Commencement: 15th June 1977

LAWS OF THE GILBERT ISLANDS
REVISED EDITION 1977

CHAPTER 74

POST OFFICE

ARRANGEMENT OF SECTIONS

Section
PART I
PRELIMINARY

1. Short title
2. Interpretation

PART II
GENERAL

3. General powers of Minister
4. Overseas mail
5. Exclusive privileges of Minister over letters

PART III
STAMPS

6. Postage stamps
7. Rates of postage
8. Liability for payment of postage
9. Power to withhold postal packet from person refusing to pay postage etc.

PART IV
PROHIBITED ARTICLES

10. Transmission by post of certain articles prohibited
11. Transmission of anything indecent or seditious or packets bearing fictitious stamps prohibited
12. Detention of prohibited packets
13. Power to open postal packets suspected to contain dutiable goods

PART V
REGISTRATION AND COMPENSATION

14. Registration of postal packets
15. Compensation
16. Insurance of postal packets

PART VI
MONEY ORDERS

17. Provision of money orders
18. Exemption from liability in respect of money orders

PART VII
CARRIAGE OF MAIL

19. Minister may enter into mail contracts
20. Penalty for refusing to receive mail on board
21. Payment for conveyance of mails by non-contract vessels
22. All mails and postal packets arriving by vessel to be delivered to post office by master
23. Carriage of internal mail

PART VIII
OFFENCES AND PENALTIES

24. Penalty for contravention of section 5
25. Penalty for contravention of sections 10 and 11
26. Fraudulently issuing money orders
27. Unlawfully taking away or opening mail carried by aircraft, vessel or vehicle
28. Fraudulent detention of mail bag or postal packets
29. Falsely inducing delivery of or opening postal packets
30. Prohibition of imitation of post office stamps, etc.
31. Opening, delaying, etc. of postal packets
32. Further offences by officers of the post office
33. Penalty for obstructing mail
34. Placing injurious substance in or against letter boxes etc.
35. Evidence of thing being postal packet

PART IX
REGULATIONS

36. Regulations

-----------------------------------

An Ordinance to reform the law relating to the establishment and regulation of post offices and the conveyance of mails
1 of 1977

Commencement: 15th June 1977

PART I
PRELIMINARY

Short Title

1. This Ordinance may be cited as the Post Office Ordinance.

Interpretation

2. (1) In this Ordinance and in any regulation made hereunder-

"commander" in relation to an aircraft, includes the pilot or other person in charge of the aircraft;

"letter" include a post-card, aerogram or letter-card;

"mail bag" includes any form of container or covering in which postal packets in course of transmission by post are conveyed, whether or not it contains any such packets;

"officer of the post office" includes the Controller of Postal Services and any person employed in the operation of the postal service;

"postmaster" means the officer in charge of a post office;

"postal authority" includes any duly constituted postal authority recognized by the Universal Postal Union;

"post office" includes any place where postal packets are received, sorted or delivered, or any place used for postal service purposes and any posting box or other receptacle provided by or with the approval of the Minister for reception of postal packets for transmission.

"postal packet" includes a letter, packet or parcel or any other article transmissible by post and shall include a telegram when conveyed by post.

(2) For the purposes of this Ordinance-

(a) a postal packet shall be deemed to be in course of transmission by post from the time when it is delivered to a post office to the time when it is delivered to the person to whom it is addressed; and

(b) the delivery of a postal packet of any description to a letter carrier or other person authorized to receive postal packets of that description for the post shall be a delivery to a post office; and

(c) the delivery of a postal packet at the house or office of the person to whom the packet is addressed or to him or to his servant or agent or other person with apparent authority to receive the packet or into a private box or mail bag, according to the usual manner of delivering that person's postal packets, shall be a delivery to the person addressed.

PART II
GENERAL
General powers of Minister

3. (1) The Minister may make such arrangements as he shall see fit for the conduct and development of postal services within the Gilbert Islands and in particular may implement the provisions of any convention or agreement of the Universal Postal Union not in conflict with the provisions of this Ordinance.

(2) The Minister may establish post offices at such places as he thinks fit and may discontinue any such post office.

Overseas mail

4. (1) The transmission of postal packets addressed to or received from any country outside the Gilbert Islands shall be subject to the provisions of any convention or agreement in regard to the transmission of such packets through the post in force for the time being and to which the Government is a party.

(2) Without prejudice to the generality of the foregoing, and for so long as the Government shall remain a party thereto, the transmission of postal parcels between the Islands and any other country shall be in accordance with the provisions of the Postal Parcels Agreement of the Universal Postal Union.

(3) If any postal packet is posted or sent by post in contravention of the provisions of any convention or agreement to which the Government is party or of any regulations made hereunder, the transmission thereof may be refused and the packet may, if necessary, be detained and opened by an officer of the post office and may be returned to the sender thereof or forwarded to its destination, subject in either case to the provisions of any convention, agreement or regulations as to additional postage or other charges, or may be destroyed or otherwise disposed of as the Controller of Postal Services directs.

Exclusive privileges of Minister over letters

5. (1) Subject to the provisions of this section the Minister shall within the Gilbert Islands postal area have the exclusive privilege of conveying from one place to another, and of performing all the incidental services of receiving, collecting, dispatching and delivering, all letters.

