OF THE MAIL

35. Unauthorised opening of
postal article
36. Divulging information
obtained from postal article
37. Theft of postal article
38. Wrongful delivery of postal
article
39. Forged postage stamps
40. Use of previously used,
defaced or obliterated stamps
41. Obstructing carriage of articles
by post

PART 6
GENERAL OFFENCES

42. Posting of dangerous things etc
43. Causing narcotics to be carried
by post
44. Tampering with a post-box

PART 7
MISCELLANEOUS

45. Money orders and postal
orders
46. Regulations
47. Repeal

__________

2010, No. 30

AN ACT to establish a new legislative framework for the
provision of postal services in Samoa and related
purposes. [19th
October 2010]

BE IT ENACTED by the Legislative Assembly of Samoa in
Parliament assembled as follows:
PART 1
PRELIMINARY
1. Short title and commencement-(1) This Act may be
cited as the Postal Services Act 2010.



2010, No. 30 Postal Services 3

(2) This Act commences on the date of assent of the Head of
State.

2. Interpretation-(1) In this Act, unless the contrary
intention appears:
“commercial postal service” means a postal service
specified in section 7;
“controlled precursor” has the same meaning as in the
Narcotics Act 1967;
“convention” means a convention to which Samoa is a party
or an agreement or arrangement between Samoa and a
foreign country;
“indecent document” has the same meaning as in the
Indecent Publications Ordinance 1960;
“interconnection” means the physical linking of the postal
service operated by SamoaPost with a postal service
operated by another postal service provider;
“Minister” means the Minister responsible for
communications;
“Ministry” means the Ministry responsible for
communications;
“narcotic” has the same meaning as in the Narcotics Act
1967;
“Officer of Customs” has the same meaning as in the
Customs Act 1977;
“PO Box” means:
(a) a receptacle established by SamoaPost for the
delivery of postal articles; or
(b) a postal delivery address at a postal service point that
includes the words “PO Box”.
“police officer” has the same meaning as “Commissioned
Officer” in the Police Service Act 2009;
“postage” in relation to a postal article, means the amount
payable for the carrying of the article by post;
“postage stamp” includes an imprinted or printed mark,
label or design authorised by SamoaPost for the
purpose of paying postage for a postal article and any
other purpose as required by SamoaPost and bearing the
word “Samoa”;



4 Postal Services 2010, No. 30

“postal article” means an article of a kind that, under
the terms and conditions on which SamoaPost
supplies postal services, may be carried by post;
“postal service point” means a place identified by
SamoaPost for the provision of postal services and
includes a house, building, room, place or
structure where postal articles are by permission or
under the authority of SamoaPost received,
delivered, sorted or made up from or from which
postal articles are despatched;
“post-box” means any receptacle established by
SamoaPost for the lodgement, receipt or handling
of postal articles;
“Regulator” has the same meaning as in the
Telecommunications Act 2005;
“reserved postal service” means a postal service
specified in section 6;
“rural areas” means any area outside a six (6) mile
circular radius from the Apia Town Clock;
“SamoaPost” means the company SamoaPost Ltd
incorporated under the Companies Act 2001;
“SamoaPost operating procedures” means the
operating procedures set out in guidelines prepared
under section 14;
“this Act” includes regulations made under this Act;
“universal postal service” means a postal service
specified in section 5;
“UPU regulations” means the Convention of the
Universal Postal Union and the UPU General
Regulations and includes appendices, annotated
acts and codes, arrangements to those regulations
and any additional agreements or regulations
published by the International Bureau of the
Universal Postal Union in pursuance of the
agreement concluded by the postal administration
of member countries concerned in the Universal
Postal Union Congress.



2010, No. 30 Postal Services 5

(2) Unless the contrary intention appears, any words or
phrases used in this Act and not defined in this Act and used in
the UPU Regulations have the same meaning or interpretation
given to them in the UPU Regulations.

3. Object of Act - The object of this Act is to establish an
effective legal and regulatory framework to ensure that the
postal industry operates in a competitive, accessible, efficient
and affordable environment for the inhabitants of Samoa.

