                                           POSTAL SERVICES  ġ CAP. 254.              1
CHAPTER 254 
POSTAL SERVICES ACT
To provide for matters relating to the postal services.
9th December, 1975
ACT XXXV of 1975, as amended by Acts XVIII of 1977, XIII of 1983, XXXVIII of 1988, VI of
1990, XXIX of 1995, XI of 1998, VI of 2001 and XXVII of 2002.
ARRANGEMENT OF ACT
  Articles
Part I Preliminary  1-2 
Part II  Regulation and Administration of Postal Services 3-30 
Part III  Inland Post  31 
Part IV Foreign Post  32-35 
Part V  Postage Stamps  36-38 
Part VI Transmission and Delivery of Postal Articles  39-46 
Part VII Prohibition  47-49 
Part VIII Recovery of Postage Due  50-53
Part IX Ship or Air Mails  54-56
Part X Money and Postal Orders  57-61 
Part XI Offences and Penalties  62-76 
Part XII General Provisions  77-81
SCHEDULES  
First Schedule. Declaration
Second Schedule.  Printed Matter Appeals Board
Third Schedule Accounting procedures
  2      CAP. 254. ħ                   POSTAL SERVICES  
PART I
PRELIMINARY
Short title.
Amended by:
XXVII. 2002.3.
1. The short title of this Act is the Postal Services Act.
Interpretation. 
Amended by: 
XVIII.1977.2;
XXVII. 2002.4.
2. (1) In this Act, unless the context otherwise requires -
"access points" means physical facilities, including letter boxes
provided for the public either on streets, public way or at the
premises of the postal operator, where postal articles may be
deposited with the public postal network by customers;
"article of correspondence" means a communication in written
form on any kind of physical medium to be conveyed and delivered
at the address indicated by the sender on the article itself or on its
wrapping but does not include books, catalogues, newspapers and
periodicals;
"authorisation" includes any licence issued under this Act to
operate or provide postal services and includes general
authorisations and individual licences as defined under this article;
"authorised provider" means any person who holds a valid
licence or authorisation to operate or provide postal services; 
Cap. 418.
"Authority" means the Malta Communications Authority
established under the Malta Communications Authority Act;
"basic counter service" means a network of access points
distributed throughout Malta providing postal services including
the sale of stamps, registration of mail, parcel collection and
delivery; 
"clearance" means the operation of collecting postal articles
deposited at access points;
"cross-border mail" means mail to or from another country; 
"customs duty" includes value added tax or any other tax where
payable upon importation; 
"data protection" includes personal data protection, the
confidentiality of information transmitted, shared or stored, and
protection of privacy;
"direct mail" means a communication consisting solely of
advertising, marketing or publicity material and comprising an
identical message, except for the addressee’s name, address and
identifying number as well as other modifications which do not
alter the nature of the message, which is sent to a significant
number of addressees, to be conveyed and delivered at the address
indicated by the sender on the article itself or on its wrapping and
includes cross-border as well as inland mail. Bills, invoices,
financial statements or other non-identical messages and
communications combining direct mail with other articles within
the same wrapping shall not be included as direct mail;
"distribution" means the process from sorting at the distribution
centre to delivery of postal articles to their addressees;
                                           POSTAL SERVICES  ġ CAP. 254.              3
"document exchange" means provision of means, including the
supply of  ad hoc  premises as well as transportation by a third party,
allowing self-delivery by mutual exchange of postal articles
between users subscribing to this service; 
"essential requirements" means general non-economic reasons
which can induce the Government to impose conditions on the
supply of postal services. Such reasons are the confidentiality of
correspondence, security of the network as regards the transport of
dangerous goods and, where justified, data protection,
environmental protection and regional planning;
"fictitious stamp" means any facsimile, imitation or
representation of a postage stamp;
"foreign" used in relation to a postal article means posted in
Malta and addressed to any country or place outside Malta, or vice
versa;
"Gazette" means the Malta Government Gazette; 
"general authorisation" means an authorisation which does not
require that the postal operator concerned obtain an explicit
decision by the Authority before exercising the rights stemming
from the authorisation, irrespective of whether such authorisation is
granted to all persons or persons of a class and of whether the
authorisation requires registration or declaration procedure;
"Government" means the Government of Malta;
"individual licence" means an authorisation which is granted by
the Authority and which gives a person specific rights or which
subjects that person’s operations to specific obligations granted
where the person concerned is not entitled to exercise the said
rights before a decision is given by the Authority;
"inland" used in relation to a postal article means posted in Malta
and addressed to any place in Malta;
"insured article" means a service insuring a postal article up to
the value declared by the sender in the event of loss, theft or
damage;
Cap. 378.
"interested parties" includes licensed postal service operators,
manufacturers, registered consumer associations registered in
accordance with the Consumer Affairs Act and any postal users’
groups duly recognised as such by the Authority which groups must
satisfy any criteria that the Authority with the consent of the Minister
may by notice in the Gazette prescribe;
"letter" includes all postal articles which may by regulations be
transmitted through the post at letter rates;
"letter-box" includes every pillar box, wall box, and every other box
or receptacle provided under the permission of the Authority for the
purpose of receiving postal articles;
"mail bag" includes any bag, box, parcel, envelope, or covering
in which postal articles in course of transmission by post are
conveyed, whether it does or does not contain any such article;
  4      CAP. 254. ħ                   POSTAL SERVICES  
" mail ship" means any ship or aircraft employed for the conveyance
of mail, pursuant to a contract or arrangement made by a postal
operator or by an entity performing similar functions in another
country;
"Malta" has the same meaning as is assigned to it by article 124
of the Constitution of Malta;
"master of a ship" means the person for the time being in charge
or command of a vessel used in navigation, or of an aircraft, but
does not include the pilot of a vessel used in navigation;
"Minister" means the Minister responsible for posts, and includes
any person authorised in that behalf by such Minister;
"officer of a postal operator" includes every person employed in any
business carried by a postal operator or is acting for or on behalf of a
postal operator;
"parcel" means a postal article which is posted in Malta as a
parcel in terms of this Act or under any regulations made under this
Act, or which is received in Malta from abroad by parcel post;
"person" includes an association or body of persons, whether
corporate or not;
"pilot" means the person in charge or command of an aircraft;
"post office" includes any branch or subdivision of a postal operator,
and any house, building, room, vehicle, place or device used for the
purposes of the postal operator, and any letter-box ;
"postage" means the fees chargeable for the transmission by post
of postal articles;
"postage stamp" means any stamp for denoting postage or other
fees or sums payable in respect of postal articles, and includes
adhesive postage stamps and stamps printed, embossed, impressed
or otherwise indicated on any envelope, card, wrapper, postcard or
other article, whether such postage stamp is issued under this Act
or by the Government of a foreign country or by a Postal
Administration recognised by the Minister;
"postal article" means an article addressed in the final form in
which it is to be carried by a postal operator. In addition to articles
of correspondence, such articles also include books, catalogues,
newspapers, periodicals and postal packages containing
merchandise with or without commercial value;
"postal operator" means any person licensed to supply postal
services in Malta and between Malta and other countries and
includes any person who carries on within or outside Malta any
business or activity relating to postal services including any
services that are ancillary to postal services;
"postal services" means services involving the clearance, sorting,
transport and delivery of postal articles;
"Postal Services Appeals Board" and "Appeals Board" means the
Postal Services Appeals Board established under article 4;
"postcard" means any card admissible as a postcard in
                                           POSTAL SERVICES  ġ CAP. 254.              5
accordance with this Act or under any regulation made under this
Act and includes a reply postcard;
"prescribed" means prescribed by regulations made under this
Act;
"printed matter" includes any newspaper and any record, tape,
film or other means whereby words or visual images may be heard,
perceived or reproduced;
"prohibited" used in relation to importation or exportation
includes any restriction on such importation or exportation;
"public postal network" means the system of organisation and
resources of all kinds used by the universal service provider for the
purposes in particular of:
(i) the clearance of postal articles covered by a universal
service obligation from access points throughout
Malta,
(ii) the routing and handling of those articles from the
postal network access point to the distribution centre,
(iii) distribution to the addresses shown on articles;
"registered article" means a service providing a flat-rate
guarantee against risks of loss, theft or damage and supplying the
sender, where appropriate upon request, with proof of the handing
in of the postal article or of its delivery to the addressee;
"reserved services" means the services so described in article 20;
"sender" means a legal or natural person responsible for
originating postal articles;
"terminal dues" means the remuneration of the universal service
provider for the distribution of incoming cross-border mail
comprising postal articles from another country;
"universal service provider" means the public or private entity
providing the universal postal service within Malta as may be
designated by the Minister by notice in the Gazette; 
"users" means any legal or natural person benefiting from
universal service provision as a sender or an addressee;
"working day" means a day which is not a Sunday or public holiday.
(2) Any reference in this Act to Customs, Customs duty or laws
and regulations relating to Customs, shall include a reference to
any prohibition of, and any licence or permits required for, the
importation or exportation of goods into or out of Malta, and to any
laws and regulations relating thereto.
  6      CAP. 254. ħ                   POSTAL SERVICES  
PART II 
Substituted by:
XXVII. 2002.6.
REGULATION AND ADMINISTRATION OF POSTAL SERVICES
Regulatory 
authority.
Amended by. 
XVIII. 1977.3.
Substituted by:
XXVII. 2002.7.
3. (1) The Authority is designated as the competent regulatory
authority for the postal sector and shall monitor and ensure compliance
with this Act and any regulations made thereunder.
(2) The Authority shall interpret the term "significant number of
addressees" in relation to direct mail and publish by notice in the
Gazette an appropriate definition from time to time.
(3) For the purposes of its functions under this Act or any
regulations made thereunder the Authority may:
( a ) require any postal operator to provide any information as
the Authority may require;
( b ) enter and search any premises where postal operations
may be conducted other than premises used exclusively
as a place of residence. No entry and search shall be
conducted between seven in the evening and seven in the
morning:
Provided that when required, the officer of the Authority, in
undertaking such functions, shall produce a written authorisation
signed by the Chairman of the Authority. The Authority may
furthermore request the assistance of the Police in the performance of
such functions.
Postal Services 
Appeals Board.
Substituted by:
XXVII. 2002.8.
4. (1) There shall be a Postal Services Appeals Board,
consisting of three members, of whom one, who shall be the
chairperson, shall be a person who has practised as an advocate for not
less than seven years.
(2) The members of the Appeals Board shall be appointed by the
Prime Minister for a period not exceeding three years, and shall be
eligible for re-appointment.
(3) A person shall not be qualified to be appointed as, or to remain
a member of the Appeals Board if he is a serving judge or magistrate
or a member of the House of Representatives or of a Local Council or
a public officer.
(4) A member of the Appeals Board shall be disqualified from
hearing an appeal in such circumstances as would disqualify a judge in
a civil suit; and in any such case he shall be substituted by another
person appointed for the purpose by the Prime Minister.
(5) A member of the Appeals Board may be removed from office
by the Prime Minister on the grounds of gross negligence, conflict of
interest, incompetence, or acts or omissions unbecoming a member of
the Appeals Board.
(6) The Minister shall designate a person to serve as secretary to
the Appeals Board and such person shall serve in such capacity in
accordance with ethical standards which conform to public service
values.
(7) A member of the Board shall not, for a period of one year
                                           POSTAL SERVICES  ġ CAP. 254.              7
following the termination of his appointment, engage in any activity
which would have been incompatible with the exercise of his function
had he been a member of the Board.