(2) All letters shall be sent, conveyed into and out of the Islands from and to any place between which and the Islands postal communications are established, and be delivered and be distributed in the Islands by or through the post except in the following cases-

(a) a letter by a person on a journey undertaken by him otherwise than for delivery of that letter or any other letter to the person to whom it is addressed, and without hire, reward or other profit or advantage for receiving, carrying or delivering it;

(b) letters solely concerning the affairs of the sender or receiver send by a messenger for that purpose;

(c) letters solely concerning goods or property sent either by sea, by land or by air to be delivered with the goods or property which the letters concern without hire, reward or profit or advantage for receiving, carrying or delivering them:

Provided that such letters shall be open to inspection and have superscribed thereon the words "Consignee's Letter" or other words to the same effect;

(d) letters carried by a servant of the sender or by a special messenger employed by him.

(3) Except in accordance with the provisions of subsection (2) or in pursuance of arrangements made by the Minister under this Ordinance a letter shall not be received, collected, or delivered by any person specified in this subsection, namely-

(a) common carriers, their servants or agents, save in respect of a letter concerning goods in their aircraft or vehicle or conveyance;

(b) owners or masters of vessels or their servants or agents, and commanders of aircraft, save in respect of a letter of the owner of the vessel or goods on board that vessel or aircraft;

(c) passengers or other persons on any aircraft, vehicle, vessel or other conveyance;

(d) officers of the post office, save in respect of a letter in course of transmission by post.

PART III
STAMPS

Postage stamps

6. The Minister may cause to be provided postage stamps of such kinds and denoting such values as he may consider necessary for the purpose of this Ordinance and may similarly, by notice, declare that any postage stamps shall cease to be valid for the purpose of this Ordinance and thereupon such postage stamps shall cease to be valid.

Rates of postage

7. Subject to the provisions of this Ordinance and regulations made hereunder there shall be paid on every postal packet for transmission by post such postage and other sums as may be prescribed by regulations and the postage and all fees, if any, in respect of any such postal packet shall be prepaid by means of valid postage stamps issued under this Ordinance, not previously used, obliterated or defaced, and in default thereof there shall be payable in money at the time of delivery upon every such postal packet the deficiency in postage due thereon together with such fee as may be prescribed by regulations made hereunder:

Provided that postage may, with the approval of the Controller of Postal Services, be paid in cash at the time of posting.

Liability for payment of postage

8. The person to whom any postal packet is tendered for delivery on which postage and any other fee is due whether imposed under this Ordinance or by another postal authority shall be bound to pay the postage or other fee due on his accepting delivery of the postal packet.

Power to withhold postal packet from person refusing to pay postage etc.

9. If any person refuses to pay any postage or other sum due in respect of any postal packet the Controller of the Postal Services or any postmaster may withhold from the person so refusing any postal packet whatsoever not being on Her Majesty’s Service or on Government Service addressed to that person until such postage or other sum has been paid.

PART IV
PROHIBITED ARTICLES

Transmission by post of certain articles prohibited

10. (1) Except upon such conditions as may be prescribed, no person shall send by post any explosive, inflammable, filthy, noxious, or deleterious substance, any sharp instrument not properly protected, any living animal, or any article or thing whatsoever which is likely to cause injury or damage either to any person or to other postal packets in course of transmission.

(2) No person shall send by post opium, morphine, cocaine or any other narcotic except in accordance with any law in force in respect thereto.

Transmission by post of anything indecent or seditious or packets bearing fictitious stamps prohibited

11. No person shall send by post-

(a) any indecent, obscene or seditious publication or article;

(b) postal packet bearing thereon or on the cover thereof any words, marks or designs of an indecent, obscene, seditious or grossly offensive character;

(c) any postal packet bearing any fictitious postage stamps or purporting to be prepaid with any postage stamp which has been previously used to prepay any other postal packet or has been declared to be invalid;

(d) any postal packet relating to a fraudulent or immoral business; or

(e) any postal packet containing any article or thing prohibited by the Customs Ordinance or any other law of the Gilbert Islands or the country to which the postal packet is addressed.
Cap. 22

Detention of prohibited packets

12. If the Controller of Postal Services or a postmaster has reason to suspect that any postal packet contains anything in contravention of the provisions of sections 10 and 11, he may cause such postal packet to be detained and opened and, if it is found to contain such matter, he shall cause it to be destroyed or dealt with in such other manner as the Minister shall direct.

Power to open postal packets suspected to contain dutiable goods

13. (1) It shall be lawful for the Controller of Postal Services or any postmaster to detain any postal packet containing or reasonably suspected to contain goods chargeable with any duty under the Customs Ordinance and to open the same in the presence of and at the request of an officer appointed under the provisions of that Ordinance.

(2) A clearance fee of an amount prescribed by regulations made hereunder shall be paid by the consignee on any postal packet delivered in the Gilbert Islands in respect of the contents of which duties under the Customs Ordinance have been paid.
Cap. 22

PART V
REGISTRATION AND COMPENSATION

Registration of postal packets

14. The sender of any postal packet may, upon payment of the fee prescribed by regulations made hereunder in addition to the ordinary postage, have that packet registered by and obtain a receipt for the same from a postmaster.

