Malaysia legislation
Section 2
Section 2
In this Act, unless the context otherwise requires—
‘this Act” includes any subsidiary legislation made under this Act;
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“postal article” means a letter, a package, a parcel, a wrapper or a container that can be collected, transmitted and delivered through the postal network of a licensee;
“postage” means the charge or fee, including additional charge or fee, payable for the collection, transmission and delivery of a postal article by a licensee;
“downstream access” means the access to a licensee’s postal network and postal network facilities for final processing and delivery purposes by another licensee;
“register” means any register maintained by the Commission for the purpose of this Act;
“prescribed” where no mode is mentioned, means prescribed by regulations made under this Act;
“postal services industry” includes postal services and other services that may be provided under this Act;
“mail bag” means any bag, box, basket, parcel, envelop or container, including locked bag, in which a postal article in transmitted, whether it does or does not contain any postal article;
“postal network facilities” means any facilities and equipment used by licensee as part of its postal network and in the case of a universal service licensee includes a post office, posting box, relay box and postal vehicle;
“licence” means a universal service licence or non-universal service licence granted under subsection 13(2);
“Minister” means the Minister charged with the responsibility for the postal services industry;
“authorized officer” means—
(a)
any public officer or officer of the Commission authorized in writing by the Minister for the purpose of this Act; or
(b)
any police office not below the rank of Inspector;
“post office” includes any place, device or mail conveyance authorized by the universal service licensee for the posting, receipt, sorting, handling, transmission or delivery of postal article;
“licensee” means a company incorporated under the *Companies act 1965 [Act 125] that has been granted a licence under this Act to provide postal services;
“mail conveyance” means the mode used to transmit postal articles;
“director” has the same meaning assigned to it in the Companies Act 1965;
“postal identifier” means any name, logo, mark or design assigned by the Commission to a licensee—
(a)
that identifies the licensee; and
(b)
that clearly indicates to the public that postal articles have been, or are intended to be accepted by that licensee for transmission by post;
“Designated Postal Operator” means a universal service licensee designated by the Minister;
“consumer” means a person who uses the postal network of a licensee either as a sender or recipient of postal articles or who uses the postal financial services or electronic postal services;
“transmission of postal article” means the process whereby a postal article is being posted by the sender to an access point until it is being
*NOTE─The Companies Act 1965 [Act 125] has since been repealed by the Companies Act 2016
[Act 777] which comes into operation on 31 January 2017-see subsection 620(1) Act 777.
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delivered to the addressee by the licensee or it is returned to the sender or disposed of under this Act by the licensee;
“data processing device” means any equipment or device from which information is capable of being reproduced, with or without the aid of any other equipment or device;
“mail pick up or delivery equipment” means equipment provided by the universal service licensee for the collection and delivery of mail, including a posting box, parcel box and relay box;
“non-universal service” means postal services that may be provided to consumers at rates other than the prescribed rates of the universal service;
“electronic postal service” means the electronic postal services as specified in section 35;
“postal financial services” means the postal financial services as specified in section 34;
“postal service” means the collection, transmission and delivery of any postal article;
“universal service” means postal services, which include basic postal services determined by the Commission to be provided to consumers throughout Malaysia, at the prescribed rates;
“posting box” means any box or receptacle designated by a universal service licensee, in which senders can deposit postal articles for the purpose of collection;
“letter box” means a receptacle provided by a consumer in order to receive postal article sent to the consumer or to the consumer’s address;
“post” means an act of leaving a postal article in any place, receptacle, device or mail conveyance of a licensee or with any person authorized by a licensee for the collection of postal article and in the
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case of the universal service licensee, also means leaving it in any post office or depositing it in ant posting box;
“postal network” means the system of organization and resources in any form or manner used by a licensee in carrying out its operations including the aspects of the system used for–-
(a)
collecting postal articles postal from the access points;
(b)
handling and transporting postal article from the access points to the distribution centre;
(c)
processing the postal articles; and
(d)
disturbing the postal article to the addressee;
“postage stamp” means any label or stamp which denotes any rate of postage fee or other sum payable in respect of a postal article, and includes adhesive postage stamps and stamp printed, embossed, impressed or otherwise indicated on any envelop, wrapper, postcard or other article, whether such stamp is issued under this Act or under the law of any other country;
“letter” means any form of written communication or document of communication in an envelope or a small packet that is directed to a specific person or a specific address which is conveyed other than by electronic means, and excludes categories which are specified under section 12;
“Commission” means the Malaysian Communications and
Multimedia
Commission established under the
Malaysia
Communications Multimedia Commission Act 1998 [Act 589];
“appointed date” means the date on which this Act comes into operation;
“complaint handling procedure” means the published document referred to in subsection 51(1);
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“access points” means the points of the postal network of a licensee to which the sender has access through any means, and in the case of the universal service licensee includes post offices and posting boxes;
“general terms and conditions” means the general terms and conditions of a licensee referred to in section 32.
Delivery