Functions and 
procedure of the 
Postal Services 
Appeal Board.
Added by:
XXVII. 2002.9.
5. (1) An aggrieved person may appeal any final decision
given by the Authority in the exercise of its functions by and under
this Act, before the Appeals Board:
Provided that a decision of the Authority to impose an
administrative fine under this Act may only be contested in
accordance with the procedure as may be stipulated under this Act.
(2) An appeal to the Appeals Board may be filed on any of the
following grounds -
( a ) that a material error as to the facts has been made;
( b ) that there was a material procedural error;
( c ) that an error of law has been made;
( d ) that there was some material illegality, including
unreasonableness or lack of proportionality:
Provided that a party in making an appeal to the Appeals
Board shall also explain its juridical interest in impugning the
decision appealed from.
(3) The Appeals Board shall give reasons for its decision and
shall cause such decisions to be made public.
(4) In determining an appeal under this article the Appeals
Board may:
( a ) dismiss the appeal;
( b ) annul the decision,
and where the Appeals Board annuls the decision it may refer the
matter to the Authority or the Minister (as the case may be) with a
direction to reconsider it and reach a decision in accordance with
the findings of the Appeals Board.
(5) The effect of a decision to which an appeal relates shall not,
except where the Appeals Board or the Court of Appeal (Inferior
Jurisdiction), as the case may be, so orders, be suspended in
consequence of the bringing of the appeal.
(6) In the exercise of its functions, the Appeals Board may
summon any person to appear before it and give evidence and
produce documents; and the chairperson shall have the power to
administer the oath. The Appeals Board may also appoint experts to
advise it on any technical issue that may be relevant to its decision.
(7) For the purpose aforesaid the Appeals Board shall have the
same powers as are competent to the First Hall, Civil Court
according to law.
(8) The procedure to be followed before the Appeals Board, the
time within which and the manner in which an appeal to the Board
is to be made shall be such as may be prescribed; and subject
thereto and to any other applicable provision of this Act, the Board
may establish its own procedure.
  8      CAP. 254. ħ                   POSTAL SERVICES  
Appeal to the 
Court of Appeal 
(Inferior 
Jurisdiction).
Added by:
XXVII. 2002.9.
6. (1) Any party to an appeal before the Appeals Board who
feels aggrieved by a decision of the Board, or the Authority if it
feels dissatisfied with any such decision, may on a question of law
appeal to the Court of Appeal (Inferior Jurisdiction) by means of an
application filed in the registry of that court within thirty days from
the day when the decision is delivered by the Appeals Board.
(2) The Minister responsible for justice may by regulations
under this subarticle establish fees payable in the registry of the
court for the filing of judicial acts under this article in the Court of
Appeal (Inferior Jurisdiction):
Cap. 12.
Provided that until such fees are so established by the
Minister, the fees contained in Schedule A to the Code of
Organization and Civil Procedure shall apply.
(3) The board established under article 29 of the Code of
Organization and Civil Procedure may make rules governing
applications under this article.
Requirement of 
authorisation for 
postal services.
Added by:
XXVII. 2002.9.
7. (1) No person shall provide postal services in Malta unless
he is an authorised provider.
(2) An authorisation granted to a person under this Act shall
not relieve such person from the requirement of any other licence
or other authorisation, or from any obligation arising under any
other law.
(3) The provisions of this article shall not be contravened by
any activities listed as being exempt from the said provisions in
regulations which the Minister after consultation with the Authority
may from time to time prescribe.
Individual licences 
and general 
authorisations.
Added by:
XXVII. 2002.9.
8. (1) An authorisation to operate or provide postal services
may be granted:
( a ) by individual licence granted by the Authority in
accordance with this Act -
(i) in respect of reserved services as defined in
article 20; and
(ii) to the extent necessary in order to guarantee
compliance with essential requirements and to
safeguard the universal service, in respect of
services which are not reserved services but
which are within the scope of the universal
services as defined in article 17(5);
( b ) in accordance with a general authorisation issued by
the Authority in respect of non-reserved services
which are outside the scope of the universal services as
defined in article 17(5).
(2) The granting of authorisations under this Act may be made
subject to conditions imposing:
(i) universal service obligations;
(ii) requirements concerning the quality, availability and
performance of the postal services as may be included
                                           POSTAL SERVICES  ġ CAP. 254.              9
in such authorisation; and
(iii) obligations not to infringe the exclusive or special
rights granted to the universal service provider or
providers for the reserved postal services as defined in
article 20.
(3) An individual licence granted under this Act may include -
( a ) such conditions (whether relating to the postal services
to which the individual licence relates or otherwise) as
appear to the Authority to be requisite or expedient
having regard to the duties of the Authority and to the
international obligations of Malta;
( b ) conditions requiring the payment to the Authority of a
fee on the grant of the individual licence or of
payments during the currency of the individual licence
or both, which fee or payments shall be of such
amount or amounts (which may also be determined by
reference to the licensee’s income, sales or turnover)
as may be determined in the individual licence;
( c ) in the case of an individual licence granted to all
persons or to persons of a class, conditions requiring
any person or any person who falls within the class of
persons to which the individual licence relates, to
notify the Authority of his intention to run postal
services under that individual licence;
( d ) conditions requiring the licensee to comply with any
directives given by the Authority as to matters stated
in the individual licence;
( e ) conditions requiring the licensee to do or not to do
such things as may be specified in the individual
licence;
( f ) conditions obliging the licensee to refer for
determination by the Authority such questions arising
under the individual licence as are specified in the
individual licence;
( g ) such other conditions as may be prescribed.
Grant or refusal of 
authorisation.
Added by:
XXVII. 2002.9.
9. (1) The Authority shall complete its investigations within a
reasonable time or within such time as may be prescribed and shall
thereupon report to the Minister recommending whether the
authorisation applied for is to be granted or not.
(2) If the recommendation is that an authorisation is to be
granted, and the Minister agrees with the recommendation, the
Authority shall approve the application and grant the individual
licence under the Minister’s signature.
(3) If the Authority is of the opinion that the application should
be refused for any of the reasons set out in article 10, it shall inform
the Minister accordingly and refuse the authorisation.
(4) If the Authority recommends that the application be
approved but the Minister disagrees with such recommendation on
  10      CAP. 254. ħ                   POSTAL SERVICES  
any of the grounds indicated in article 10, the application shall be
refused.
(5) Decisions of the Authority and of the Minister made in
pursuance of this article shall include reasons for the decision and
shall be published in the Gazette.
(6) The Authority shall inform the applicant of its decision to
grant or refuse an authorisation within twelve weeks from the date
when it receives the application in a complete state and drawn up in
a manner that complies with the provisions of this Act:
Provided that such period may be extended to up to six
months in the following cases:
( a ) where there is disagreement between the decision of
the Authority and that of the Minister as to whether an
authorisation should be issued; or
( b ) where an application requires consultation between the
Authority and any Government department or other
authority with regard to any aspect of the provision of
postal services applied for.
(7) The time limits provided for in this article shall be without
prejudice to any applicable international agreements relating to
postal services.
Grounds for 
refusal.
Added by:
XXVII. 2002.9.
10. (1) The Authority may refuse to authorise a person to
operate or provide postal services, if it is of the opinion that the
grant of the authorisation would - 
( a ) be against the public interest, or is inconsistent with
Government policy, and the Minister agrees;
( b ) be inconsistent with the provisions of this Act or of
any other law, or with any international commitment
undertaken or in the process of being undertaken by
Malta;
( c ) pose a danger or nuisance to the public or damage to
any property, or obstruct or interfere with any lawfully
operated postal services;
( d ) authorise an applicant applying for an individual
licence, when he does not demonstrate to the Authority
that he fulfils the conditions for the grant of such a
licence.
(2) The Authority may also refuse to grant the authorisation
applied for if it has grounds to believe that the applicant is not a fit
and proper person to hold the authorisation applied for, or is not in
a position, because of the financial and other specific
circumstances of the applicant, to comply with the provisions of
this Act or of any regulations made thereunder or with the
conditions of the licence if granted.
(3) The Authority shall communicate in writing to the applicant
the decision to refuse an application and it shall set out briefly in
writing the reasons for such a decision.
                                           POSTAL SERVICES  ġ CAP. 254.              
Non-compliance 
with conditions of 
general 
authorisations.
Added by:
XXVII. 2002.9.
11. (1) Where a person enjoying a general authorisation does
not comply with a condition attached to a general authorisation, the
Authority may inform that person that he is not entitled to avail
himself of the general authorisation and it may impose on that
person such measures as may be necessary to ensure compliance by
him with the conditions of the general authorisation.
(2) The Authority shall at the same time give such person as
referred to in subarticle (1) a reasonable opportunity to state his
views on the applications of the conditions and to remedy any
breaches within one month from the intervention of the Authority.
(3) If the person as referred to in subarticle (1) remedies the
breaches to the satisfaction of the Authority, the Authority shall,
within two months of its initial intervention, revoke or modify its
decision as it may consider appropriate and it shall give the reasons
for its decision.
(4) If the person as referred to in subarticle (1) does not remedy
the breaches the Authority shall, within two months of its initial
intervention, confirm the decision and give the reasons for its
decision. The decision of the Authority shall be communicated
within one week of its adoption to the person concerned.
Non-compliance of 
individual licences.
Added by:
XXVII. 2002.9.
12. (1) Where the beneficiary of an individual licence does
not comply with a condition attached to the licence, the Authority
may withdraw, amend or suspend the individual licence or impose
such measures as it may consider appropriate to ensure compliance.
(2) The Authority shall at the same time give the beneficiary
concerned a reasonable opportunity to state his views on the
application of the condition and, except in the case of repeated
breaches by the said beneficiary (in which case the Authority can
immediately take appropriate measures), to remedy any breaches
within one month commencing from the date of the intervention of
the Authority. 
(3) If the beneficiary concerned remedies the breaches the
Authority shall within two months from its initial intervention
revoke or modify its decision as it deems appropriate and it shall
give the reasons for its decision.
(4) If the beneficiary concerned does not remedy the breaches
the Authority shall, within two months from its initial intervention,
confirm its decision and give the reasons for its decision. The
decision shall be communicated within one week from its adoption
to the beneficiary concerned.
(5) Decisions of the Authority taken in pursuance of subarticles
(3) and (4) shall be appealable to the Appeals Board .
Transferability of 
authorisation.
Added by:
XXVII. 2002.9.
13. (1) No licence or other authorisation, whether it is an
individual licence or an entitlement to act under a general
authorisation, may be transferred or assigned by the authorised
provider to another person without the prior consent in writing of
the Authority. The decision of the Authority in this regard shall be
communicated in writing, and the Authority shall give the reasons
for its decision.
  12      CAP. 254. ħ                   POSTAL SERVICES  
(2) Where the authorised provider is a body corporate or
another body of persons, a change in the control of the ownership
or management of that body shall be equivalent to the transfer of
the authorisation, and shall be subject to the prior consent of the
Authority as aforesaid.
Application for 
authorisation.
Added by:
XXVII. 2002.9.
14. (1) Any person seeking an authorisation by means of an
individual authorisation shall apply to the Authority on such form
and in such manner as may be prescribed, or as may be provided or
required by the Authority, and shall provide to the Authority all
such information as may be prescribed and as the Authority may
require to enable it to assess the application.