Compensation

15. (1) The Controller of Postal Services may pay compensation for the loss while within the custody of the Gilbert Islands postal service of a registered postal packet subject to the monetary limitations and other conditions prescribed by the Universal Postal Union.

(2) The Controller of Postal Services may pay compensation for the loss of or damage to, while within the custody of the Islands postal service, a parcel admitted for transmission by post to or from the Islands, or the whole or any portion of the contents thereof, in accordance with the provisions of the Parcels Post Agreement of the Universal Postal Union.

(3) Compensation shall not be payable if the loss or damage was caused by force majeure or if it appears to the Controller of Postal Services that the loss arose wholly or in part through the fault of the sender.

Insurance of postal packets

16. The Minister may provide for the insurance of postal packets subject to such terms and conditions as may be prescribed and may enter into any agreement with any postal authority for the reciprocal exchange of insured postal packets.

PART VI
MONEY ORDERS

Provision of money orders

17. (1) The Minister may provide for the remittance of sums money by means of money orders through the postal and telegraphic services.

(2) The Minister may from time to time determine at what post offices money orders may be issued and paid.

Exemption from liability in respect of money orders

18. The Minister shall not incur liability for any loss caused by-

(a) anything done under any regulation made hereunder;

(b) the payment of a money order;

(c) delay in payment of a money order; or

(d) any other irregularity in connection with a money order;

and no officer of the post office shall incur any such liability unless he has caused the same fraudulently.

PART VII
CARRIAGE OF MAIL

Minister may enter into mail contracts

19. (1) The Minister may enter into a contract with any, person for the conveyance by sea or air of postal packets to or from the Gilbert Islands.

(2) The Minister may enter into such contracts for the conveyance of postal packets by land, by sea or by air within the Islands as may be deemed necessary or expedient, or for any other public service performed in respect of the carriage of mail.

Penalty for refusing to receive mail on board

20. (1) Every master or person in charge of any vessel about to depart from any port in the Gilbert Islands to any port or place beyond the Islands and every commander of an aircraft about to depart to a place beyond the Islands shall, if required by any officer of the post office or by any port officer or by any person duly authorised in that behalf, receive mail on board such vessel or aircraft, and give a receipt for the same if thereto required by the person tendering or delivering such mail, and carefully deposit such mail in some secure and dry place on board such vessel or aircraft, and convey the same upon her then intended voyage or flight.

(2) If any such master, commander or person fails to comply with subsection (1) he shall be liable to a fine of $200.

Payment for conveyance of mails by non-contracts vessels

21. Every master or person in charge of any vessel and every commander of an aircraft about to depart from any port or place in the Gilbert Islands to a place beyond the Islands, who receives on board thereof any mail in pursuance of the preceding section, shall be entitled to demand and receive for the carriage thereof payment at the rates prescribed by the Universal Postal Union.

All mails and postal packets arriving by vessel to be delivered to post office by master.

22. All mail bags which, at the time of the arrival of any vessel or aircraft at any place in the Gilbert Islands from any place beyond the same, shall be on board thereof directed to that place shall be delivered to the postmaster or port officer of such place or port or to any person duly authorised in that behalf; and any person who shall knowingly or negligently detain or keep in his possession, or shall neglect or refuse to deliver, any mail or postal packet shall be liable to a fine of $200.

Carriage of internal mail

23. (1) The Minister may require masters or persons in charge of any inter-islands vessel, commanders of aircraft operating a service internal to the Gilbert Islands, public transport operators or persons in charge of any vehicle licence as a public service vehicle under the provisions of the Traffic Ordinance to receive, carry and deliver mail at the several places at which they mail call.
Cap 98

(2) The remuneration for any services rendered by a person under subsection (1) shall be determined by agreement between the Controller of Postal Services and that person or, in default of agreement, by the Minister.

(3) Every master, commander, public transport operator or person in charge who shall wilfully neglect to receive, carry or deliver such mails shall, for every such offence, be liable to a fine of $20.

PART VIII
OFFENCES AND PENALTIES

Penalty for contravention of section 5

24. Any person who, except with the authority of the Minister-

(a) conveys, sends, or delivers otherwise than by post a letter within the exclusive privilege conferred on the Minister by the provisions of section 5; or

(b) performs any service incidental to conveying otherwise than by post any letter within the exclusive privilege aforesaid; or

(c) sends or tenders or delivers in order to be sent otherwise than by post a letter within the exclusive privilege aforesaid; or

(d) makes a collection of letters excepted from the exclusive privilege aforesaid for the purpose of sending them otherwise than by post; or

(e) carries, receives, tenders, delivers or collects letters in contravention of section 5 (3);

shall in respect of each letter be liable to a fine of $10.

Penalty for contravention of sections 10 and 11

25. (1) Any person who in contravention of section 10 or on 11 sends or tenders or makes over in order to be sent by post any postal packet or article shall be liable to imprisonment for 1 year and to a fine of $200.

(2) The detention in the post office of any postal packet by reason of the contravention of section 10 or section 11 shall not exempt the sender from any proceedings which might have been taken if the postal packet had been delivered in due course by post.