4. Act to bind the Government - This Act binds the
Government.

5. Meaning of universal postal service - In this Act,
“universal postal service” means:
(a) the collection, transport and delivery of domestic and
cross-border addressed mail to addressees in the
following categories -
(i) addressed letters weighing not more
than 100 grams; and
(ii) small packages weighing up to
two (2) kg; and
(b) the collection, transport and delivery of domestic and
international postal parcels weighing up to
20 kg; and
(c) the provision of postal money orders in line with
UPU regulations; and
(d) the provision of special services such as registered
items and declared value items; and
(e) the provision of PO Boxes in rural areas with at least
3000 inhabitants or the provision of postal
service points in rural areas with 3000
inhabitants, accessible by public road; and
(f) the issuing of postage stamps; and
(g) the exchange of mail in transport through the postal
sorting centres.




6 Postal Services 2010, No. 30

6. Meaning of reserved postal service - In this Act,
“reserved postal service” means:
(a) the collection, transport and delivery of domestic and
cross-border addressed mail to PO Boxes in the
following categories -
(i) addressed letters weighing not more
than 100 grams; and
(ii) small packages weighing up to
two (2) kg; and
(b) the collection, transport and delivery to PO Boxes of
domestic and international postal parcels
weighing up to 20 kg; and
(c) the provision of postal money orders in line with the
UPU regulations; and
(d) the provision of PO Boxes; and
(e) issuing of postage stamps.

7. Meaning of commercial postal service - In this Act,
“commercial postal service” means a postal service that is not a
universal postal service and includes:
(a) all addressed mail not delivered to PO Boxes, but
delivered directly to the addressee as value added
letter mail;
(b) unaddressed mail and advertising mail;
(c) incoming cross-border mail that is not delivered
through PO Boxes but delivered directly to the
addressee;
(d) postal parcels being single mail items of weight
exceeding 20 kg;
(e) all courier and express mail services not delivered to
PO Boxes, but directly to the addressee as value
added mail, supplemented with some extra
services, such as bar-coding for track and trace,
insured items and guaranteed on time delivery;
(f) all value added postal services outside the scope of
the basic UPS, such as pre-mailing activities
including addressing, printing, insertion and



2010, No. 30 Postal Services 7

pre-sorting and hybrid mail being a combination
of mail generated by electronic media with
physical delivery through postal system;
(g) postal financial services such as utility bill payments;
(h) international money transfers with third party
providers.

8. Minister may give directions to SamoaPost-(1) Where
the Minister considers it in the public interest to do so, he or she
may give to SamoaPost written directions in relation to the
provision by SamoaPost of a reserved postal service or a
universal postal service.
(2) The Minister shall not give a direction under subsection
(1) in relation to rates of postage.
(3) Where the Minister gives a direction under subsection
(1), the Minister shall cause a copy of the direction to be laid
before the Legislative Assembly within 15 sitting days.

PART 2
SAMOAPOST

9. SamoaPost-(1) SamoaPost is a public trading body for
the purposes of the Public Bodies (Performance and
Accountability) Act 2001.
(2) SamoaPost must provide a universal postal service
within Samoa.
(3) SamoaPost has the exclusive right to provide a reserved
postal service within Samoa.
(4) SamoaPost may provide such commercial postal services
as it considers appropriate in accordance with section 8 of the
Public Bodies (Performance and Accountability) Act 2001.
(5) SamoaPost may conduct such other commercial
activities as are consistent with the Companies Act 2001 and the
Rules of SamoaPost made under that Act.

10. Postage stamps-(1) SamoaPost also has the exclusive
right to print and issue postage stamps within Samoa.



8 Postal Services 2010, No. 30

(2) SamoaPost may cancel and destroy any stamps that are
not required.

11. General governmental obligations - SamoaPost shall
perform its functions in a way consistent with:
(a) any general policies of which the directors of
SamoaPost are notified under the Public Bodies
(Performance and Accountability) Act 2001; and
(b) any directions given by the Minister under section 8;
and
(c) any directions given by the Regulator in respect of
interconnection arrangements; and
(d) Samoa’s obligations under any convention.