(2) The application shall in particular specify the postal service
for which it is made and shall include such information as may be
prescribed or, in the absence of such prescription, such information
as is sufficient to demonstrate that the applicant fulfils the
conditions for the grant of the authorisation.
(3) Upon receipt of an application as aforesaid the Authority
shall cause the fact that an application has been made, to be
published in the Gazette, giving such details as it may deem
appropriate to enable any person wishing to make representations
about the application.
(4) The Authority shall consider the application after
conducting the necessary investigations and considering any
representations made in respect thereof, and may for this purpose
require from any person any further information it may deem
necessary.
(5) Anything to be done under this article shall be done in such
form and manner and within such time as may be prescribed.
Transfer of assets.
Added by:
XI. 1998.2.
Amended by:
XXVII. 2002.2, 5, 
10.
15. (1) In granting a licence under this Act, or at any time
during the validity of any such licence, the Minister may also by
legal notice order that where on any date as may be specified by the
Minister any premises are held under a title of lease, emphyteusis
or similar title by the Government of Malta and are used as a post
office, such premises shall as from a date and or such time as may
be specified by the Minister, be held by such person or body of
persons holding a licence under this Act as the Minister may
designate, under the same title under which they were held by the
Government and such order shall have effect for such period or
periods as may be specified in the order or in any extension thereof
notwithstanding anything contained in any other law or in any
deed, instrument or contract whatsoever, as if the deed, instrument
or contract granting title to said premises were entered into with
such person or body of persons as aforesaid. Upon the expiration of
such period or periods as may be specified under this article or
upon the revocation of any order as aforesaid by the Minister, the
premises subject to any order as aforesaid shall revert to
Government under the same title and conditions under which they
were held by Government prior to the making of any said order.
For the purposes of this article "conditions" shall include
any right to periodic renewal of a lease granted under any law
                                           POSTAL SERVICES  ġ CAP. 254.              
applicable to any lease held by Government prior to the making of
an order under this article.
(2) Where any premises were at any time held by Government
under a title of lease and were still used as a post office on the date
of issue of a licence under this Act such lease shall in any case be
deemed to have continued in favour of Government up to the date
of the making of an order in terms of the provisions of subarticle
(1) and the said provisions shall apply and shall have effect in
respect of such premises.
(3) When the premises used as a post office consist of part of
larger premises subject to a lease in favour of Government, the said
lease shall remain in force in favour of Government and that part of
the premises used as a post office may, notwithstanding the
provisions of any other law or of any deed, instrument or contract
whatsoever, be granted on sub-lease by Government to a person or
body of persons holding a licence under this Act for use as a post
office.
Cap. 268.
(4) In granting a licence under this Act, or at any time during
the validity of any such licence, the Minister may by legal notice
order that where any premises owned by Government or held by
Government in terms of the provisions of any law were on any day
as may be specified by him used by the Government as a post
office, the Commissioner of Land may, notwithstanding the
provisions of the Disposal of Government Land Act, lease for use
as a post office or in connection with the provision of postal
services whether exclusively or otherwise or, when the premises
are Government property, transfer under any title as the case may
be, such premises to any person or company as may be designated
by the Minister and holding a licence under article 5A under such
conditions as may be considered suitable without the need of any
resolution or other procedure required by the said Disposal of
Government Land Act.
Persons expressly 
forbidden to carry 
or receive letters 
and postcards.
Amended by:
XXVII. 2002.2.
16. (1) Whenever post or postal communications are
established, the persons mentioned in subarticle (2) shall not
collect, carry, tender or deliver letters or postcards or receive letters
or postcards for the purpose of carrying or delivering the same,
even though they do not receive any hire, reward or other profit or
advantage for so doing.
(2) The persons referred to in subarticle (1) are-
 ( a ) common carriers of passengers or goods and their
servants or agents, except as regards letters and
postcards relating solely to goods carried by them; and
( b ) owners and masters of ships and owners and pilots of
aircraft, sailing or passing to or from any port or place
in Malta, and their servants or agents, except as
regards letters and postcards relating solely to goods
on board and except as regards postal articles received
for conveyance under article 56.
  14      CAP. 254. ħ                   POSTAL SERVICES  
Universal services.
Added by:
XXVII. 2002.11.
17. (1) ( a )  Users at all points in Malta shall enjoy the right to a
universal service involving the permanent provision of
a postal service of a quality as may be prescribed and,
subject to article 21(1), at affordable prices for all
users.
( b ) The Authority shall issue directives to the universal
service provider in respect of the quality of the postal
service to be provided hereunder. Before issuing such
directives the Authority may consult such interested
parties as it deems appropriate in the circumstances.
( c ) The Authority shall publish details of any directives
under paragraph ( b ) in the Gazette.
(2) The Authority shall issue directives to the universal service
provider, after such consultation with interested parties as it may
consider appropriate, to ensure that the density of access points
takes account of the needs of users.
(3) ( a ) The Minister shall, after consultation with the
Authority, by notice in the Gazette designate a postal
operator as the universal service provider having an
obligation to provide all the universal services.
( b ) The Minister may, after consultation with the
Authority, by notice in the Gazette withdraw, amend or
suspend any designation made under paragraph ( a ),
provided that, prior to the effective date of any such
withdrawal, the Minister has designated another postal
operator under this article in respect of the service
concerned affected by such withdrawal.
(4) ( a ) The universal service provider shall guarantee, on
every working day and not less than five days a week,
save in circumstances deemed exceptional by the
Authority, as minimum:
(i) one clearance,
(ii) one delivery to the home or premises of every
person or, by way of derogation, under
conditions at the discretion of the Authority, one
delivery to appropriate installations.
( b ) The Authority may issue directives to a universal
service provider, after such consultation with
interested parties as it may deem appropriate, for the
purpose of ensuring compliance by the provider with
its obligations under paragraph ( a ) and with the
requirements set out in article 18.
(5) Universal service shall include the following minimum
facilities:
( a ) the clearance, sorting, transport and distribution of
postal articles up to two kilogrammes;
( b ) the clearance, sorting, transport and distribution of
postal packages up to ten kilogrammes;
                                           POSTAL SERVICES  ġ CAP. 254.              
( c ) services for registered articles;
( d ) services for insured articles within Malta and to and
from all countries which, as signatories to the
Convention of the Universal Postal Union, declare
their willingness to admit such articles whether
reciprocally or in one direction only; and
( e ) a basic counter service throughout Malta.
(6) The minimum and maximum dimensions for postal articles
in question shall be those laid down in the 1994 Seoul Convention
and the Agreement concerning Postal Parcels adopted by the
Universal Postal Union or by any other convention as the Minister
may prescribe.
(7) The universal service as defined in this article shall cover
both inland and cross-border services.
Requirements of 
universal service.
Added by:
XXVII. 2002.11.
18. The universal service provider shall meet the following
requirements with respect to provision of the universal service:
( a ) the service shall guarantee compliance with the
essential requirements;
( b ) an identical service shall be offered to users under
comparable conditions;
( c ) the service shall be made available without any form
of discrimination whatsoever, especially without
discrimination arising from political, religious or
ideological considerations;
( d ) the service shall not be interrupted or stopped except
in cases of  force majeure ; and
( e ) the service shall evolve in response to the technical,
economic and social environment and to the needs of
users.
Information on 
universal service.
Added by:
XXVII. 2002.11.
19. (1) The universal service provider shall provide users with
regular, detailed and up to date information on the particular
features of the universal service, with special reference to the
general conditions of access to the service, as well as to prices and
quality standard levels.
(2) Information referred to in subarticle (1) shall be published
at least annually by the universal service provider in a manner that
is to the satisfaction of the Authority.
Reserved services.
Added by:
XXVII. 2002.11.
20. (1) The services which shall be reserved for the universal
service provider designated in accordance with this Act, shall be
the clearance, sorting, transport and delivery of articles of inland
correspondence, cross-border and direct mail, whether by
accelerated delivery or not, the price of which is less than five
times the inland public tariff for an article of correspondence in the
first weight step of the fastest standard category, provided that they
weigh less than 350g:
Provided that such weight or price restrictions shall not
apply with regard to a free postal service for the blind or partially
  16      CAP. 254. ħ                   POSTAL SERVICES  
sighted persons that may be provided by the universal service
provider.
(2) Document exchange shall not be reserved.
(3) The Minister may, after consultation with the Authority, by
regulation amend or revoke the weight or price restrictions stated in
subarticle (1).
Tariff principles 
and transparency 
of accounts.
Added by:
XXVII. 2002.11.
21. (1) The tariffs for each of the services provided by a
universal service provider which form part of its universal service
shall comply with the following principles:
( a ) prices must be affordable and must be such that all
users have access to the services provided;
( b ) prices must be geared to costs;
( c ) with the consent of the Minister, the Authority may
decide that a uniform tariff shall be applied throughout
Malta;
( d ) the application of a uniform tariff shall not exclude the
right of the universal service provider to conclude
individual agreements on prices with customers;
( e ) tariffs must be transparent and non-discriminatory;
( f ) whenever a universal service provider  applies special
tariffs, for example for services for business, bulk
mailers or consolidators of mail from different
customers, it shall apply the principles of transparency
and non-discrimination with regard both to the tariffs
and to the associated conditions. The tariffs shall take
account of the avoided costs, as compared to the
standard service covering the complete range of
features offered for the clearance, transport, sorting
and delivery of individual postal articles and together
with the associated conditions, shall apply equally
both as between different third parties and as between
third parties and the universal service provider when
supplying equivalent services. Any such tariffs shall
also be available to private customers who post under
similar conditions; and
( g ) cross-subsidisation of universal services outside the
reserved sector out of revenues from services in the
reserved sector shall be prohibited except to the extent
to which it is shown to be strictly necessary to fulfil
specific universal service obligations imposed in the
competitive areas.
(2) Where the Authority is of the opinion that the universal
service provider is not complying with the principles laid down in
subarticle (1), the Authority may, after consultation with the
Minister and, in the case of subarticle (1)( c ), with the consent of
the Minister, issue directives to the provider for the purposes of
satisfying the requirements specified in subarticle (1).
                                           POSTAL SERVICES  ġ CAP. 254.              
Agreements on 
terminal dues.
Added by:
XXVII. 2002.11.
22. (1) In order to ensure the cross-border provision of the
universal service, the universal service provider shall, where
appropriate international legal frameworks so allow, arrange in its
agreements on terminal dues for cross-border mail that the
following principles are respected:
( a ) terminal dues shall be fixed in relation to the costs of
processing and delivering incoming cross-border mail,
( b ) levels of remuneration shall be related to the quality of
service achieved, and
( c ) terminal dues shall be transparent and non-
discriminatory.
(2) The Authority may issue directives to the universal service
provider, after such consultation with such interested parties as it
may deem appropriate, for the purpose of ensuring compliance by
the provider with the principles set out in subarticle (1).
(3) The implementation of the principles set out in subarticle
(1) may include transitional arrangements, designed to avoid undue
disruption on postal markets or unfavourable implications for
economic providers of postal services, provided there is agreement
between the operators of origin and receipt. Such arrangements
shall, however, be restricted to the minimum required to achieve
these objectives.
Accounting.
Added by:
XXVII. 2002.11.
23. The accounting procedures of the universal service
provider shall be conducted in accordance with the Third Schedule.
The Minister may, after consulting the Authority, by notice in the
Gazette amend the Third Schedule.