Fraudulently issuing money orders

26. If any officer of the post office grants or issues any money order with a fraudulent intent, he shall be liable to imprisonment for 5 years.

Unlawful taking away or opening mail carried by aircraft, vessel or vehicle

27. If any person unlawfully takes away or opens a mail bag carried in pursuance of arrangements made by the Minister by any vessel, aircraft or vehicle, or unlawfully takes a postal packet in course of transmission by post out of a mail bag so sent, he shall be liable to imprisonment for 5 years.

Fraudulent detention of mail bag or postal packets

28. If any person fraudulently retains or wilfully secretes or keeps or detains or when required by an officer of the post office neglects or refuses to deliver up-

(a) any postal packet which is in course of transmission by post and which ought to have been delivered to any other person; or

(b) any postal packet in course of transmission by post or any mail bag which shall have been found by him or by any other person,

he shall be liable to a fine of $100 and to imprisonment for 6 months.

Falsely inducting delivery of or opening postal packets

29. Any person who-

(a) shall by means of any false pretence or misstatement cause any officer of the post office to deliver any postal packet to any person other than to the person to whom it is addressed; or

(b) not being an officer of the post office wilfully and with intent to cause loss or damage to any other person or to obtain some benefit for himself opens any postal packet addressed to that other person which is in the course of transmission by post or which has been transmitted by post,

shall be liable to a fine of $100.

Prohibition of imitation of post office stamps, etc.

30. (1) A person shall not without due authority make on any envelope, wrapper, card, form or paper sent by post any mark in imitation of or similar to or purporting to be any stamp or mark of any post office or any words, letters or marks which purport to signify or imply that the postal packet is sent on Her Majesty's behalf or on Government service.

(2) If any person acts in contravention of this section he shall be liable to a fine of $50.

Opening, delaying, etc. of postal packets

31. If any officer of the post office contrary to his duty opens or tampers with or procures or suffers to be opened or tampered with any postal packet in course of transmission by post or wilfully conceals, detains or delays or procures or suffers to be concealed, detained or delayed any such postal packet he shall be liable to imprisonment for 12 months:

Provided that nothing in this section shall extend to the opening, detaining or delaying of a postal packet under the authority of this Ordinance or regulations made hereunder.

Further offences by officers of the post office

32. Any officer of the post office or any master of a vessel or commander of an aircraft or member of its crew, or any other person employed or authorised by or under any postmaster to receive, sort, carry or deliver any mail or postal packet sent by post, who shall offend against, or wilfully neglect, or omit to comply with any of the provisions of this Ordinance, or with the provisions of any regulations which may be made under this Ordinance and for which no penalty is provided, shall be liable to a fine of $100.

Penalty for obstructing mail

33. Any person who shall wilfully obstruct or retard the conveyance or delivery of any mail or any officer of the post office in the performance of his duty shall be liable to a fine of $50.

Placing injurious substance in or against letter boxes etc.

34. Any person who shall place or attempt to place in or against any posting box or other receptacle erected for the reception of postal packets any fire, match, light, explosive substance, filth or dangerous, noxious or deleterious substance or fluid, and any person who shall commit a nuisance in or against any such posting box or other such receptacle or do or attempt to do anything likely to injure such posting box or other receptacle or its appurtenances or contents shall be liable to imprisonment for 12 months.

Evidence of thing being postal packet

35. (1) On the prosecution of any offence under this Ordinance evidence that any article is in the course of transmission by post or has been accepted on behalf of the post office for transmission by post shall be sufficient evidence that the article is a postal packet.

(2) Every mail bag or postal packet in charge of or being carried by any postmaster, officer of the post office or other person employed by or under the post office shall in every proceeding whatsoever be deemed to be in the course of transmission by post unless the contrary be proved.

PART IX
REGULATIONS

Regulations

36. The Minister may make regulations for the carrying out of the provisions of this Ordinance and particularly for-

(a) the receipts, dispatch, carriage and delivery of postal packets;

(b) the fees to be charged for the conveyance of postal packets or for any other service rendered under this Ordinance or regulations made hereunder;

(c) the dimensions and weights of postal packets;

(d) the registration of postal packets;

(e) the franking of official postal packets;

(f) the treatment of undeliverable postal packets;

(g) the conditions under which private boxes and private mail bags may be hired;

(h) the supply, sale and use of postage stamps;

(i) the insurance of postal packets;

(j) the operation of the money order service.

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SUBSIDIARY LEGISLATION

Regulation under section 36

(1) Money Order Regulations

(2) Post Office Regulations

(1) MONEY ORDER REGULATIONS

Regulations dated
30/12/38
1/11/40
(Rev. 1952, p. 753)
L.N. 11/78

Citation

1. These Regulations may be cited as the Money Order Regulations.

Hours of business

2. Money orders shall be issued and paid during such hours as the Controller of Postal Services (in these Regulations referred to as the Controller) may direct and the Controller may direct such of his officers as he may think fit to issue and pay such money orders.

Arrangements with other countries

3. Money orders may be issued for payment in any country with which arrangements have been made by convention for the direct exchange of money orders or in any other country through the intermediary of a country with which a money order convention exists; and similarly money orders issued in such countries for payment in the Gilbert Islands may be paid at the money order offices specified in such orders.

