Home | Databases | WorldLII | Search | Feedback Tuvalu Consolidated Legislation - 2008 Edition

Post Office Act - Money Order Regulations

LAWS OF TUVALU
2008 Revised Edition

MONEY ORDER REGULATIONS

CAP. 32.04.1

Arrangement of Regulations

Regulation

1 Citation
2 Hours of business
3 Arrangements with other countries
4 Rates of commission
5 Limit of amount
6 Payments to be made in legal tender
7 Forms
8 Remitter to furnish information
9 Crossing
10 Repayment and transfer of orders
11 Alteration of name of payee or remitter
12 Stoppage of payment
13 Duplicate orders
14 Advices
15 Payment not to be made unless advice received
16 Payment subject to funds being available
17 Orders void after 12 months
18 Signature of payee
19 Remitter's name to be furnished by payee
20 Mutilated or defaced orders
21 Payment of orders abroad
22 Search fee
23 Records to be retained for 2 years

SCHEDULE

MONEY ORDER CHARGES

Supporting Documents

ENDNOTES

_________________

MONEY ORDER REGULATIONS

MADE UNDER SECTION 36 OF THE POST OFFICE ACT¹

1 Citation

These Regulations may be cited as the Money Order Regulations.

2 Hours of business

Money orders shall be issued and paid during such hours as the Postmaster may direct and the Postmaster may direct such of his officers as he may think fit to issue and pay such money orders.

3 Arrangements with other countries

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 Tuvalu may be paid at the money order offices specified in such orders.

4 Rates of commission

(1) The rates of commission which shall be charged for the 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 orders issued for payment in a country with 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.

(3) No commission shall be levied in respect of any money order which -

• (a) is payable to the Principal of Motufoua School; and

• (b) is stated by the remitter to be in respect of school fees only; and

• (c) is in respect of a sum not less than the then current school fees for one term or more than the then current fees for one year.
  

5 Limit of amount

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

(2) The Postmaster in his discretion may refuse to issue a money order to any person who fails to satisfy the Postmaster 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 Postmaster in pursuance of paragraph (2) may appeal to the Minister whose decision shall be final.

6 Payments to be made in legal tender

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

7 Forms

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

8 Remitter to furnish information

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 Postmaster may direct.

9 Crossing

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 Tuvalu, 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.

10 Repayment and transfer of orders

(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 Tuvalu, in which case application for repayment or transfer shall be made by the remitter through the officer in charge 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 officer 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 Tuvalu and payable in another country, the repayment of which is desired, application for repayment shall be made by the remitter to the Postmaster 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 advice of the officer in charge of the office of issue.

11 Alteration of name of payee or remitter

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 Tuvalu, be made by telegraph, upon payment of such further charge as may be prescribed in the Schedule.

12 Stoppage of payment

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 fee and upon application to the postmaster of the office at which the money order is payable in Tuvalu, or in the case of an order payable outside Tuvalu, to the Postmaster. No liability shall attach to the Postmaster if the order is paid in spite of such application.

13 Duplicate orders

(1) In the event of miscarriage or loss of a money order payable in Tuvalu, 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 Postmaster 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 Tuvalu shall be subject to the authority of the country of payment.

14 Advices

The officer in charge of the post office at which a money order shall be issued shall, by the first post after the issue of such order, advise the officer in charge 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.

15 Payment not to be made unless advice received

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 officer in charge of the post office and presentation of 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 Tuvalu, unless it bears the stamp of the exchange office of the country of issue

16 Payment subject to funds being available

Payment of a money order shall be subject to the possession by the officer in charge of the paying office of sufficient funds.

17 Orders void after 12 months

Except in cases in which the regulations of the country of payment stipulate a lesser period, any money order issued in Tuvalu 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 Postmaster shall have the power to renew the currency of any money order issued in Tuvalu which shall have become void, if he shall so think fit, upon the application of either the remitter or the payee and upon payment of the commission prescribed in the Schedule.

18 Signature of payee

(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 officer in charge 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 officer in charge of the post office of payment from the officer in charge of the post office of issue

19 Remitter's name to be furnished by payee

The payee shall also correctly state the name of the remitter of the money order. Nevertheless the Postmaster 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 officer in charge of the post office 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 officer in charge of the post office, he may require the person presenting the order to sign his name again upon the order in his presence.

20 Mutilated or defaced orders

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.

21 Payment of orders abroad

Any money orders issued in Tuvalu 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.

22 Search fee

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.

23 Records to be retained for 2 years

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

_____________

SCHEDULE
(Regulation 4)

MONEY ORDER CHARGES

ENDNOTES
__________________
¹ LN 23/1981, 25/1983