Quality of service.
Added by:
XXVII. 2002.11.
24. (1) Quality-of-service standards in relation to the
universal service, paying attention in particular, to routing times
and to the regularity and reliability of services, shall be set and
published from time to time by the Authority, having taken into
account such views of interested parties as it may deem necessary.
The Authority may by regulation establish quality standards in
respect of cross-border mail.
(2) Compliance with quality-of-service standards by the
universal service provider shall be monitored by the Authority
which shall from time to time make a report on the results of the
monitoring exercise.
Adoption of 
quality standards.
Added by:
XXVII. 2002.11.
25. (1) The Authority shall prescribe quality standards for
inland mail. The Minister may after consultation with the Authority
require that such standards be compatible with any international
standards as the Minister may by order in the Gazette establish.
(2) The Authority shall monitor the performance by a universal
service provider of the universal service in accordance with the
quality standards for inland mail.
(3) Where the Authority is of the opinion that the performance
levels of the universal service provider do not meet or have not met
the required standards laid down under subarticle (1), the Authority
shall give such directives or orders to ensure that the provider takes
  18      CAP. 254. ħ                   POSTAL SERVICES  
corrective action where necessary.
Exemptions from 
quality standards.
Added by:
XXVII. 2002.11.
26. (1) Exemptions from any quality standards as may be
prescribed in accordance with or under this Act may be determined
by the Authority where the Authority is satisfied that exceptional
situations relating to infrastructure or geography so require.
(2) The Authority may give directives to the universal service
provider to take corrective action where necessary when it
considers that quality standards which form part of the universal
service are not being met.
Complaints and 
dispute resolution.
Added by:
XXVII. 2002.11.
27. (1) In accordance with guidelines which shall be laid
down by the Authority, the universal service provider shall draw up
transparent, simple and inexpensive procedures to deal with
complaints by users, particularly in cases involving non-
compliance with service quality standards. These procedures shall
enable disputes to be settled fairly and promptly and in an
inexpensive manner.
(2) The universal service provider shall at least once every
calendar year publish information on the number of complaints
received, detailing what they were about and how they were dealt
with.
Consultation with 
interested parties.
Added by:
XXVII. 2002.11.
28. (1) The Authority shall take into account the views of
interested parties as it may consider appropriate in relation to its
functions under this Act or any regulations made thereunder, in
accordance with any procedures that the Authority may draw up for
that purpose.
(2) Where the Authority establishes any procedures as referred
to in subarticle (1), it shall publish notice thereof in the Gazette.
Exemption from 
liability for loss, 
misdelivery, delay 
or damage.
Substituted by:
XXVII. 2002.12.
29. The postal operator shall not incur any liability for
compensation by reason of loss, misdelivery, or delay of, or
damage to, any postal article in the course of transmission by post,
unless such compensation - 
( a ) has been agreed to by the postal operator and the
sender, or
( b ) has been established by regulations as may from time
to time be prescribed under this Act, irrespective of the
value of the article:
Provided neither the Authority or any of its officers or any
officer of a postal operator shall incur any liability by reason of any
such loss, misdelivery, delay, or damage, unless the same has been
caused in bad faith or recklessly.
Declaration to be 
made by postal 
officers.
Amended by:
XXVII. 2002.2, 13.
30. A person shall not enter upon the duties of an officer of a
postal operator unless he has first made on oath, the declaration
contained in the First Schedule.
                                           POSTAL SERVICES  ġ CAP. 254.              
PART III 
INLAND POST 
Inland postage and 
ancillary fees.
Amended by:
XXVII. 2002.2, 14.
31. The Minister may by regulations - 
( a ) establish for the reserved services the rates of postage
and the postal fees  to be charged on postal articles sent
from one place to another in Malta;
( b ) prescribe the classification of inland postal articles,
the scale of weights, the dimensions, and the other
terms and conditions, according or subject to which
the rates of postage and the postal fees shall be
charged;
( c ) regulate the prepayment of postage and postal fees on
inland postal articles and prescribe the manner in
which prepayment is to be made;
( d ) prescribe the postage and the postal fees to be charged
on inland postal articles when the postage or the
postage fees are not prepaid or are insufficiently
prepaid;
( e ) provide for the re-direction of postal articles, and the
transmission by post of articles so re-directed, either
free of charge or subject to such further charge as may
be specified in the regulations;
( f ) prescribe the terms and conditions subject to which
inland postal articles may be registered and insured,
and the compensation payable for the loss of or
damage to such articles;
( g ) provide for the free transmission by post of such
returns or other information as may be specified in the
regulations;
( h ) provide for the carrying out of any of the purposes of
this Act in regard to inland post.
PART IV 
FOREIGN POST
Foreign postage 
and ancillary fees. 
Amended by: 
XVIII. 1977.4;
XXVII. 2002.2, 5, 
15.
32. (1) The Minister may, for the purpose of giving effect to
the provisions of the Conventions, Acts, Agreements or
Regulations of the Universal Postal Union or of any convention or
agreement made with any foreign country or with any Postal
Administration outside Malta, make regulations for the conveyance
of postal articles to any place outside Malta, for the delivery in
Malta of postal articles received from outside Malta, and for the
interchange with other countries of money orders, postal orders,
payment cards and similar instruments for the remittance of money.
(2) Without prejudice to the generality of the foregoing
provisions of this article, such regulations may in particular -
  20      CAP. 254. ħ                   POSTAL SERVICES  
( a ) prescribe for the reserved services the rates of postage
and postal fees , the classification, the scale of weights,
the dimensions, and the other terms and conditions,
according or subject to which foreign postal articles
shall be transmitted;
( b ) require for the reserved services the prepayment of
postage and postal fees  on postal articles posted for
transmission abroad and prescribe the manner in which
prepayment is to be made;
( c ) prescribe for the reserved services the postage and postal
fees  to be charged on foreign postal articles when the
postage or the postal fees are not prepaid or are
insufficiently prepaid;
( d ) prescribe the terms and conditions subject to which
foreign postal articles may be registered and insured; 
( e ) provide for the transmission and delivery of "cash on
delivery" postal articles and the special charges to be
levied thereon;
( f ) prescribe the manner and conditions in and subject to
which money orders, postal orders, payment cards and
similar instruments for the remittance of money may
be issued and paid, and the rates of commission
leviable thereon;
( g ) provide for the granting of compensation for the loss
of or damage to foreign postal articles in course of
transmission by post, and the conditions and
limitations subject to which such compensation shall
be granted;
( h ) modify or except, subject to the provisions of this Act,
the application to postal articles received from abroad
of any laws or regulations for the time being in force
relating to the Customs, for the purpose of securing, in
the case of such postal articles, the observance of such
laws or regulations;
( i ) make provision for enabling officers of a postal
operator to perform, for the purpose of the customs
laws, all or any of the duties of the importer and
exporter.
Application of 
Customs laws.
Amended by:
XXVII. 2002.2.
33. Subject to the provisions of this Act and to any exceptions
and modifications made by regulations under article 32, the
provisions of all laws and regulations for the time being in force
relating to Customs shall apply to goods contained in any postal
article received from abroad, in like manner, as far as is consistent
with the tenor thereof, as they apply to other goods; and in relation
to those goods, persons may be punished for offences against the
said laws and regulations, and goods may be examined, seized and
forfeited, and the officers examining and seizing them shall be
protected, and legal proceedings in relation to the matters aforesaid
may be taken accordingly, under the said laws and regulations.
                                           POSTAL SERVICES  ġ CAP. 254.              
Transmission by 
post of dutiable 
articles. 
Amended by: 
XVIII. 1977.5;
XXVII. 2002.2, 16.
34. (1) Any postal article containing goods subject to the
payment of Customs duty shall, unless specially exempted by
regulations made under this Act, be accompanied by or bear a
declaration of the contents and of the value of the goods.
(2) No letter posted in Malta for delivery in a country which
has not given its consent to the admission of dutiable goods by
letter post, shall contain any such goods.
(3) Goods, subject to the payment of Customs duty, posted or
tendered for conveyance by post in contravention of the foregoing
provisions of this article, may be detained and returned to the
sender.
(4) Goods concealed or packed in any postal article in such a
manner as to reveal a fraudulent intention on the part of the sender
or addressee to evade the payment of Customs duty shall be
confiscated by the Comptroller of Customs:
Provided that where the postal operator or the Authority have
reason to believe that the provisions of this subarticle may have been
contravened they shall withhold delivery of the postal article to its
addressee and shall inform the Comptroller of Customs accordingly.
(5) Postal articles unaccompanied by a declaration of contents
and value as aforesaid, or accompanied by a false declaration of
either contents or value, or bearing a false indication of contents, or
containing goods the importation or exportation whereof into or out
of Malta is prohibited, may be confiscated, together with their
contents, by the Comptroller of Customs:
Provided that where the postal operator or the Authority have
reason to believe that the provisions of this subarticle may have been
contravened they shall withhold delivery of the postal article to its
addressee and shall inform the Comptroller of Customs accordingly.
(6) In either of the cases contemplated in subarticles (4) and
(5), the sender or addressee may, within three months of the
notification to the addressee of such confiscation, take proceedings
against the  Comptroller of Customs  to show cause why such goods
should not be released.
Opening of postal 
articles for the 
purpose of 
enforcing Customs 
laws.
Amended by:
XXVII. 2002.2, 5, 
17.
35. (1) All postal articles, except letters, received from abroad
may be opened and examined at any post office by an officer of the
Customs in the presence of an officer of a postal operator, for the
purpose of enforcing the provisions of any law or regulation
relating to Customs.
(2) Such postal articles, after being opened, shall be repacked
in a suitable cover, secured by a seal, bearing the inscription
"Opened by Customs".
(3) Letters containing articles liable to Customs duty
accompanied by a declaration of contents and value, and bearing on
the outside a declaration that they may be opened officially, may be
opened under the same conditions laid down in the two preceding
subarticles.
(4) If any letter received from abroad not bearing a declaration
  22      CAP. 254. ħ                   POSTAL SERVICES  
that it may be opened officially, is reasonably suspected to contain
goods subject to payment of Customs duties or the importation of
which into Malta is prohibited, the Authority may direct that it be
opened in such a manner as the Authority thinks fit, in the presence
of the addressee, or in his absence, if, having been notified in
writing to attend at the opening, the addressee shall fail to do so
within seven working days:
Provided that where a postal operator has a reasonable cause
to suspect that the provisions of subarticle (4) has been contravened,
the postal operator shall not deliver the postal article to its addressee
and shall notify the Comptroller of Customs accordingly by the next
working day.
PART V 
POSTAGE STAMPS
Provision of 
postage stamps.
Amended by:
XVIII. 1977.6.
Substituted by:
XXVII. 2002.18.
36. (1) The Minister shall be responsible for the approval of
stamp issues and the formulation of a programme in respect of
stamp issues. In doing so the Minister shall consult a stamp
advisory board consisting of a chairman and not less than four and
not more than eight other members appointed by the Minister for a
term of not more than three years, which term may be renewed. The
Board shall regulate its own procedure in the conduct of its
business.
(2) The Minister may, after consultation with the postal
operators concerned, by notice published in the Gazette, direct that
any postage stamps, in use at the time of such notice, shall be no
longer valid for prepayment of postage, and from and after any day
stated in such notice, any postal article stamped with postage
stamps so invalidated, shall be deemed to be not duly stamped for
the purposes of this Act and of any directives or regulations made
thereunder:
Provided that any person, having in his possession any
postage stamps invalidated by the Minister as aforesaid, may at any
time within two months after the day stated in the said notice,
surrender the same to a postal operator, who shall exchange them
for other valid postage stamps of an equal value.