Rates of commission

4. (1) The rates of commission which shall be charges for issue of money orders and any other charges leviable under these Regulations shall be as prescribed in the Schedule.

(2) A further commission at such rate as may from time to time be notified by the intermediate country may be levied upon money order issued for payment in a country which arrangements do not exist for a direct exchange of money orders, which commission may be deducted by such intermediate country from the amount of any such orders.

Limit of amount

5. (1) No money order shall include a fractional part of a cent and no single money order shall be issued and paid for a sum exceeding $100.

(2) The Controller in his discretion may refuse to issue a money order to any person who fails to satisfy the Controller that he bona fide requires the money for domestic purposes or in the ordinary course of business in the country in which the money order is payable.

(3) Any person feeling aggrieved by the decision of the Controller in pursuance of paragraph (2) may appeal to the Minister whose decision shall be final.

Payments to be made in legal tender

6. All payments for money orders whether by or to the public shall be made in currency notes or other legal tender.

Forms

7. Money orders shall only be issued on such forms as the Controller may direct.

Remitter to furnish information

8. Before any money order shall be issued, the remitter shall furnish all information that may be required by the issuing officer on such form as the Controller may direct.

Crossing

9. Except in cases in which the regulations of the country of payment do not admit of the crossing for payment through a bank of money orders issued in the Gilbert Islands, the remitter or payee of any money order may direct by crossing the order that it be so paid, in which case the name of the payee may be given or withheld at the remitter's option.

Repayment and transfer of orders

10. (1) Any money order once issued shall not be cancelled.

(2) A money order may however be repaid to the remitter or payment thereof may be transferred from one office to another in the Gilbert Islands, in which case application for repayment or transfer shall be made by the remitter through the postmaster of the office of issue of the order, or by the payee direct to the postmaster of the office at which the order is payable, and such postmaster shall issue a new order payable at the money order office at which payment is requested for the amount of the original order less the amount of a further commission equal to that which would be payable were the money being remitted for the first time.

(3) In the case of money orders issued in the Gilbert Islands and payable in another country, the repayment of which is desired, application for repayment shall be made by the remitter to the Controller who shall seek the authority of the country in which the order was made payable for repayment to be made to the applicant. In all cases the application shall specify the date of issue, the amount of the order, the office at which it was issued and payable and the names of the payee and remitter as stated in the postmaster's advice.

Alteration of name of payee or remitter

11. The remitter of a money order may have the name of the payee or remitter as specified in the original application altered or, in the case of a crossed order, have the endorsement directing payment to be made through a bank cancelled, upon payment of the fee prescribed in the Schedule; and such alteration may, in the case of a money order issued for payment within the Gilbert islands, be made by telegraph, upon payment of such further charge as may be prescribed in the Schedule.

Stoppage of payment

12. The remitter of a money order shall have full control over the money represented thereby until the order shall have actually been paid and shall have the power to stop payment of the amount thereof upon payment of the prescribed see and upon application to the postmaster of the office at which the money order is payable in the Gilbert Islands, or in the case of an order payable outside the Gilbert Islands, to the Controller. No liability shall attach to the Controller if the order is paid in spite of such application.

Duplicate orders

13. In the event of miscarriage or loss of a money order payable in the Gilbert Islands, or for any other sufficient reason, either the remitter or the payee of the order may obtain a duplicate thereof upon written application to the Controller and upon payment of the fee prescribed in the Schedule. In every case full particulars of the order referred to shall be furnished by the applicant.

(2) The issue of duplicates of money orders payable outside the Gilbert Islands shall be subject to the authority of the country of payment.

Advices

14. The postmaster of the office at which a money order shall be issued shall, by the first post after the issue of such order, advise the postmaster of the office of payment to pay the amount thereof to the payee on presentation of the relevant order; but no money order other than a telegraphic money order shall be paid on the day on which it shall have been issued.

Payment not be made unless advice received

15. Any money order in connection with which the requirements of these regulations shall have been fulfilled shall be paid upon receipt of the official advice by the postmaster and presentation pf the order, unless the officer to whom it is presented has good reason for believing that the applicant is not properly entitled to receive the money. No money order shall be paid unless the corresponding advice has been previously received, and in the case of an order issued outside the Gilbert Islands, unless it bears the stamp of the exchange office of the country of issue. 

Payment subject to funds being available

16. Payment of a money order shall be subject to the possession by the postmaster of the paying office of sufficient funds.

Orders void after 12 months

17. Except in cases in which the regulations of the country of payment stipulate a lesser period, any money order issued in the Gilbert Islands shall remain valid for 12 months after the last day of the month in which it shall have been issued; and shall then become void. Nevertheless the Controller shall have the power to renew the currency of any money order issued in the Gilbert Islands which shall have become void, if he shall so think fit, upon the application of either remitter or the payee and upon payment of the commission prescribed in the Schedule.

Signature of payee

18. (1) Before any money order shall be paid the payee shall sign his name in ink in the space provided for the purpose on the money order or, in the case of a telegraphic money order, on the special form provided and shall furnish such means of identification or proof of his authority to receive payment of the order as may be required by the postmaster of the office of payment.

