Postal and Telecommunications Services Act, 1983

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Exclusive privilege of the postal company.

63.—(1) The company shall, subject to the provisions of this section, have the exclusive privilege in respect of the conveyance of postal packets within, to and from the State and the offering and performance of the services of receiving, collecting, despatching and delivering postal packets.

(2) The said privilege is granted to the company—

(a) in view of its primary purpose of providing a national postal service and of the general duty imposed on it by section 13 , and

(b) in recognition of the fact that a privilege of this kind is appropriate having regard to the area and population of the State and the present state of development of postal technology, and

(c) because a viable national postal system involves subsidization of some loss-making services by profit-making services.

(3) Each of the following shall not be regarded as a breach of the exclusive privilege granted by this section—

(a) services provided in accordance with the terms and conditions of a licence granted by the company under section 73 or by the Minister under section 111 ,

(b) the conveyance and delivery of a postal packet personally by the sender,

(c) the sending, conveyance and delivery of a postal packet by means of a private individual otherwise than for hire or reward where that individual himself delivers the packet to the addressee,

(d) the sending, conveyance and delivery of a postal packet concerning the private affairs of the sender or the addressee by means of a messenger sent for the purpose by the sender or receiver of the packet provided that the messenger is either a member of the family or an employee of the sender or receiver thereof,

(e) the sending, conveyance and delivery otherwise than by post of any document issuing out of a court or of any return or answer thereto,

(f) the sending, conveyance and delivery of a postal packet of the owner of a merchant ship or commercial aircraft or of goods carried in such a ship or aircraft by means of that ship or aircraft and its delivery to the addressee by any person employed for the purpose by the owner provided that no payment or reward, profit or advantage of any kind is given or received for the conveyance or delivery of the packet,

(g) the sending, conveyance and delivery by means of a common carrier of postal packets concerning and for delivery with goods carried by him, provided that no payment or reward, profit or advantage of any kind is given or received for the conveyance or delivery of those packets.

(4) Nothing in paragraphs (b) to (g) of subsection (3) shall be taken as authorising any person to make a collection of postal packets for the purpose of their being sent, conveyed or delivered in accordance with that subsection.

(5) A postal packet originating within the State shall not be taken or sent outside the State with a view to having the packet posted from outside the State to an address within the State for the purpose of evading the exclusive privilege of the company.

(6) A person who breaches the exclusive privilege granted by this section, or who attempts to breach that privilege or who aids, abets, counsels or procures such a breach, or who conspires with, solicits or incites any other person to breach that privilege, shall be guilty of an offence. In any proceeding in relation to that offence it shall lie upon the person proceeded against to prove that the act or omission in respect of which the offence is alleged to have been committed was done in conformity with this section.

(7) In this section “postal packet” does not include a telegram, a newspaper or a parcel unless a communication or, in the case of a newspaper, a communication not forming part of a newspaper is contained in it.