(3) The Minister may, after consultation with the Authority,
make regulations with regard to the activity and functions of the
Board.
Fictitious or used 
postage stamps.  
Amended by: 
XVIII. 1977.7;
XXVII. 2002.2, 5, 
19.
37. (1) Where a postal article is received by post at any post
office - 
( a ) bearing a fictitious stamp; or
( b ) purporting to be prepaid with any postage stamp which
has been previously used to prepay any other postal
article, or which has otherwise been previously used
for any other purpose,
                                           POSTAL SERVICES  ġ CAP. 254.              
an officer of a postal operator shall, if the addressee resides in
Malta, send a notice to the addressee inviting him to attend, either
in person or by means of an agent, within a specified time at a post
office to receive delivery of the postal article, and, if the addressee
resides abroad,  the postal operator shall deal with the postal article in
such manner as the Authority may deem, in the circumstances,
appropriate .
(2) If the addressee or his agent attends at a post office within
the time specified in the notice and consents to make known to the
said officer the name and address of the sender of the postal article
and to re-deliver to the officer aforesaid the portion of the postal
article which bears the address and the fictitious or previously used
postage stamp or, if the postal article is inseparable from the stamp,
the entire postal article, the postal article shall be delivered to the
addressee or his agent.
(3) If the addressee, or his agent, fails to attend at a post office
within the time specified in the notice, or, having attended within
that time, refuses to make known the name and address of the
sender or to re-deliver the postal article or portion thereof as
required by subarticle (2), the postal article shall not be delivered
to him, but shall be disposed of  by the postal operator in such manner
as the Authority may direct , forfeiture excluded.
Regulations for the 
custody, supply 
and sale of postage 
stamps, etc. 
Substituted by: 
XVIII. 1977.8.
Amended by:
XXVII. 2002.2, 20.
38. The Minister  after consultation with the Authority  may make
regulations to provide for the custody, supply, sale and use of
postage stamps and postal stationery, including the sale of such
stamps and postal stationery for philatelic purposes and the levying
of appropriate charges connected therewith, and for the use of
franking machines for the purpose of denoting the prepaying of
postage in place of postage stamps.
PART VI
TRANSMISSION AND DELIVERY OF POSTAL ARTICLES
Posting and 
delivery of postal 
articles.
Substituted by:
XXVII. 2002.21.
39. The Authority may give directives establishing the manner
and times in which postal articles shall be posted and delivered and in
particular it may also establish the core hours during which post
offices shall open to the public.
Premises to be 
provided with 
letter boxes, etc. 
Amended by: 
XVIII. 1977.9; 
XIII. 1983.5; 
XXXVIII.1988.2;
XXVII. 2002.2, 5, 
22.
40. (1) All apartments shall be provided by the respective
owner with separate letter-boxes made to lock, one for each of such
apartments.
(2) Each such letter-box shall bear the number of the apartment
to which it refers and the name of the occupier of the relative
apartment.
(3) The separate letter-boxes shall be affixed within the
entrance hall or corridor near the main common entrance door or in
a place on the ground floor easily visible and freely accessible.
(4) All premises, other than apartments, which have their main
  24      CAP. 254. ħ                   POSTAL SERVICES  
entrance more than four and a half metres distant from the gate or
other access to the street, shall be provided with letter-boxes made
to lock and immediately accessible from the street.
(5) All other premises shall be provided with a posting-slot
immediately accessible from the street.
(6) A postal article, other than a registered or insured postal
article, shall be deemed to have been duly delivered when such
postal article has been placed in a letter-box required to be
provided under this article which bears the same name and/or
address as is indicated on the postal article.
(7) In this article -
"apartment" means and includes any part of a building let or
occupied, or intended to be let or occupied, separately and having
in common a main entrance door from the street with other parts of
the same building;
"owner" includes, in respect of any property, the administrator of
such property and where the property is subject to a usufruct, or is
given on emphyteusis or sub-emphyteusis, the expression shall be
deemed to refer to the usufructuary, the emphyteuta or the sub-
emphyteuta as the case may require.
(8) Every owner who fails to comply with the provisions of this
article shall be guilty of an offence and shall be liable, on
conviction, to a fine ( multa ) not exceeding fifty liri and to an
additional fine ( multa ) not exceeding ten liri for each day during
which the offence continues:
   Provided that the Authority in special circumstances may in
writing exempt persons from complying with the provisions of this
article.
(9) The postal operator may refuse to deliver any postal article
where the premises to which it is addressed is not provided with a
letter-box as required by the foregoing provisions of this article or
the letter-box provided is such that the postal article cannot be
placed in the box through an opening in the box adequate for the
purpose; and in any such case the postal operator may return the
postal article to the sender, under such conditions as he may deem
fit, or otherwise deal with it as he may deem appropriate.
(10) A postal operator may also refuse to deliver any postal article
where the premises to which it is addressed may be of threat to the
health and personal safety of the officer of a postal operator.
Delivery of letters 
to take precedence 
over delivery of 
other postal 
articles.
Amended by:
XXVII. 2002.2, 5.
41. Where the despatch or delivery of letters from a post office
would be delayed by the despatch or delivery therefrom at the same
time of other postal articles, such other articles or any of them may
be detained for such time as in the opinion of the Authority is
strictly necessary not to cause such delay.
                                           POSTAL SERVICES  ġ CAP. 254.              
Meaning of "in 
course of 
transmission and 
delivery". 
Amended by: 
XVIII. 1977.10;
XXVII. 2002.2, 5, 
23.
42. For the purposes of this Act -
( a ) a postal article shall be deemed to be in course of
transmission by post from the time of its being
delivered to a post office to the time of its being
delivered to the addressee, or of its being returned to
the sender or otherwise disposed of under article 43;
( b ) the placing of a postal article in any post office
letterbox, or the delivery of a postal article to an
officer of a postat operator authorised to receive such
postal article for transmission by post, shall be deemed
to be delivery to a post office;
( c ) the delivery of a postal article at the house or office of
the addressee, or to the addressee or to his servant or
agent or other person considered to be authorised to
receive the article according to the usual manner of
delivering postal articles to the addressee, shall be
deemed to be delivery to the addressee;
( d ) when the addressee is a guest or a resident at a hotel,
lodging house, club, hospital, institution or place of
work, a postal article shall be deemed to have been
delivered to the addressee if delivered to the person
who, as owner or manager of any such place as
aforesaid or as agent for or an employee in any such
place, is considered to be responsible for receiving
postal articles:
Provided that if the postal article so deemed to
have been delivered is not claimed by or forwarded to
the addressee within one month, the person
responsible for or in charge of the hotel, lodging
house, club, hospital, institution or place of work shall,
in the absence of contrary instructions of the
addressee, return forthwith the postal article to the
postal operator who shall dispose of such postal article
as provided under the provisions of article 23.
Refusal of 
transmission and 
the delivery of 
postal articles to 
sender. 
Substituted by: 
XVIII. 1977.11.
Amended by:
XXVII. 2002.2, 24.
43. (1) The postal operator may refuse to transmit abroad any
postal article containing anything which is prohibited entry by the
country of destination; and if any such postal article is detected in
the course of transmission, the postal operator may return it to the
sender under such conditions as he may deem fit or otherwise deal
with it as he may deem appropriate.
(2) The postal operator may also return to the sender, under
such conditions as he may deem fit, or otherwise deal with as he
may deem appropriate, any postal article which is in course of
transmission by post whenever he is satisfied that such postal
article has been posted by mistake or has been posted with wrong
or deficient contents:
Provided that any action taken by the postal operator in
pursuance of the provisions of this article shall require the prior
approval in writing of the Authority.
  26      CAP. 254. ħ                   POSTAL SERVICES  
Undelivered postal 
articles and 
delivery of parcels.
Substituted by:
XXVII. 2002.25.
44. The Authority may by regulation make provision for and
otherwise regulate the disposal of postal articles which for any reason
cannot be delivered.
Postal articles 
delivered to a post 
office not subject 
to attachment 
except in certain 
cases.
Amended by:
XXVII. 2002.2, 5.
45. (1) Save as otherwise provided in this Act, no postal
article, while it is in a post office or in the hands of an officer of a
postal operator, may for any cause whatsoever, or by any warrant or
order of any court or other authority, be seized or garnished, except
in the following cases - 
( a ) when the addressee is dead and the postal article is
claimed by any of the heirs or other person interested; 
( b ) when the seizure is ordered by the competent judicial
authority in connection with and for the purposes of a
criminal action.
(2) In any of the cases mentioned in subarticle (1)( a ) and ( b ),
the postal article seized or garnished shall not be delivered except
to the person appointed by the competent court and such person
shall be bound to secrecy.
Delivery of postal 
articles in cases of 
bankruptcy.
Amended by:
XXVII. 2002.2, 5, 
26.
46. In any case of bankruptcy the competent court may direct
any postal article addressed to the person adjudged bankrupt to be
delivered by any officer of a postal operator to the curator of the
bankrupt’s estate or to any other person appointed by the court. In
any such case the person adjudged bankrupt or his representatives
may attend at the opening of the postal article, and, if the contents
thereof do not concern the bankruptcy estate, such person or his
representatives may claim its delivery, and the curator or person
appointed by the court shall, with regard to such postal article, be
bound to secrecy:
Cap. 371.
  Provided that where a person has been appointed in terms of
the Banking Act to take charge of the assets of a bank or to assume
control of the business of a bank or as may be directed by the
competent authority in terms of the Banking Act, any postal article
addressed to the bank, partnership or firm in respect of which such
person is given powers under the said Act, shall be delivered to such
person.
PART VII 
PROHIBITION
Transmission by 
post of certain 
articles. 
Substituted by: 
XVIII. 1977.12.
Amended by:
XXVII. 2002.2, 27.
47. (1) The transmission by post of any article to which this
article applies is prohibited.
(2) This article applies to -
( a ) any postal article containing any explosive,
inflammable, dangerous, dirty, noxious or deleterious
substance; or
( b ) any postal article containing any sharp instrument or
any such other article or thing which might expose to
                                           POSTAL SERVICES  ġ CAP. 254.              
injury any person or which might soil or damage any
other postal article in course of transmission by post;
or
( c ) any postal article which is seditious within the
meaning of any enactment relating to sedition; or
( d ) any postal article of any kind whatsoever or form
which is in any way threatening, offensive or libellous;
or
Cap. 9.
( e ) any postal article of any kind or form whatsoever
which is pornographic or obscene in accordance with
regulations made under article 208 of the Criminal
Code; or
( f ) any postal article containing any living creature other
than a creature accepted  the postal operator with the
prior approval of the Authority  as transmissible by post;
or
( g ) any postal article containing any proposal, circular or
ticket relating to lotteries other than lotteries set up or
permitted by the Government.
(3) Notwithstanding the provisions of subarticle (2)( g ) relating to
lotteries set up or permitted by the Government, the Authority may
order a postal operator not to transmit abroad any postal article relating
to any such lottery as aforesaid if such article does not conform with
instructions relating thereto issued by a competent authority and
communicated to the Authority; and in such case the postal operator
may return it to the sender or otherwise deal with it in accordance with
the directives of the Authority.