12. Terms and conditions of postal service provided by
SamoaPost-(1) Subject to any express provision of this Act or
any other Act, the terms and conditions of a postal service
supplied for a person by SamoaPost are:
(a) so far as SamoaPost and the person agree on terms
and conditions for the supply of the service - the
agreed terms and conditions; and
(b) so far as SamoaPost and the person do not agree on
terms and conditions - the terms and conditions
determined by the SamoaPost that are applicable
to the supply of the service.
(2) Without limiting subsection (1), the terms and
conditions determined by SamoaPost may make provision with
respect to:
(a) the kinds of articles that may be carried by post and
the means by which different kinds of articles
may be carried; and
(b) the carriage of letters and other postal articles; and
(c) rates of postage; and
(d) the payment of postage, including the issue and sale
of postage stamps, the pre-stamping of postal
articles and the use of franking machines; and
(e) undelivered letters and other articles (including the
forfeiture and destruction of such articles).



2010, No. 30 Postal Services 9

13. Pricing policy-(1) The Minister shall determine the
pricing policy for universal postal services to be provided by
SamoaPost.
(2) The Minister must consult with SamoaPost before
making or varying the pricing policy under subsection (1).
(3) In determining rates of postage for universal postal
services, SamoaPost must act consistently with the pricing
policy made under subsection (1).
(4) The Minister shall cause a copy of the determination
made under subsection (1) to be laid before the Legislative
Assembly within 15 sitting days.
(5) Commercial postal services provided by SamoaPost will
have market based tariffs and will not be subject to the pricing
policy made under subsection (1).

14. SamoaPost operating procedures-(1) SamoaPost shall
prepare guidelines setting out its operating procedures in
relation to matters such as:
(a) the destruction of postage stamps that are damaged
or excess to requirements; and
(b) the opening and destruction of undeliverable mail;
and
(c) the opening and destruction of mail suspected of
carrying illegal or dangerous material; and
(d) any other prescribed matter.
(2) Guidelines prepared under subsection (1) must be
consistent with:
(a) the Public Bodies (Performance and Accountability)
Act 2001; and
(b) the Companies Act 2001; and
(c) the Public Finance Management Act 2001; and
(d) any direction under section 8.
(3) Guidelines prepared under subsection (1) and any
variation to those guidelines must be submitted to the Regulator
and the Chief Auditor for approval.

15. Performance standards to be met by SamoaPost-(1)
The regulations may prescribe performance standards to be met
for reserved mail services.



10 Postal Services 2010, No. 30

(2) The prescribed performance standards must relate to:
(a) the frequency, speed or accuracy of mail delivery; or
(b) the availability or accessibility of post-boxes or other
mail lodgement points.
(3) Without limiting subsection (1), the prescribed
performance standards may relate to methods of determining
the level of mail delivery service for a particular area.
(4) In addition to any requirements specified in the
Companies Act 2001 or the Public Bodies (Performance and
Accountability) Act 2001 relating to roles and responsibilities
of a company director, it is a duty of the directors of SamoaPost
to take measures to ensure that SamoaPost complies with any
performance standards prescribed for the purposes of subsection
(1).
16. Reporting requirements-(1) In addition to any
reporting requirements under the Companies Act 2001 or the
Public Bodies (Performance and Accountability) Act 2001,
SamoaPost shall prepare and provide to the Minister and the
Regulator an annual report setting out:
(a) the cost of the provision of universal postal services;
(b) the quality of services for single mail items
nationwide;
(c) the infrastructure of SamoaPost;
(d) efforts to improve service levels and infrastructure
for universal postal services; and
(e) any other prescribed information.
(2) Any commercially sensitive information in the report to
the Minister and the Regulator shall not be made public.
17. Postal service points-(1) SamoaPost must provide
access to universal postal services through postal service points.
(2) A postal service point must provide:
(a) for the collection and delivery of single item letter
mail and parcel mail to PO Boxes; and
(b) for the sale of stamps or other means of postal
franking; and
(c) for the rental of PO Boxes.
(3) A postal service point need not be a post office or postal
agency.



2010, No. 30 Postal Services 11

(4) A PO Box referred to in subsection (2) need not be a
physical PO Box but may be a postal address for the delivery of
postal articles.

18. Post-boxes - SamoaPost may erect, maintain and use
post-boxes in any public road, street or highway or in any other
public place.