(2) If the payee cannot write, his mark shall be attested by a witness in the presence of the paying officer.

(3) The signature of the payee shall correspond in every particular with the name of the payee as stated in the advice received by the paying postmaster the postmaster of the office at which the order was issued.

Remitter's name to be furnished by payee

19. The payee shall also correctly state the name of the remitter of the money order. Nevertheless the Controller may at his discretion authorise the payment of a money order purporting to be signed by the payee but in a form differing from the name of the payee as given in the advice, and such signature shall in all cases be a sufficient authority to the postmaster for the payment of the amount of the order and it shall not be necessary to prove that the receipt was signed by or under the authority of the payee. If the order shall have been signed otherwise than in the presence of the postmaster, he may require the person presenting the order to sign his name again upon the order in his presence.

Mutilated or defaced orders

20. Should any money order be presented for payment in a mutilated or defaced condition or bear signs of any erasure or alteration having been made therein, payment may be refused.

Payment of orders abroad

21. Any money orders issued in the Gilbert Islands for payment in any other country shall be subject as regards payment to the rules which govern the payment of money orders in the country in which they are payable.

Search fee

22. In the event of the remitter or payee or the authorised representative of either desiring information in regard to the issue or payment of any money order and being unable to specify the date of issue, a fee as prescribed in the Schedule shall be charged in respect of each month's accounts searched.

Records to be retained for 2 years

23. A record shall be kept by the Controller for a period of not less than 2 years of every money order issued or paid under these Regulations.

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SCHEDULE
(Regulation 4)

TARIFF OF MONEY ORDER COMMISSIONS

1. Money Orders payable within the Gilbert Islands

Amount of money order	Commission payable	
Up to $20	$0.50	
” ” $40	1.00	
” ” $60	1.50	
” ” $80	2.00	
” ” $100	2.50	

2. Money Orders payable outside the Gilbert Islands

Amount of money order	Commission payable	
Up to $20	$.1.00	
” ” $40	2.00	
” ” $60	3.00	
” ” $80	4.00	

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(2) POST OFFICE REGULATIONS
L.N. 12/78

Commencement: 1st January 1978

PART I
GENERAL

Citation

1. These Regulations may be cited as the Post Office Regulations.

Hours of attendance

2. The hours during which post offices shall be open for the conduct of various classes of public business shall be as determined and notified by the Controller of Postal Services.

Postal charges

3. The rates of postage payable for the transmission of postal packets through the post and the supplementary fees in connection therewith shall be as set forth in Schedule 1.
Schedule 1

Dimensions and weights

4. The dimensions, make-up and weights of packets transmitted through the post shall conform to the provisions of the Universal Postal Union Convention in that regard and no postal packet shall exceed such limits of weight or dimension except with the express authority of the Controller of Postal Services obtained prior to transmission.

Suitable packing

5. The contents of every postal packet shall be packed and secured by the sender in such a manner as may afford adequate protection to the contents thereof and to other postal packets.

Irregular enclosure

6. No postal packet directed to one address may contain any other packet addressed to a different address. Any postal packet found to contain any enclosure contrary to this regulation shall be surcharged on delivery with an amount equal to double the postage which would have been payable upon such enclosure if it had been transmitted separately.

PART II
REGISTRATION

Packets to be handed to officer

7. Postal packets for registration shall be handed in at a post office to an officer thereof during such hours as may be notified and shall not be posed on any posting box.

To be prepaid

8. Postal packets for registration shall be fully prepaid at the time of handing in for transmission to the place of destination.

Compulsory registration

9. (1) Every postal packet containing coins, banknotes, currency notes, negotiable instruments payable to bearer, platinum, gold, silver, manufactured or not, precious stones or jewels and like valuable articles shall be registered.

(2) Any unregistered postal packet known to contain an article specified in the paragraph (1), or any packet posted otherwise than in accordance with the regulation 7 and which bears any inscription which may reasonably be assumed to indicate it was the intention of the sender that it should be registered, shall be liable to compulsory registration and shall be subject on delivery to payment of the registration fee, specified in Schedule 1, together with the fee for underpayment of postage so specified.

Number of packets and receipts

10. Every postal packet duly handed in for registration shall be given a distinctive number. A receipt bearing such number, the address of the relative packet and an impression of the date stamp of the office at which the packet is handed in for registration shall be given to the sender by the receiving officer and such receipt shall be prima facie evidence of the registration of such packet.

Receipt on delivery

11. Any person to whom any registered postal packet is delivered shall give to the officer delivering it a receipt for the same on a form to be prescribed by the Controller of Postal Services, which receipt shall be a good discharge for the delivery of such registered packet.

Delivery through private box

12. To effect delivery of a registered postal packet through a private post office box, an advice bearing the registered number and the address of such registered packet shall be placed in such box and the presentation at the proper post office of the said advice shall be a sufficient warrant for the delivery of such registered packet to the applicant.