(4) For the purposes of this article "lottery" includes any
scheme for distributing prizes under which the recipients or the
number or the value of the prizes depend on a future uncertain
event or a combination of such events.
Postal articles in 
contravention of 
article 26. 
Amended by: 
XVIII. 1977.13;
XXIX.1995.2;
XXVII. 2002.2, 28.
48. (1) Subject to the provisions of this Act, if the Authority
has reason to believe that any postal article other than a closed
letter has been posted or sent by post in contravention of the
provisions of article 47, the Authority may order such postal article
to be detained and opened and if it is satisfied that any of the
provisions of the said article have been contravened, such article
may be destroyed:
Provided that when the Authority is satisfied that a postal
article addressed to a person legally entitled to provide television
broadcasting services in Malta consists of audiovisual material which
has been posted or sent by post only for the purpose of its being
broadcast on television according to the provisions of the Broadcasting
Act and of any regulations made or licence issued thereunder, it shall,
notwithstanding the provisions of this article and of article 47, direct
the postal operator to deliver such postal article to the addressee
without further examination or censorship.
(2) Any postal article which is reasonably believed to be of a
seditious nature shall be so detained, opened and disposed of by the
  28      CAP. 254. ħ                   POSTAL SERVICES  
postal operator with the approval of the Authority. In doing so the
postal operator shall also act in accordance with any enactment
relating to sedition and in such cases the provisions of such
enactment shall apply. 
(3) Any postal article which is reasonably believed to contain
any explosive, dangerous substance or other thing which may
expose any person to injury may be detained and opened by the
postal operator and, if found to contain any thing as aforesaid shall,
with the approval of the Authority, be destroyed.
(4) Where the postal operator has reason to believe that any
postal article has been posted or sent by post in contravention of the
provisions of article 47, the postal operator shall withhold delivery
of any suspect postal article to the addressee and shall inform the
Authority thereof by the next working day.
(5) For the purposes of this article "a closed letter" means a
postal article consisting of a sealed envelope which contains solely
correspondence and of which the dimensions, weight, appearance
and other features reasonably indicate that it contains nothing else.
The Printed Matter 
Appeals Board.
Amended by:
XXVII. 2002.2, 5, 
29.
49. (1) Where any printed matter is detained under article 48,
on the grounds that it contravenes article 47( d ) or ( e ), an appeal
shall lie to a Board which is hereby established and which shall be
known as the Printed Matter Appeals Board.
(2) It shall be the function of the Printed Matter Appeals Board
(in this Act referred to as "the Board") to hear and determine
appeals made in accordance with the provisions from any decision
of the Authority referred to in subarticle (1).
(3) In respect of the Board, and of any appeal made thereto, the
provisions of the Second Schedule shall have effect.
 
PART VIII
RECOVERY OF POSTAGE DUE
Liability for 
payment of 
postage.
Amended by:
XXVII. 2002.2.
50. The addressee of any postal article on which postage or any
other sum chargeable under this Act is due shall be bound to pay
the postage or other sum due on his accepting delivery of the postal
article, unless he forthwith returns it unopened:
Provided that when the postage or any other sum chargeable
under this Act is due on a postal article which has been posted in
Malta and is addressed to a person in Malta, and the addressee
refuses to accept delivery and forthwith returns unopened such a
postal article, or if the addressee is dead or cannot be found, the
sender shall be bound to pay such postage or any other sum due
under this Act.
Recovery of 
amounts due. 
Amended by:
XXVII. 2002.2, 30.
51. If any person refuses to pay any postage or other sum
which he is bound to pay under this Act in respect of any postal
article, such postage or other sum may,  on the demand of the postal
operator, be recovered as a civil debt .
                                           POSTAL SERVICES  ġ CAP. 254.              
Recovery of 
Customs duty.
Amended by:
XXVII. 2002.2, 31.
52. Where a postal article, on which any Customs duty is
payable, has been received by post from any place outside Malta,
the amount of such duty  shall, without prejudice to the operation of
any law in terms of which such duty is due, also be recoverable as if it
were postage under this Act .
Official mark to be 
evidence of 
amount of postage.
Amended by:
XXVII. 2002.2, 5, 
32.
53. The official mark or stamp on a postal article denoting that
any postage or other sum is due in respect thereof to a postal
operator, or to a post office of any other country, shall, until the
contrary is proved, be evidence that the sum denoted as aforesaid is
due.
PART IX 
SHIP OR AIR MAILS
Duty of master of 
ship arriving at any 
port or place in 
Malta.
Amended by:
XXVII. 2002.2, 33.
54. (1) Every master of a ship or pilot of an aircraft having on
board any postal article or mail bag which is directed to Malta shall,
immediately on arriving at any port or place in Malta, cause such
postal article or mail bag to be delivered to the postal operator entitled
to receive the same .
(2) Where the agent of a ship or aircraft is aware of the
presence on board of any postal article or mail bag as is referred to
in subarticle (1), or that any such article or bag has been removed
from such ship or aircraft, he shall, without delay, bring such fact to
the notice of the postal operator concerned.
Duty of Customs 
or Police officers.
Amended by:
XXVII. 2002.2, 34.
55. It shall be lawful for any Customs or Police officer to seize
any mail bag or postal article found on board any mail ship, in any
port or place in Malta, in respect of which any of the provisions of
this Act has been infringed, and in any such case such officer shall
forward the same to the Authority with a report of the
circumstances of such seizure.
Duty of masters of 
ships not being 
mail ships to carry 
mail bags.
Amended by:
XXVII. 2002.2, 5.
56. (1) Every master of a ship, not being a mail ship, which is
about to depart from any port or place in Malta to any port or place
beyond Malta shall receive on board any mail bags tendered to him
for conveyance by any officer of a postal operator, shall grant a
receipt therefor to the said officer, and shall without delay and after
taking all necessary measures and precautions for the safety of the
mail bags, deliver the same to the postal authorities at the port or
place of destination of the ship.
(2) The master of any ship receiving on board any mail bag
under the foregoing provisions of this article shall be entitled to the
immediate payment of such gratuity as may be payable for the
service to be given under those provisions in accordance with the
rates established by the Authority and published in the Gazette.
(3) The provisions of subarticle (1) and (2) shall  mutatis
mutandis  apply also to the conveyance of mail bags from one place
to another within Malta.
  30      CAP. 254. ħ                   POSTAL SERVICES  
PART X
MONEY AND POSTAL ORDERS
Power to make 
regulations for 
money order 
system.
Amended by:
XXVII. 2002.2, 35.
57. (1) The Minister  after consultation with the Authority  may
provide for the remitting of money through the post by means of
money orders, and may make regulations as to the issue and
payment of such money orders.
(2) In particular and without prejudice to the generality of the
foregoing power, such regulations may prescribe - 
( a ) the limit or amount for which money orders may be
issued;
( b ) the period during which money orders shall remain
current;
( c ) the rates of commission or the fees to be charged on
money orders or in respect thereof; and
( d ) the levy of additional rates of commission or fees. 
Power of remitter 
to recall money 
order or alter name 
of payee.
Amended by:
XXVII. 2002.2, 36.
58. (1) Subject to such conditions as the Minister may, by
regulations made under article 57 prescribe, a person remitting
money through the postal operator by means of a money order may
require that the amount of the order, if not paid to the payee, be
repaid to him, or be paid to such person other than the original
payee as he may direct.
(2) If neither the payee nor the remitter of a money order can
be found, and if, within the period of one year from the date of the
issue of the order, no claim is made by such payee or remitter, the
amount of such order shall not be claimable from the postal
operator.
Power to provide 
for issue of postal 
orders.
Amended by:
XXVII. 2002.2, 37.
59. The Minister  after consultation with the Authority  may
authorise the issue, in such form as may be suitable, of money
orders, to be called "postal orders", or by such other designation as
he may deem appropriate, for certain fixed amounts, and may make
regulations as to the rates of commission to be charged thereon, and
the manner in which and the conditions subject to which they may
be issued, paid and cancelled.
Money paid in 
excess or to wrong 
person.
Amended by:
XXVII. 2002.2, 5, 
38.
60. If any person without reasonable excuse, the burden of
proving which shall lie on him, neglects or refuses to refund -
( a ) any amount paid to him in respect of a money order or
postal order by an officer of a postal operator in excess
of what ought to have been paid to him in respect
thereof; or
( b ) the amount of a money order or postal order paid by an
officer of a postal operator to him instead of to some
other person to whom it ought to have been paid, 
such amount shall be recoverable as a civil debt on the demand of the
postal operator.
                                           POSTAL SERVICES  ġ CAP. 254.              
Exemption from 
liability in respect 
of money and 
postal orders.
Amended by:
XXVII. 2002.2, 5, 
39.
61. Saving the provisions of article 29,  no action shall lie
against the Government, the Authority or any of its officers, a postal
operator or an officer of a postal operator  in respect of -
( a ) anything done under any regulation made by virtue of
the provisions of articles 57 and 59;
( b ) the wrong payment of a money order or of a postal
order;
( c ) any loss or injury occasioned by delay in payment of a
money order or of a postal order;
( d ) any other irregularity in connection with a money
order or postal order;
( e ) anything done by the Authority in pursuance of the
powers given to him by this Act.
PART XI 
OFFENCES AND PENALTIES
Offences and 
penalties. 
Amended by: 
XIII. 1983.5.
Substituted by:
XXVII. 2002.40.
 62. (1) Any person who provides or operates any postal
services without authorisation under and in accordance with any of
the provisions of this Act or in breach of any condition, restriction
or limitation imposed by or under this Act or in the instrument
containing the authorisation shall be guilty of an offence under this
Act and shall be liable to a fine ( multa ) not exceeding ten thousand
liri and in the case of a continuing offence not exceeding one
hundred liri for each day during which the offence continues:
Provided that any person shall also be deemed to have
contravened the provisions of this subarticle if such a person - 
( a ) performs any service incidental to the conveyance of a
postal article in contravention of this subarticle; or 
( b ) sends, tenders or delivers, in order to be sent, any
postal article in contravention of this subarticle; or 
( c ) makes a collection of postal articles for the purpose of
sending them in contravention of this subarticle. 
(2) Any person who fails to provide any information as the
Authority may require in accordance with this Act, or who
furnishes information to the Authority or to the Minister which he
knows, or has reasonable cause to believe, to be false or
misleading, or impedes or obstructs the Authority or the Minister,
in the performance of any function under this Act shall be guilty of
an offence under this Act and shall be liable to a fine ( multa ) not
exceeding ten thousand liri or to imprisonment for a period not
exceeding six months, or to both such fine and imprisonment.
(3) Any person who assaults or obstructs or impedes any
officer, employee or agent of an authorised provider in the exercise
of his duties with such authorised provider shall be guilty of an
offence under this Act, and shall on conviction be liable to a fine
( multa ) not exceeding one thousand liri or to imprisonment for a
  32      CAP. 254. ħ                   POSTAL SERVICES  
period not exceeding one month, or to both such fine and
imprisonment.
(4) Any person who uses any service, including the conveyance
of any postal article provided by a postal operator, and as a result
causes any injury or alarm or is likely to cause any injury or alarm,
shall, on conviction, be liable to a fine ( multa ) of not less than two
hundred liri and not more than two thousand liri.