19. Separation of reserved postal services and
commercial postal services - SamoaPost must ensure that there
is no cross subsidisation between reserved postal services and
commercial postal services provided by SamoaPost.

20. Accounts of SamoaPost-(1) SamoaPost must keep such
accounts as are required under the Companies Act 2001 and the
Public Bodies (Performance and Accountability) Act 2001.
(2) In addition to the accounts specified in subsection (1),
SamoaPost must maintain accounts that provide for the
separation on a cost accounting basis of revenue and
expenditure in respect of universal postal services and revenue
and expenditure in respect of commercial postal services.

21. Immunity from certain actions - An action or
proceeding does not lie against SamoaPost or any other person
in relation to any loss or damage suffered, or that may be
suffered, by a person because of any act or omission done or
omitted to be done in good faith by or on behalf of SamoaPost
in relation to the carrying out of a universal postal service by
SamoaPost.

22. Infringing a reserved postal service - A person other
than SamoaPost who engages in conduct that involves an
infringement of an exclusive right that SamoaPost has under
this Act, commits an offence and is liable to a fine not
exceeding 5,000 penalty units for a first offence and 10,000
penalty units for a subsequent offence.



12 Postal Services 2010, No. 30

PART 3
THE REGULATOR’S FUNCTIONS AND POWERS

23. Responsibilities, functions and powers of the
Regulator-(1) The Regulator has the following responsibilities
and functions:
(a) to ensure that SamoaPost is properly meeting
Samoa’s obligations under the UPU regulations
by proving universal postal services; and
(b) to ensure that SamoaPost is meeting the performance
standards required in respect of the provision of
reserved postal services; and
(c) to ensure that rates of postage charged by SamoaPost
for universal postal services are consistent with
the pricing policy determined by the Minister
under section 13; and
(d) to ensure that SamoaPost is adequately accounting
for the services it provides and there is no cross
subsidisation between reserved postal services
and commercial postal services provided by
SamoaPost; and
(e) to deal with complaints about the provision of
reserved postal services by SamoaPost; and
(f) where, appropriate, to give directions to SamoaPost
in respect of interconnection; and
(g) to adjudicate on interconnection issues.
(2) The Regulator may request SamoaPost to supply
information that the Regulator considers is reasonably necessary
to carry out the functions and responsibilities set out in
subsection (1) and SamoaPost must comply with that request.
(3) The Regulator may make such orders, procedures,
guidelines and rules as the Regulator thinks appropriate in
relation to the execution and performance of the functions and
responsibilities under subsection (1) and SamoaPost must
comply with any such order.
(4) An order under subsection (3) may direct SamoaPost to
take certain actions considered necessary to ensure that
SamoaPost is providing postal services in accordance with this
Act.



2010, No. 30 Postal Services 13

24. Appeal and Review of Orders of the Regulator-(1)
An appeal from an order of the Regulator under this Act may be
made only:
(a) on any question of law; and
(b) to the Supreme Court with the leave of the Court.
(2) An application for leave to appeal shall be made within
thirty days after the date of the order appealed from.
(3) An appeal shall be brought within 60 days after the day
on which leave to appeal is granted.
(4) On an appeal under this section the Supreme Court may
draw any inference that is not inconsistent with the findings of
fact made in the order.
(5) Despite any other law, on hearing an appeal under this
section the Supreme Court shall have only the jurisdiction and
power to:
(a) determine the applicable law; and/or
(b) declare the order subject to appeal, or part of the
order, to be lawful or unlawful; and/or
(c) remit the order to the Regulator for further
determination by the Regulator in accordance
with any determination and/or declaration made
under paragraphs (a) and/or (b).

25. Regulator to report on compliance with prescribed
performance standards and other matters-(1) At least once
each year, the Regulator shall report to the Minister on the
extent to which SamoaPost has met its obligations under the Act
and any prescribed performance standards.
(2) The Regulator shall include in the report any other
matters he or she considers relevant to the functions under
section 23.

26. Regulator’s independence - For the avoidance of
doubt, section 8(3) of the Telecommunications Act 2005 applies
to the Regulator’s responsibilities, functions and powers under
this Act.