PART III
DELIVERY OF POSTAL PACKETS

To whom delivery may be made

13. No postal packet shall be delivered to any person other than-

(a) the addressee in person;

(b) unless the addressee has given a direction in writing to the contrary a member of the addressee's family living in the same house; or

(c) a person authorised by written order from the addressee to receive delivery of postal packets on his behalf; such order shall bear the date on which it is made and the addressee's address and shall be witnessed by some person other than the person in whose favour it is made and shall be delivered to the postmaster or other proper officer;

(d) in the case of business establishments, public institutions, hotels and lodging houses, the proprietor or manager or some person authorised in writing by the proprietor or manager to receive delivery of the correspondence at such places; or

(e) a person to whose care the postal packet is addressed.

Redirection

14. (1) Any person may make application to the postmaster of the post office through which postal packets addressed to him are delivered to have postal packets addressed to him redirected to another address.

(2) Where such application has been received, the postmaster may, for a period of 3 months, redirect all postal packets addressed to the applicant to the address furnished without payment of additional postage save in the case of postal packets required to be redirected by air mail and overseas parcels.

PART IV
UNDELIVERED POSTAL PACKETS

Undelivered postal packets

15. Any postal packet, which by reason of want of a proper address or from inability to find the person to whom it is addressed or for any other reason is, in the opinion of the postmaster, undeliverable and in respect of which no application for redirection made pursuant to regulation 14 is in force shall be marked "return to sender" and endorsed as the case may be with the words "not known", "refused", "gone away", "deceased" or other appropriate expression.

Disposal of undelivered packet

16. (1) Every postal packet marked "return to sender" in accordance with the provisions of the preceding regulation shall be forwarded to the Controller of Postal Services to be dealt with in accordance with regulation 17.

(2) Postal packets marked by the sender to be held for the addressee to call or "post restante" shall be held at the post office of delivery for a period of 1 month and, if not collected within that time, shall be marked "not claimed" and forwarded to the Controller of Postal Services to be dealt with in accordance regulation 17:

Provided that postal packets to be held for the addressee to call originally posted outside the Gilbert Islands shall be held for a period of 2 months before being forwarded.

Final disposal

17. (1) Subject to paragraph (3) all postal packets remaining undelivered shall be disposed of in the following manner-

(a) a postal packet from a place beyond the Gilbert Islands shall be returned unopened to the country of origin;

(b) a postal packet originally posted within the Gilbert Islands shall be returned to the writer or sender thereof and in order to ascertain such address any such postal packet may be opened by an officer of the post office:

Provided that a parcel returned under this or the preceding sub-paragraph and for which no request for abandonment has been made shall be retuned at the expense of the sender;

(c) a postal packet which cannot be delivered either to the addressee or to the writer or sender thereof may, unless it contains coin or valuable or saleable articles, be destroyed by an officer of the post office;

(d) a postal packet found to contain coin or any valuable or saleable article shall be safely kept and a memorandum of such contents shall be made and preserved for 3 months, at the end of which time the coin shall be paid to the general revenue and the valuable or saleable article may be destroyed or sold as the Controller of Postal Services may direct, and if sold, the proceeds thereof shall be paid into the general revenue.

(2) Before an undelivered postal packet on which postal charges have become due is returned to the sender, such postal charges shall be paid by the sender.

(3) Printed papers of no value shall not be returned to the country of origin or the sender unless the return has been asked for by means of a note on the cover.

PART V
FRANKING

Franking of postal packets

18. (1) No person shall frank postal packets for free transmission by post unless he has been duly authorised to do so by the competent authority and such authorisation has been communicated to the Controller of Postal Services.

(2) Postal packets for free transmission shall be franked for transmission by post either by means of a franking stamp approved by the Controller of Postal Services and bearing the designation of the department or office from which it is posted and the words "Official Paid", or shall bear the signature of the sender followed by his official designation at the bottom left-hand corner of the envelope or cover.

(3) Every person authorised to use a franking stamp shall be responsible for its proper use and custody according to these Regulations.

(4) Persons authorised to frank postal packets under paragraph (1) shall also be entitled to receive without prepayment of postage, letters and other documents addressed to them in their official capacity and superscribed "On Her Majesty's Service" or "On Government Service":

Provided such articles are on Government service and not on the private business or in the personal interest of the sender.

(5) The privilege of franking shall not apply to postal packets which are intended for transmission beyond the Gilbert Islands.

PART VI
DUTIES OF OFFICERS OF POST OFFICE

Information regarding postal packets

19. An officer of the post office shall not give information respecting postal packets passing through a post office except to the sender or the addressee or as may otherwise be required in the case of his duty, and in no other way shall information of a private character which comes to his knowledge in the course of his duty be made public.

Declaration to be made by officers on appointment

20. Every officer of the post office shall upon his being appointed as such make and subscribe before the Controller of Postal Services a declaration in the form contained in Schedule 2.
Schedule 2

PART VII
PRIVATE BOXES AND MAIL BAGS

Hire of private box

21. The Controller of Postal Services may, in his discretion and subject to such conditions as he may deem necessary, let to any person a private post office box at any post office for the delivery of postal packets addressed to the licensee thereof and the rental of such box shall be in accordance with the fees stipulated in Schedule 1.
Schedule 1

Power of Controller of Postal Services

22. The Controller of Postal Services may refuse to let a private post office box to any person without assigning any reason for such refusal, and may determine the licence in respect of any such box at any time without notice if it appears to him that any condition of the licence has been infringed or if in his opinion the box is intended to be or is being used for objectionable purposes.