(5) Without prejudice to the provisions of this Act, any person
who contravenes or fails to comply with any provisions of this Act
or of any regulations made or directives given thereunder shall be
guilty of an offence against this Act, and shall on conviction be
liable to a fine ( multa ) not exceeding one thousand liri and in case
of a continuing offence to a further fine ( multa ) not exceeding one
hundred liri for every day during which the offence continues.
Authority may 
suspend or revoke 
licence, etc.
Added by:
XXVII. 2002.41.
63. In addition and without prejudice to any of the penalties
that may be inflicted under the provisions of this Act, the Authority
may suspend or revoke any licence or authorisation issued in
favour of a postal operator in accordance with this Act or any
regulations made thereunder, where the postal operator has
repeatedly contravened any of the provisions of this Act or any
regulations or directives made thereunder.
Proceedings for 
offences.
Added by:
XXVII. 2002.41.
64. (1) No proceedings for any offence under this Act shall be
instituted without the consent in writing of the Authority or at its
request.
Cap. 9. (2) Notwithstanding anything contained in the Criminal Code,
an appeal to the court of competent jurisdiction shall lie to the
prosecution against any judgement delivered in any proceedings
with respect to an offence under this Act.
(3) The Authority may assist in or conduct the prosecution with
respect to any offences under this Act or under any regulations
made thereunder.
Penalty for breach 
of regulations 
under article 38. 
Amended by: 
XIII. 1983.5;
XXVII. 2002.2, 5, 
42.
65. Any person who, being appointed to sell postage stamps -
( a ) takes from any purchaser in Malta for any postage
stamp or quantity of postage stamps of the type of
those that can be obtained from a post office a price
higher than that fixed by any regulation made under
article 38; or
( b ) commits a breach of any other regulation made under
the said article 38,
shall, on conviction, be liable to a fine ( ammenda ) or to a fine
( multa ) not exceeding two hundred liri or to detention at the
discretion of the court. 
Penalty for breach 
of article 47. 
Amended by: 
XIII. 1983.5;
XXVII. 2002.2, 43.
66. (1) Any person who, in contravention of any of the
provisions of article 47, sends or tenders, or makes over in order to
be sent by post any postal article or other thing, shall, on
conviction, be liable to a fine ( multa ) not exceeding five hundred
liri or to detention or imprisonment for a term not exceeding three
months.
                                           POSTAL SERVICES  ġ CAP. 254.              
(2) Where a postal article has been detained under article 48,
the sender of such article shall be liable to prosecution as if such
article has been delivered in due course by post.
Making use of 
fictitious stamps.
Amended by:
XXVII. 2002.2, 44.
67. Any person who, for the purpose of sending a postal article
by post, uses a fictitious stamp or purports to prepay such postal
article with any postage stamp which has been previously used to
prepay any other postal article, or which has otherwise been
previously used for any other purpose shall, on conviction,  be liable
to a fine ( multa ) not exceeding five hundred liri or to imprisonment for
a term not exceeding three months or to both such a fine and
imprisonment .
Making unlawful 
use of postmarks.
Substituted by:
XXVII. 2002.45.
68. Any person who without any lawful authority makes use of
any seal or instrument used by the Authority or by a postal operator for
marking any postage stamp shall, on conviction, be liable to a fine
( multa ) not exceeding five hundred liri or to imprisonment for a term
not exceeding three months or to both such a fine and imprisonment .
Penalty for injuring 
post office letter-
box.
Amended by:
XXVII. 2002.2, 46.
69. Any person who places in or against any letter-box
provided by a postal operator for the reception of postal articles,
any fire or any explosive, dangerous, dirty, noxious or deleterious
substance or any fluid, or commits a nuisance in or against any
such letter-box, or does anything likely to injure any such letter-
box or its appurtenances or contents, shall, on conviction, be liable
to the punishments established in article 66.
Penalty for 
disfiguring post 
offices.
Amended by: 
XIII. 1983.5;
XXVII. 2002.2, 5, 
47.
70. Any person who without due authority affixes any placard,
advertisement, notice, list, document, board or other thing in or on,
or paints, tars or in any way disfigures, any post office, shall, on
conviction, be liable to a fine ( multa ) not exceeding two hundred
liri.
Offences by 
masters of ships.  
Amended by: 
XIII. 1983.5;
XXVII. 2002.2, 48.
71. Any person who contravenes any of the provisions of
article 54 or 56 shall, on conviction, be liable to a fine ( multa ) not
exceeding five hundred liri.
Punishment for 
retention of postal 
articles on board 
ship arriving in 
Malta. 
Amended by: 
XIII. 1983.5;
XXVII. 2002.2, 49.
72. Any master of a ship arriving at any port or place in Malta,
or any person on board such ship or aircraft who knowingly has in
his baggage or in his possession or custody, after the postal articles
on board or any of them have been sent  to the postal operator
concerned any postal article shall be liable, on conviction, to a fine
( multa ) not exceeding five hundred liri .
Punishment for 
detaining mail or 
opening mail bags. 
Amended by: 
XVIII. 1977.14; 
XIII. 1983.5;
XXVII. 2002.2, 5, 
50.
73. Any person who detains, except under the authority of this
Act or in obedience to the direction of a competent court, any
postal article in course of transmission by post, or any officer of a
postal operator or any vehicle carrying mail bags or postal articles,
or on any pretence opens a mail bag in course of transmission by
post, or fails to return a postal article to the postal operator as
required by the proviso to article 42( d ), shall, on conviction, be
liable to a fine ( multa ) not exceeding five hundred liri.
Punishment for 
unlawfully opening 
postal articles.
Amended by:
XXVII. 2002.2.
74. (1) Any person who maliciously opens or causes to be
opened any postal article which ought to have been delivered, or
maliciously does any act whereby the due delivery of a postal
article is prevented or delayed, or communicates or makes use of
  34      CAP. 254. ħ                   POSTAL SERVICES  
any information obtained from a postal article so opened, shall, on
conviction, be liable to imprisonment for a term not exceeding one
year or to a fine ( multa ).
(2) This article shall not apply where the addressee is a minor
or a person incapacitated and the act is done by the person having
authority over him according to law.
Breach of 
declaration given 
on oath. 
Amended by: 
XIII. 1983.5;
XXVII. 2002.2, 5, 
51.
75. Notwithstanding the provisions of any other law, any
officer of a postal operator acting in contravention of the
declaration made on oath under the provisions of article 30, shall,
on conviction, be liable to imprisonment for a term not exceeding
one month or to a fine ( multa ) not exceeding five hundred liri or to
both such imprisonment and fine.
Saving with regard 
to other offences.   
Amended by:
XXVII. 2002.2.
Cap. 9         
Cap. 10.     
Cap. 37.
76. Nothing in this Act shall affect the operation of the
Criminal Code or of the Code of Police Laws or of the Customs
Ordinance or of any other law, in respect of any act or omission
constituting an offence under such laws or a breach of the fiscal
laws, liable to a punishment higher than that laid down in this Act
or in respect of any offence or contravention not specifically
provided for in this Act.
PART XII 
GENERAL PROVISIONS
Secrecy.  
Substituted by: 
XVIII. 1977.15.
Amended by:
XXVII. 2002.2, 5, 
52.
77. (1) It shall not be lawful for any officer of a postal
operator to disclose any information respecting postal articles
passing through the post without the consent of the sender or of the
person to whom they are directed, or to disclose any information he
may have obtained by reason of his office, except for the purpose
of performing his duties with a postal operator, or of any action in
respect of any offence against any law, or in such other cases as he
may be authorised or required by law to disclose such information.
(2) The provisions of subarticle (1) shall continue to apply to
any person who at any time was an officer of a postal operator even
after he has ceased to be such an officer in respect of any
information obtained by him while he was such an officer.
Officers exempted 
from serving as 
jurors. 
Amended by:
XXVII. 2002.2, 53.
78. All officers of the universal service provider shall be
exempted from serving as jurors.
Saving.
Amended by:
XXVII. 2002.2.
79. All regulations or rules, and all rates or charges made or
fixed by or under the Post Office Act, 1924 *  which are in force
immediately before the commencement of this Act shall continue in
force as if they were made or fixed by or under the corresponding
provision of this Act and may be amended, revoked, varied or
superseded accordingly.
*Repealed by subarticle (1) of article 58 as originally enacted, which subarticle is
being omitted under the Statute Law Revision Act, 1980.
                                           POSTAL SERVICES  ġ CAP. 254.              
Transitory 
provisions.
Added by:
XXVII. 2002.54.
80. (1) The licence issued by the Minister to Maltapost p.l.c.
with effect from the 1st May 1998 under this Act shall,
notwithstanding the repeal of any provisions of this Act in force at
the time of issue of the said licence, continue to have effect subject
to the provisions of this Act as these may be amended from time to
time and until the making in respect thereof of such modifications,
adaptations and limitations as the Minister after consulting the
Authority may deem necessary or appropriate for the purpose.
(2) Any modifications, adaptations and limitations to the
licence granted to Maltapost p.l.c. with effect from the 1st May
1998 shall be made by the Minister after consultation with the
Authority and shall be prescribed in accordance with article 81.
(3) Any order, regulation or legal notice issued in terms of any
provisions of this Act and in force on the 1st May 1998 shall,
notwithstanding the repeal of any provisions of this Act, continue
to be in force and to have effect until repealed or amended in
accordance with article 81.
Power to make 
regulations.
Added by:
XXVII. 2002.54.
81 . (1) The Minister may, after consultation with the
Authority, make regulations in respect of any of the functions of the
Authority or for the better carrying out of the provisions of this
Act.
(2) Without prejudice to the generality of the aforesaid power,
such regulations may in particular provide -
( a ) for any matters in respect of licences and other
authorisations under this Act, including the
establishment of fees and of registration and
declaration procedures;
( b ) for the minimum standards to be adopted in the
provision of postal services including the dimensions
of letter boxes and posting slots and matters relating to
health and safety, and in the context of "basic counter
services" for the variation of the requirements with
regard to the minimum postal services that are to be
provided;
( c ) for the better protection of the interests of users of the
postal services and for the establishment of any
criteria or procedures to be followed by postal
operators in the handling of complaints;
( d ) for ensuring fair competition in all practices,
operations and activities relating to postal services;
( e )  for the undertaking of research or investigation on any
matter relating to postal services regulated by or under
this Act and the provision of information, the issue of
directives or guidelines to the public, to postal
operators, and to commercial entities on matters
relating to postal services;
( f ) for the compliance with any international obligation
entered into by Government in relation to any aspect
of postal services regulated by or under this Act;
  36      CAP. 254. ħ                   POSTAL SERVICES  
( g ) for regulating any aspect of postal services relating to
reserved services with regard to the time, manner,
place and condition in which or under which such
services are to be provided;
( h ) for prescribing the information to be retained by any
postal operator under this Act and the provision of
statistical information by such operators;
( i ) for the making of any deposit or the giving of any
guarantee to ensure the performance of any obligation
by any person imposed as a condition of any licence or
authorisation under this Act;
( j ) for establishing any criteria on the basis of which
postal services users’ groups may be recognised in
accordance with the provisions of this Act;
Cap. 12.