14 Postal Services 2010, No. 30

PART 4
OPENING AND SEARCHING MAIL

27. Undeliverable postal article-(1) If a postal article:
(a) cannot be delivered to the intended recipient because
it is not addressed or it is inadequately or
incorrectly addressed; and
(b) cannot be returned to the sender because it does not
bear the sender’s address, or because the
sender’s address is not shown or is inadequately
or incorrectly shown,
a SamoaPost employee may, in accordance with SamoaPost
operating procedures, open the article and examine its contents
for the purpose of obtaining sufficient information to:
(a) deliver the article to the intended recipient; or
(b) return the article to the sender.
(2) If SamoaPost cannot determine who sent the postal
article, it must keep the postal article in safe custody for at least
three (3) months.
(3) If SamoaPost has kept such a postal article in safe
custody for at least three (3) months but the postal article
remains unclaimed, SamoaPost may destroy or otherwise
dispose of the postal article as it thinks fit.

28. Repair - A SamoaPost employee may, in accordance
with SamoaPost operating procedures, open a postal article for
the purpose of repairing it or its contents so that the article may
be made safe for carriage by post.

29. Postal articles on which customs duty is
payable-(1) Where there are reasonable grounds for believing
that a postal article consists of, or contains, anything on which
customs duty is payable or that is being carried in contravention
of a law of Samoa relating to the importation into, or
exportation from, Samoa of that thing, an employee of
SamoaPost authorised for that purpose may, in accordance with
SamoaPost operating procedures, open the article in the
presence of an Officer of Customs.



2010, No. 30 Postal Services 15

(2) An Officer of Customs in whose presence the article is
opened may examine the postal article to check whether it
consists of or contains anything on which customs duty is
payable or that is being carried in contravention of a law of
Samoa.
(3) If the article is found not to consist of or contain
anything referred to in subsection (1), the postal article must be
closed up and the article returned to the normal course of
carriage.
(4) If the article is found to consist of or contain anything
referred to in subsection (1), the postal article and its contents
must be dealt with in accordance with any applicable laws of
Samoa.

30. Articles reasonably believed to consist of drugs or
other prohibited items-(1) This section applies to a postal
article that is reasonably believed by an Officer of Customs or a
police officer to consist of, or contain, narcotics, a controlled
precursor or other chemical compounds or other prohibited
items that are being carried in contravention of a law of Samoa.
(2) The Officer of Customs or police officer, after notifying
an employee of SamoaPost authorised for that purpose, may
open the postal article in the presence of that employee of
SamoaPost.
(3) If the article is found not to consist of or contain
anything referred to in subsection (1) the postal article must be
closed up and the article returned to the normal course of
carriage.
(4) If the article is found to consist of or contain anything
referred to in subsection (1) the postal article and its contents
must be dealt with in accordance with any applicable laws of
Samoa.

31. Postal articles to carry notice of opening-(1) If a
postal article has been opened as permitted by a provision of
this Act and the article is to be returned to the normal course of
carriage, SamoaPost must cause to be endorsed on the cover of
the article, or on a label affixed to its cover, a notification that



16 Postal Services 2010, No. 30

the article has been opened and that explains briefly the purpose
for which the article was opened.
(2) SamoaPost must keep a record of all items opened in
accordance with a provision of this Act and shall provide that
record to the Regulator if requested to do so.

32. Dealing with dangerous or deleterious things-(1) If an
employee of SamoaPost knows, or has reasonable grounds for
suspecting, that a postal article contains something that is or
could be explosive, dangerous or deleterious, the article may be
dealt with in accordance with the applicable provisions of the
SamoaPost operating procedures.
(2) If the postal article is physically offensive or dangerous
it may be destroyed immediately by an employee of SamoaPost
in accordance with the SamoaPost operating procedures.
(3) If an employee of SamoaPost believes, on reasonable
grounds:
(a) that the postal article is likely to die, rot, spoil, or
otherwise perish; or
(b) that the postal article is or is about to become
dangerous and that it is necessary, in order to
avoid the threat of harm to any persons or
property, to destroy or otherwise dispose of the
postal article immediately,
an employee of SamoaPost may destroy or otherwise dispose of
the postal article in accordance with the applicable provisions of
the SamoaPost operating procedures.
(4) SamoaPost must ensure that, before the article is
destroyed, the following information is recorded, to the extent
to which it is evident:
(a) the sender’s name and address;
(b) the intended recipient’s name and address;
(c) what the article contains.
(5) If the sender’s name and address has been recorded,
SamoaPost must, as soon as practicable after the article’s
destruction, cause written notice to be given to the sender
advising of the article’s destruction and the reasons for its
destruction.



