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Naoero Postal Services Corporation (Amendment) Act 2020

REPUBLIC OF NAURU

NAOERO POSTAL SERVICES CORPORATION (AMENDMENT) ACT 2020

______________________________

No. 19 of 2020
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An Act to amend the Naoero Postal Services Corporation Act 2018.

Certified: 23^rd October 2020

Table of Contents

1 Short title

2 Commencement

3 Amendment of the Naoero Postal Services Corporation Act 2018

4 Amendment of Section 3

5 Amendment of Section 5

6 Amendment of Section 6

7 Amendment of Section 21

8 Delete Section 23

9 Amendment of Section 39

10 Insert new Section 40A

Enacted by the Parliament of Nauru as follows:

1 Short title

This Act may be cited as the Naoero Postal Services Corporation (Amendment) Act 2020.

2 Commencement

This Act commences on certification of the Speaker.

3 Amendment of the Naoero Postal Services Corporation Act 2018

The Naoero Postal Services Corporation Act 2018 is amended by the provisions of this Act.

4 Amendment of Section 3

Section 3 is amended by:

(a) deleting and substituting the definition of ‘post box’ as follows:

‘post box’ includes any pillar box, wall box, parcel locker or any other box or receptacle provided by the Post Office for the purposes of providing postal services;

(b) inserting the words ‘or Nauru’ after the words ‘Republic of Nauru’ in the definition of ‘postage stamp’;

(c) inserting in alphabetical order:

‘postal service’ means transmission of any postal article by post, any system of collection, despatch, conveyance, handling and delivering of a postal article;

5 Amendment of Section 5

Section 5 is deleted and substituted as follows:

‘5 Functions of the Corporation

The functions of the Corporation shall include, to:

(a) establish post offices, post boxes, postal stations, parcel lockers and collection or delivery points;

(b) provide postal services and any other incidental services;

(c) provide value added postal services such as electronic mail, electronic exchange, money order, money transfers, giro services;

(d) operate a Post shop;

(e) operate an e-Post shop or online retail and delivery services;

(f) provide philatelic and associated services;

(g) supply packet and parcel carrying and delivery services;

(h) establish and operate courier services;

(i) establish and operate funds transfer and related services;

(j) establish and operate personal and business insurance services, including intermediary insurance services;

(k) carry on procurement, logistics, agencies and warehousing services;

(l) establish and operate a customs brokerage and clearance agency; and

(m) perform such other functions as the Board with the consent of the Minister may assign.’

6 Amendment of Section 6

Section 6 is deleted and substituted as follows:

‘6 Powers of the Corporation

The Corporation has the power to do all things necessary, convenient or appropriate to be done, whether in the Republic or elsewhere, for the performance of its functions including the power to:

(a) determine and fix the charges for the services and goods delivered by the Corporation; and

(b) determine terms and conditions for the provision of any postal service, any related or ancillary service or good.’

7 Amendment of Section 21

Section 21 is deleted and substituted as follows:

‘21 Postage stamps

(1) The Corporation shall have the exclusive right to create, design and impress any postage stamp.

(2) The postage stamp may be endorsed with the monetary value on the face of it, which shall be the price for the postage stamp.

(3) The Corporation may by itself or may authorise other persons to sell or supply postage stamps at no less than their face value.

(4) The Corporation shall have the power to limit the production and sale of the postage stamps by:

• (a) quantity; or
  
• (b) duration, in which case the production, sale and supply of such postage stamps shall cease.
  

(5) No person shall:

• (a) make or supply any envelope, wrapper, card or any other form of packaging to be used as postage stamps; or
  
• (b) make or knowingly sell or supply any fictitious or illegally issued postage stamp.
  

(6) A person who contravenes subsection (5), commits an offence and upon conviction is liable to a fine not exceeding $2,000 or to a term of imprisonment not exceeding 2 years or to both.’

8 Delete Section 23

Section 23 is deleted.

9 Amendment of Section 39

Section 39 is deleted and substituted as follows:

‘39 Opening, defacing post box or postal property

(1) A person shall not without any authority:

• (a) affix any placard, advertisement or notice on;
  
• (b) write, paint or deface; or
  
• (c) damage or destroy,
  

the Post Office, post box or any other property belonging to or used by the Corporation.

(2) A person who contravenes subsection (1), commits an offence and upon conviction is liable to a fine not exceeding $5,000 or to a term of imprisonment for a term not exceeding 6 months or to both.’

10 Insert new Section 40A

‘Section 40A Funds of the Corporation

All monies payable to and received by the Corporation shall be paid into an account with a commercial bank in or outside the Republic as the Cabinet may approve.’