Fees for hire of private box

23. The rental fees shall be payable annually in advance and shall be calculated to 31st December in each year, any portion of a month being considered as a full month.

Deposit in respect of keys

24. (1) The keys of a private box shall be and remain the property of the Controller of Postal Services who shall require the licensee of a private box to return the keys to him on such person ceasing to be the licensee of the box.

(2) The licensee of a private box shall in addition to any other fee payable under these Regulations make a deposit of an amount stipulated in Schedule 1. Such deposit shall be refunded if the key issued to the depositor for the private box is returned to the Controller of Postal Services within 14 days from the date on which the licence expires.

(3) If a key of a private box is lost, information in writing shall at once be given to the officer in charge of the post office in which such box is situated and the deposit made shall be forfeited.

Private mail bags

25. The Controller of Postal Services may enter into arrangements with any person residing on South Tarawa for a private mail service for the transmission of unregistered postal packets between South Tarawa and the residence or place of business of such person subject to such conditions as the Controller of Postal Services may deem expedient and to the payment by the said person of the fee set forth in the Schedule 1.

Fees for private mail bags

26. The prescribed fees shall be payable annually in advance and shall be calculated to 31st December in each year, any portion of a month being considered as a full month.

Controller of Postal Services and may refuse application

27. The Controller of Postal Services in his absolute discretion may refuse any application for a private mail bag service, or may terminate any such service on the expiration of 3 months notice of his intention to do so, and he shall thereupon refund a proportionate amount of the fee already paid in respect of such service.

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SCHEDULE 1
(Regulation 3)

POSTAL CHARGES

A. POSTAL CHARGES WITHIN THE GILBERT ISLANDS

1. Items weighting not more than 20 grams

By air or surface as available…………………………………………………..10c

2. Items weighting more than 20 grams

(i) By surface
Over 20g not over 250 g……………………………………………..15c
Over 250g not over 500g…………………………………………….20c
Over 500g not over 1 Kg……………………………………………..25c
Over 1 Kg not over 2 Kg……………………………………………..40c
Per Kg thereafter up to 20 Kg………………………………………..10c

(ii) By air
Over 20g not over 100g………………………………………………25c
Over 100g not over 250g……………………………………………..45c
Per 250g thereafter up to 20 Kg……………………………………...85c

3. Literature for the Blind ……………………………………………………Free

B. POSTAL CHARGES TO THE REST OF THE WORLD

Zone 1 - Australia, New Zealand and the Pacific Islands
Zone 2 - Asia except Middle East and USSR (Afghanistan and countries to the east)
Zone 3 - Africa, America, Europe and Middle East (Iran and countries to the west)

1. Surface Postage to the rest of the world

(i) Letters and Packets: all zones

	Letters	Printed Papers	Small Packets	
Not over 20g………………………	15c	10c	-	
Over 20g not over 100g…………...	30c	20c	20c	
Over 100g not over 250g …………	70c	40c	40c	
Over 250g not over 500 g…………	$1.40	70c	70c	
Over 500g not over 1 Kg………….	$2.50	$1.00	$1.00	
Per Kg thereafter up to 5 Kg……...	-	60c	-	
Postcards………………………….		10c		
Literature for the Blind…………………………………………………………..	Free	

(ii) Parcels

Zone 1…………………………………………………$2 plus 50c per Kg
Zone 2…………………………………………………$2 plus 70c per Kg
Zone 3…………………………………………………$2 plus 90c per Kg
up to a maximum of 10Kg (UK and Australia 20Kg)

2. Air postage to the rest of the world

	Zone 1	Zone 2	Zone 3	
Letters per 10g or part thereof………………	25c	30c	45c	
Printed papers and small packets per 10g or part thereof…………………………………...	10c	15c	20c	
Postcards……………………………………..	10c	15c	20c	
Aerograms……………………………………	20c	20c	25c	
Parcels $2 plus for each 250g or part thereof up to a maximum of 10kg (UK and Australia 20kg)…………………………………………	$1.00	$1.50	$2.00	

C. SUPPLEMENTARY CHARGES AND FEES

Registration (Section 14)………………………………………………..35c
Customs Clearance (Section 13(2))…………………………………….25c
Underpayment of Postage (Section 7)…………………………………..10c plus the deficiency
Post Box rental-large…………………………………………………….$5 per annum
(Regulation 21)-small……………………………………………$2.50 per annum
Key deposit………………………………………$5 (returnable)
Private Bag service………………………………………………………$5 per annum
(Regulation 26)

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SCHEDULE 2
(Regulation 20)

DECLARATION

I, A.B. do declare that I will not disclose to any other person any information whatsoever of a private character which may come to my knowledge in the performance of my post office duties. I understand that to do so would be a serious breach of my responsibility as an officer of the post office and could lead to my dismissal. I further understand that it is a criminal offence for any officer of the post office to open or delay any postal packet in course of transmission by post except as provided for in the Post office Ordinance and Post Office Regulations.

………………………………..
Signature

Declared before me at…………this day of……………………..19…

………………………………..
Controller of Postal Services.

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