2010, No. 30 Postal Services 17

33. Disposal following conviction - On the conviction of
any person for an offence against this Act involving any postal
article, the convicting court, in addition to any other sentence or
making any other order in respect of the offence, may order that
the postal article is forfeited to the Government; and in that case
the postal article so forfeited must be destroyed or otherwise
disposed of as the Minister directs.

34. SamoaPost and employees not liable for actions in
good faith under this Part - Neither SamoaPost, nor an
employee of SamoaPost, is liable to an action or other
proceeding for damages for or in relation to an act done or
omitted to be done in good faith in the exercise or performance,
or purported exercise or performance, of a power or duty under
this Part.

PART 5
OFFENCES RELATING TO
INTEGRITY OF THE MAIL

35. Unauthorised opening of postal article - A person, not
being:
(a) the addressee or an agent, officer or employee of the
addressee; or
(b) an employee of SamoaPost authorised for that
purpose and acting in accordance with
SamoaPost operating procedures; or
(c) an Officer of Customs or a police officer acting in
accordance with this Act,
who opens or endeavours to open any postal articles, commits
an offence and is liable to imprisonment for a term not
exceeding 12 months or to a fine not exceeding 100 penalty
units, or both.

36. Divulging information obtained from postal
article-(1) Subject to subsection (3), an employee of a
SamoaPost or another postal service provider who discloses
without good and sufficient cause any information obtained
from a postal article obtained in the course of that employee’s



18 Postal Services 2010, No. 30

duties, commits an offence and is liable to imprisonment for a
term not exceeding 12 months or to a fine not exceeding 100
penalty units, or both.
(2) Subject to subsection (3), an officer of Customs or a
police officer who discloses without good and sufficient cause
any information obtained from a postal article obtained in the
course of that officer’s duties, commits an offence and is liable
to imprisonment for a term not exceeding 12 months or to a fine
not exceeding 100 penalty units, or both.
(3) Subsections (1) and (2) do not apply where the
disclosure is:
(a) reasonably necessary for the enforcement of the
criminal law; or
(b) reasonably necessary for the protection of the public
revenue; or
(c) otherwise required or authorised by or under law.

37. Theft of postal article - A person who dishonestly
appropriates a postal article (including an article that appears to
have been lost or wrongly delivered by or on behalf of
SamoaPost or lost in the course of delivery to SamoaPost) with
the intention of permanently depriving another person of that
postal article, commits an offence and is liable to imprisonment
for a term not exceeding 12 months or to a fine not exceeding
100 penalty units, or both.

38. Wrongful delivery of postal article-(1) A person who
intentionally causes a postal article to be delivered to, or
received by, a person other than the person to whom it is
directed or that person’s authorised agent, commits an offence
and is liable to imprisonment for a term not exceeding 12
months or to a fine not exceeding 100 penalty units, or both.
(2) A person who dishonestly obtains delivery of, or receipt
of, an article in the course of post that is not directed to that
person, commits an offence and is liable to imprisonment for a
term not exceeding 12 months or to a fine not exceeding 100
penalty units, or both.




2010, No. 30 Postal Services 19

39. Forged postage stamps - A person who:
(a) forges a postage stamp or uses or issues a postage
stamp knowing it to be forged; or
(b) attempts to forge a postage stamp or use or issue a
postage stamp knowing it to be forged,
commits an offence and is liable to imprisonment for a term not
exceeding 12 months or to a fine not exceeding 100 penalty
units, or both.

40. Use of previously used, defaced or obliterated
stamps - A person who uses for postal services a postage
stamp:
(a) that has previously been used for postal services; or
(b) that has been obliterated; or
(c) that has been defaced,
commits an offence and is liable to imprisonment for a term not
exceeding six (6) months or to a fine not exceeding 50 penalty
units, or both.