( k ) for the Authority to be empowered to impose
administrative fines or sanctions upon any postal
operator acting in contravention of any provisions of
this Act or of any regulations or directives made
thereunder and provide for the procedure for the
imposition and enforcement of such fines which
enforcement procedures may include provisions to the
effect that any such fines shall constitute an executive
title for the effects and purposes of Title VII of Part I
of Book Second of the Code of Organization and Civil
Procedure:
Provided that the administrative fines provided
for by regulations or directives made under this article
shall not exceed the sum of five thousand liri for each
offence and two hundred liri for each day during which
failure to observe the provisions of this Act or of any
regulations made thereunder or of any authorisation
persists;
( l ) for prescribing that any person who acts in
contravention of any regulation made under this Act
shall be guilty of an offence and for establishing the
penalties to which such person may be liable:
Provided that no such penalty shall be greater
than a fine ( multa ) exceeding one thousand liri;
( m ) for prescribing the manner as to how any notice,
instrument, act or document which is required or
authorised by or under this Act may be served or
given;
( n ) for prescribing anything which may be or is required
to be prescribed by this Act.
                                           POSTAL SERVICES  ġ CAP. 254.              
Substituted by: 
XVIII. 1977.17.
Amended by:
XXVII. 2002.5, 55
FIRST SCHEDULE 
ġArticle 30ħ
Declaration 
I,                                         , the undersigned, declare on oath/
solemnly affirm that:
( a ) I will not willingly open or delay or cause or suffer to be
opened or delayed, contrary to my duty, any postal article which
shall come into my hands or custody by reason of my employment
in the postal service, except with the consent of the sender or of the
person to whom the same shall be directed, or except in those cases
in which I shall be so authorized or directed according to law;
( b ) I will not in any way embezzle or steal any postal article; 
( c ) I will not at any time, and whether I am or not in the postal
service, furnish any information respecting postal articles passing
through the post, or obtained by me by reason of my employment,
except when so authorised or required according to law.
Amended by:
XXVII. 2002.56.
SECOND SCHEDULE
ġArticle 49(3)ħ
Printed Matter Appeals Board
Composition, 
tenure of office, 
and remuneration 
of Board.
1. (1) The Board shall consist of not less than five and not
more than seven members, one of whom shall be appointed to be
chairman, and such members shall be appointed by the Minister
from among persons who appear to him to be qualified for the
purpose.
(2) The Minister shall appoint an officer in the public service to
be the Secretary of the Board and such officer (hereinafter referred
to as "the Secretary") shall attend the meetings of the Board and
may take part in its proceedings, but shall not have the right to vote
on the matters coming before the Board.
(3) The members of the Board, other than the Secretary, but
including the supplementary members appointed under sub-
paragraph   (6) hereof, may at any time resign their appointment and
the Minister may direct that any such member who appears to him
to be unfit to continue in office or to be incapable of discharging
his duties shall cease to hold office; but, save as aforesaid, the
members of the Board shall hold office for such period, not
exceeding two years from the date of their appointment, as may be
determined by the Minister on their appointment and shall be
eligible for reappointment.
(4) The Secretary shall hold office at the Minister’s pleasure.
This declaration was sworn solemnly affirmed Ħ
 before me at     on the
day of   19 ................
  38      CAP. 254. ħ                   POSTAL SERVICES  
(5) The members of the Board, other than the Secretary, shall
be paid such remuneration, whether by fee or allowance, as the
Minister shall, with the concurrence of the Minister responsible for
finance, determine.
(6) The Minister may also appoint supplementary members of
the Board to serve on the Board during such periods or on such
occasions as any of the members may be absent from Malta or
temporarily unable to attend to their duties, and may from time to
time designate any member of the Board to act as chairman when
the Chairman is absent from Malta or is temporarily unable to
attend to his duties.
(7) The names of the members and supplementary members of
the Board and of the Secretary shall be published in the
Government Gazette.
(8) In exercising the functions conferred by sub-paragraphs (1),
(3) and (6) of this paragraph the Minister shall act with the
concurrence of the Minister responsible for Customs.
Consultation by 
Board and 
interpreters.
2. (1) The Board may consult or take the opinion of any
person whom it deems necessary or expedient to consult, or to take
opinion from, for the proper discharge of its functions, and may for
the purpose of such discharge avail itself of the services of
interpreters.
(2) The Minister may in consultation with the Board determine
the fees to be paid to any person assisting the Board under sub-
paragraph (1) of this paragraph.
Procedure of the 
Board.
3. (1) The decisions of the Board shall be taken by a majority
of the members present and voting.
(2) Four members of the Board shall form a  quorum  and the
Chairman shall have a casting vote in addition to his original vote
whenever the votes cast are equal in number.
(3) The meetings of the Board shall be held  in camera  at such
place, on such days and at such times as the Chairman may from
time to time determine having regard to the prompt despatch of
business.
(4) Subject to the provisions of this Act and of this Schedule,
the Board may regulate its own procedure.
Procedure for 
appeal. 
Amended by: 
VI. 1990.2;
VI. 2001.12.
4. (1) Forthwith on detaining any printed matter under article
48, the Authority shall cause the person to whom such printed
matter is addressed or directed to be given notice in writing of such
fact.
(2) Where any printed matter has been detained as aforesaid,
the person to whom such matter is addressed, or in the case of a
body of persons, the authorised representative thereof, (hereinafter
referred to as the appellant), may, within ten days after the receipt
of the notice aforesaid, appeal to the Board in accordance with the
provisions of this Schedule showing cause why the printed matter
should be delivered to him.
                                           POSTAL SERVICES  ġ CAP. 254.              
(3) Such application shall be made either by letter addressed to
the Secretary  at such address as the Minister may by notice in the
Gazette establish , or by filling up, signing and delivering to the
Secretary such printed form of appeal as the Secretary shall, with
the approval of the Board,  make available at such address as the
Minister may by notice in the Gazette establish , free of charge, for
the purpose. Such applications shall not be subject to duty on
documents.
(4) Without prejudice to any other cause why the printed matter
should be delivered to him, the appellant may show cause -
( a ) that such printed matter is not of a character justifying
its being detained under article 48; or 
( b ) that he, being the authorised representative of an
educational, professional, cultural or scientific
organization, requires the printed matter for the sole
use of the members of such organization and that such
use is within the principal objects of the organization
and not morally harmful to its members;
( c ) that he requires the printed matter in connection with
such educational, professional, cultural or scientific
activity being lawfully carried out by him, and that he
shall not circulate such printed matter other than to
persons carrying out a similar educational,
professional, cultural or scientific activity and under a
like condition not to circulate the same.
(5) The Board shall, if requested, allow representations to be
made to it, either orally or in writing,  by or on behalf of the
Authority, the postal operator concerned as the case may be and the
appellant  and shall ensure that each of them is conversant with the
facts and arguments advanced by the other.
(6) The Board, after taking into consideration any
representations made to it, shall deliver in writing its motivated
decision which shall be final and binding; and a copy of such
decision shall be sent forthwith in writing, through the Secretary,  to
the Authority, to the postal operator concerned as the case may be and
to the appellant:
    Provided that an appeal on a point of law only can be made
to the Court of Appeal (Inferior Jurisdiction) by an application to
be filed within three working days from the date of service upon  the
Authority, the postal operator as the case may be and addressee  of the
Board’s decision. The Chairman of the Board shall in every case be
made a respondent in the appeal.
(7) If the Court of Appeal (Inferior Jurisdiction) finds for the
addressee,  the Authority shall forthwith order the release of  the
detained printed matter. 
(8) The Minister responsible for justice may by regulations
under this paragraph establish the fees payable in the registry of the
courts in connection with the filing of written pleadings in
connection with appeals under this Act:
  40      CAP. 254. ħ                   POSTAL SERVICES  
Cap. 12.
Provided that until such fees have been so established by
the Minister, the fees established in Schedule A to the Code of
Organization and Civil Procedure shall apply.
(9) The board established under article 29 of the Code of
Organization and Civil Procedure may make rules governing
appeals to the Court of Appeal (Inferior Jurisdiction) under this
Act.
Board to meet 
regularly.
5. The Board shall meet not less than once a week for the
purpose of considering appeals under paragraph 4 of this Schedule
and, except for a cause to be approved in each case by the Minister
or with the consent of the appellant, shall not delay the decision on
any such appeal beyond fifteen days from the date on which the
appeal is lodged with, or is received by, the Secretary.
Special procedure 
in respect of 
newspapers and 
periodicals issued 
at intervals not 
longer than one 
week.
6. (1) In dealing with newspapers and periodicals issued at
intervals not longer than one week suspected by him to contravene
paragraph ( d ) or ( e ) of article 47,  the Authority shall not exercise its
powers in ordering their detention  under article 48 except after
consulting a member, not being the Chairman, of the Board; and
where he decides to detain any such newspaper or periodical he
shall forthwith inform the Chairman of the Board of such fact and
refer the matter to the Board; and the Chairman shall thereupon
summon an urgent meeting of the Board for the same day or, if the
circumstances do not permit, for the day following that of the
receipt by him of the information.
(2) Upon such reference to the Board, the matter shall be dealt
with in accordance with the provision of paragraph 4 of this
Schedule as if it were an appeal made under that paragraph and
shall likewise be subject to a further appeal, on a point of law only,
to the Court of Appeal.
Limitations on 
power to destroy 
printed matter to 
which this 
Schedule applies.
7. Printed matter to which the provisions of this Schedule
apply may not be destroyed except with the written authority of the
Minister whenever the time allowed for an appeal has lapsed
without any appeal having been made, or when an appeal has been
finally decided by the Board or by the Court of Appeal as the case
may be.
Added by:
XXVII.  2002.57.
THIRD SCHEDULE
(Article 23)
Accounting procedures
1. Subject to article 23 of this Act and in accordance with
directives laid down by the Authority, the universal service
provider shall keep separate accounts within its accounting system,
for each of the services within the reserved sector on the one hand
and the non-reserved sector on the other. The accounts for the non-
reserved sector shall clearly distinguish between services which are
part of the universal service and services which are not. Such
                                           POSTAL SERVICES  ġ CAP. 254.              
internal accounting systems shall operate on the basis of
consistently applied and objectively justifiable cost accounting
principles.
2. The accounting system referred to in paragraph 1 shall,
without prejudice to paragraph 3, allocate costs to each of the
reserved and to the non-reserved services respectively in the
following manner:
( a ) costs which can be directly assigned to a particular
service shall be so assigned;
( b ) common costs, that is costs that cannot be directly
assigned to a particular service, shall be allocated as
follows: 
(i) whenever possible, common costs shall be
allocated on the basis of direct analysis of the
origin of the costs themselves; 
(ii) when direct analysis is not possible, common
cost categories shall be allocated on the basis of
an indirect linkage to another cost category or
group of cost categories for which a direct
assignment or allocation is possible; the indirect
linkage shall be based on comparable cost
structures;
(iii) when neither direct nor indirect measures of cost
allocation can be found, the cost category shall
be allocated on the basis of a general allocator
computed by using the ratio of all expenses
directly or indirectly assigned or allocated, on
the one hand, to each of the reserved services
and, on the other hand, to the other services. 
3. Other cost accounting systems may be applied only if they
are compatible with paragraph 1 and have been approved in
advance in writing by the Authority. 
4.  The universal service provider shall comply with one of the
cost accounting systems described in paragraphs 1 and 2 which
shall be verified by auditors engaged by the provider and the
provider shall publish a statement concerning compliance in two
daily newspapers at least once every calendar year. 
5. The Authority shall keep available, to an adequate level of
detail, information on the cost accounting systems applied by the
universal service provider. 
6. The Authority may request the universal service provider
to provide, in confidence, detailed accounting information arising
from such cost accounting systems.
