POSTAL SERVICES ACT 2012

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 741 POSTAL SERVICES ACT 2012 As at 1 May 2020 2 POSTAL SERVICES ACT 2012 ... ... … 2 February 2012 Date of publication in the Gazette ... … 9 February 2012 Date of Royal Assent 3 LAWS OF MALAYSIA Act 741 POSTAL SERVICES ACT 2012 ARRANGEMENT OF SECTIONS P ART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation 3. Delivery P ART II FUNCTIONS OF THE COMMISSION 4. Functions of the Commission 5. Ensuring the provision of universal service 6. Monitoring and reporting to the Minister P ART III MINISTERIAL POWERS AND PROCEDURES 7. Direction by the Minister 8. Variation of a direction 9. Register of directions 4 Laws of Malaysia ACT 741 P ART IV LICENSING PROVISION Section 10. Minister may grant licence 11. Application for licence 12. Non-application 13. Grant or refusal of licence 14. Conditions of licence 15. Power to add, vary or revoke conditions of licence 16. Assignment or transfer of licence 17. Suspension or revocation of licence 18. Effective date of suspension or revocation of licence 19. Publication of suspension or revocation of licence 20. Surrender of licence 21. Renewal of licence 22. Effect of revocation, surrender or non-renewal of licence 23. Notice of intention to suspend operation P ART V PROVISIONS RELATING TO THE UNIVERSAL SERVICE LICENSEE 24. Universal service licensee trade names 25. Passing off of names of a universal service licensee 26. Production or issuance of postage stamp 27. Right to sell postage stamp 28. Annual thematic plan 29. Archiving of postage stamp 30. Installation of posting box or other collection or delivery equipment 31. Exemption from liability for loss, misdelivery, delay or damage Postal Services 5 P ART VI GENERAL TERMS AND CONDITIONS OF POSTAL SERVICES Section 32. Submission of general terms and conditions 33. Limitation of liability in universal service licensee’s general terms and conditions P ART VII OTHER SERVICES 34. Postal financial services 35. Electronic postal services P ART VIII REGULATION OF RATES 36. Principles on rates setting 37. Rates may be regulated P ART IX GENERAL COMPETITION PRACTICES 38. Prohibition on anti-competitive conduct 39. The Commission may publish guidelines 40. Prohibition on entering into collusive agreements 41. Prohibition on tying or linking arrangements 42. Dominant licensee 43. Guidelines as to the meaning of “dominant position” 44. The Commission may direct a licensee in a dominant position 45. Authorization of a conduct 46. Register of authorizations 6 Laws of Malaysia ACT 741 Section 47. Penalty for offence 48. Minister may make regulations P ART X CONSUMER PROTECTION 49. Postal Forum 50. Functions of the Postal Forum 51. Complaints handling procedures 52. Complaints of consumers 53. Circumstances in which a postal article may be opened 54. Notice to be applied and report to be submitted 55. Inspection by customs officials 56. Penalty for unlawfully disclosing contents of postal article P ART XI POSTCODE AND ADDRESSING SYSTEM AND POSTAL IDENTIFIERS 57. Postcode and addressing system 58. Assignment of postal identifiers P ART XII POWER AND PROCEDURES OF THE MALAYSIAN COMMUNICATIONS AND MULTIMEDIA COMMISSION Chapter 1 Directions 59. Directions by the Commission Postal Services 7 Chapter 2 Inquiry Section 60. Inquiry by the Commission 61. Conduct of an inquiry Chapter 3 Investigation 62. Investigation by the Commission 63. Publication of reports P ART XIII OFFENCES AND PENALTIES 64. Unlawful acts on postal article 65. Fictitious and counterfeit postage stamp 66. Installation of access points without authorization 67. Damage to postal network facilities 68. Affixing without authority or disfiguring a postal network facility 69. Evasion of postage 70. Tampering with official mark on a postal article P ART XIV INFORMATION GATHERING POWERS AND ENFORCEMENT PROVISIONS Chapter 1 Information gathering powers 71. Provision of information 72. Commission may retain documents 73. Access to records 74. Incorrect records 8 Laws of Malaysia ACT 741 Section 75. Record of information 76. Publication of information Chapter 2 Enforcement powers of authorized officer 77. Authorized officer 78. Power of investigation 79. Search and seizure with warrant 80. Warrant admissible notwithstanding defects 81. Access to computerized data 82. List of books, records, accounts, etc., seized 83. Forfeiture 84. Release of books, records, accounts, documents, etc., seized 85. Additional powers 86. Power to require attendance of person acquainted with case 87. Examination of person acquainted with case 88. Admissibility of statements in evidence 89. Authorized officer to complete investigation and hand over to police 90. No cost or damages arising from seizure to be recoverable 91. Institution of prosecution 92. Jurisdiction to try offences 93. Offence for giving false and misleading information Chapter 3 Miscellaneous 94. Obstruction 95. Compounding of offences 96. Offences by body corporate 97. Abetment and attempt punishable as offences Postal Services 9 P ART XV GENERAL Section 98. Postal Service Fund 99. Register 100. Power of Minister to make regulations 101. Power of the Commission to make rules 102. Penalties for subsidiary legislation 103. Public Authorities Protection Act 1948 104. Protection of officers and other persons P ART XVI NATIONAL INTEREST MATTERS 105. General duty of licensees 106. Person not liable for act done in good faith 107. Interworking with other authorities 108. Special powers in emergency 109. Disaster plan P ART XVII SAVINGS AND TRANSITIONAL 110. Savings and transitional 111. Licences issued under the repealed Act for a period of three years or less 112. Licences issued under the repealed Act for a period of more than three years FIRST SCHEDULE SECOND SCHEDULE 11 LAWS OF MALAYSIA Act 741 POSTAL SERVICES ACT 2012 An Act to provide for the licensing of postal services and the regulation of the postal services industry, and for incidental or connected matters. [1 April 2013, P.U. (B) 94/2013] ENACTED by the Parliament of Malaysia as follows: PART 1 PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Postal Services Act 2012. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette and the Minister may appoint different dates for the coming into operation of different provision of this Act. Interpretation 2. In this Act, unless the context otherwise requires— ‘this Act” includes any subsidiary legislation made under this Act; 12 Laws of Malaysia ACT 741 “postal article” means a letter, a package, a parcel, a wrapper or a container that can be collected, transmitted and delivered through the postal network of a licensee; “postage” means the charge or fee, including additional charge or fee, payable for the collection, transmission and delivery of a postal article by a licensee; “downstream access” means the access to a licensee’s postal network and postal network facilities for final processing and delivery purposes by another licensee; “register” means any register maintained by the Commission for the purpose of this Act; “prescribed” where no mode is mentioned, means prescribed by regulations made under this Act; “postal services industry” includes postal services and other services that may be provided under this Act; “mail bag” means any bag, box, basket, parcel, envelop or container, including locked bag, in which a postal article in transmitted, whether it does or does not contain any postal article; “postal network facilities” means any facilities and equipment used by licensee as part of its postal network and in the case of a universal service licensee includes a post office, posting box, relay box and postal vehicle; “licence” means a universal service licence or non-universal service licence granted under subsection 13(2); “Minister” means the Minister charged with the responsibility for the postal services industry; “authorized officer” means— Postal Services 13 (a) any public officer or officer of the Commission authorized in writing by the Minister for the purpose of this Act; or (b) any police office not below the rank of Inspector; “post office” includes any place, device or mail conveyance authorized by the universal service licensee for the posting, receipt, sorting, handling, transmission or delivery of postal article; “licensee” means a company incorporated under the *Companies act 1965 [Act 125] that has been granted a licence under this Act to provide postal services; “mail conveyance” means the mode used to transmit postal articles; “director” has the same meaning assigned to it in the Companies Act 1965; “postal identifier” means any name, logo, mark or design assigned by the Commission to a licensee— (a) that identifies the licensee; and (b) that clearly indicates to the public that postal articles have been, or are intended to be accepted by that licensee for transmission by post; “Designated Postal Operator” means a universal service licensee designated by the Minister; “consumer” means a person who uses the postal network of a licensee either as a sender or recipient of postal articles or who uses the postal financial services or electronic postal services; “transmission of postal article” means the process whereby a postal article is being posted by the sender to an access point until it is being *NOTE─The Companies Act 1965 [Act 125] has since been repealed by the Companies Act 2016 [Act 777] which comes into operation on 31 January 2017-see subsection 620(1) Act 777. 14 Laws of Malaysia ACT 741 delivered to the addressee by the licensee or it is returned to the sender or disposed of under this Act by the licensee; “data processing device” means any equipment or device from which information is capable of being reproduced, with or without the aid of any other equipment or device; “mail pick up or delivery equipment” means equipment provided by the universal service licensee for the collection and delivery of mail, including a posting box, parcel box and relay box; “non-universal service” means postal services that may be provided to consumers at rates other than the prescribed rates of the universal service; “electronic postal service” means the electronic postal services as specified in section 35; “postal financial services” means the postal financial services as specified in section 34; “postal service” means the collection, transmission and delivery of any postal article; “universal service” means postal services, which include basic postal services determined by the Commission to be provided to consumers throughout Malaysia, at the prescribed rates; “posting box” means any box or receptacle designated by a universal service licensee, in which senders can deposit postal articles for the purpose of collection; “letter box” means a receptacle provided by a consumer in order to receive postal article sent to the consumer or to the consumer’s address; “post” means an act of leaving a postal article in any place, receptacle, device or mail conveyance of a licensee or with any person authorized by a licensee for the collection of postal article and in the Postal Services 15 case of the universal service licensee, also means leaving it in any post office or depositing it in ant posting box; “postal network” means the system of organization and resources in any form or manner used by a licensee in carrying out its operations including the aspects of the system used for–(a) collecting postal articles postal from the access points; (b) handling and transporting postal article from the access points to the distribution centre; (c) processing the postal articles; and (d) disturbing the postal article to the addressee; “postage stamp” means any label or stamp which denotes any rate of postage fee or other sum pay