41. Obstructing carriage of articles by post - A person
who intentionally obstructs or hinders the carriage by post of
any postal article, commits an offence and is liable to
imprisonment for a term not exceeding 12 months or to a fine
not exceeding 100 penalty units, or both.

PART 6
GENERAL OFFENCES

42. Posting of dangerous things etc-(1) A person who
intentionally causes to be carried by post an article that
contains:
(a) a noxious substance or thing, or any dead animal; or
(b) an explosive, dangerous, or destructive substance or
fluid; or
(c) an indecent document,
commits an offence and is liable to imprisonment for a term not
exceeding 12 months or to a fine not exceeding 100 penalty
units, or both.



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(2) A person who intentionally causes to be carried by post
an article with the intention of inducing a false belief that:
(a) the article consists of, encloses or contains an
explosive or a dangerous or harmful substance or
thing; or
(b) an explosive, or a dangerous or harmful substance or
thing, has been or will be left in any place,
commits an offence and is liable to imprisonment for a term not
exceeding 12 months or to a fine not exceeding 100 penalty
units, or both.

43. Causing narcotics to be carried by post - A person
who intentionally causes to be carried by post without lawful
reason an article that consists of, encloses or contains narcotics
or a controlled precursor, commits an offence and is liable to
imprisonment for a term not exceeding two (2) years or to a fine
not exceeding 200 penalty units, or both.

44. Tampering with a post-box - A person who without
lawful reason opens a post-box or tampers with a post-box
commits an offence and is liable to imprisonment for a term not
exceeding six (6) months or to a fine not exceeding 50 penalty
units, or both.

PART 7
MISCELLANEOUS

45. Money orders and postal orders-(1) SamoaPost may
make arrangements for the issue and payment of money orders
and postal orders:
(a) within Samoa; and
(b) between Samoa and a foreign country,
and for the accounting for, and remittance of, moneys required
for that purpose.
(2) A money order or postal order issued under this Act and
not presented for payment within 12 months from the last day
of the month of issue shall be payable under such conditions as
are determined by SamoaPost.



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(3) SamoaPost shall exercise reasonable care and diligence
when paying the amount of a money order or a postal order in
determining that the person presenting the money order or the
postal order for payment is properly entitled to receive payment
for the amount of that money order or postal order.
(4) Subject to subsection (3), an action or other proceedings
shall not be maintainable against SamoaPost in respect of a
money order or postal order after its payment to whomsoever
presented it if it was paid without fraud or wilful misbehaviour.

46. Regulations-(1) The Head of State acting on the advice
of Cabinet may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying
out or giving effect to this Act.
(2) Without limiting the generality of subsection (1),
regulations may be made with respect to:
(a) the forfeiture and destruction of articles carried by
post; and
(b) the arrangements for collecting duties of customs
and other duties payable in relation to postal
articles carried by post; and
(c) dealing with articles that may contain goods on
which duties of customs or other duties are
payable; and
(d) the opening and examination of postal articles, and
the examination of contents of postal articles,
carried by post; and
(e) prescribing fines and penalties not exceeding 10
penalty units or imprisonment for a term not
exceeding three (3) months, or both, for offences
against the regulations.

47. Repeal-(1) Subject to subsection (2), the Post Office
Act 1972 is repealed.
(2) An offence under the Post Office Act 1972 that took
place prior to the commencement date can be prosecuted under
that Act notwithstanding the repeal of that Act by subsection (1)
and any provisions of that Act that are relevant for such



22 Postal Services 2010, No. 30

prosecutions are deemed not to be repealed for the purposes of
those prosecutions.
(3) Every licence or permit in force under the previous Acts
at the commencement date shall, to the extent that it is capable
of doing so, continue and have effect under the corresponding
provisions of this Act until such time as the licence or permit
expires or is cancelled under the provisions of this Act.
(4) In this section:
“commencement date” means the date this section comes
into operation;
“previous Acts” means the Post Office Act 1972 and the
Postal and Telecommunications Services Act 1999.

__________
The Postal Services Act 2010 is administered by the
Ministry of Communications and Information Technology.