Part V Offences in Relation to Postal Services
Section 83: Interfering with the mail: postal operators
126.Section 83 provides for it to be an offence for a person engaged in the business of a postal operator to delay or open postal packets without reasonable excuse. It amalgamates the content of offences previously included in the Post Office Act 1953. It specifies a number of cases that are not to be regarded as offences under the section.
Section 84: Interfering with the mail: general
127.Section 84(1) provides for it to be an offence if persons intentionally delay or open postal packets without reasonable excuse. It amalgamates the content of offences previously included in the Post Office Act 1953.
128.Subsection (3) makes it an offence for a person, intending to act to a person’s detriment and without reasonable excuse, to open a postal packet which he knows or suspects has been incorrectly delivered to him.
129.Subsections (2) and (4) specify a number of cases that are not to be regarded as offences under the section.
Section 85: Prohibition on sending certain articles by post
130.Section 85 sets out criminal offences of sending postal packets by post which either contain:
articles, creatures or anything likely to injure other postal packets in the course of transmission by post or postal workers. This does not apply where the postal operator has given general or specific permission for anything to be enclosed in a postal packet; or
indecent or obscene material. It is also an offence if such material is on the packet or cover of the packet.
131.The offences apply to postal packets handled by any postal operator. The section replaces section 11 of the Post Office Act 1953.
Section 86: Prohibition on affixing advertisements on certain letter boxes etc.
132.Section 86 contains criminal offences in relation to the fixing of advertisements, documents, boards or things onto post offices, post boxes or other property belonging to, or used by universal service providers in connection with the provision of a universal postal service, and other damage or disfigurement to such property. This section replaces section 61 of the Post Office Act 1953.
Section 87: Prohibition on misleading descriptions
133.Section 87 contains criminal offences intended to prohibit a person unless he has the authority of the universal service provider concerned from:
maintaining a letter box or post office and placing on them marks, words or letters with the purpose of deceiving members of the public into believing that a post box or post office is operated by a universal service provider;
using words, letters or marks which signify or imply that a ship, vehicle, aircraft or premises are used by a universal service provider to collect, receive, sort, deliver or convey postal packets in connection with the provision of a universal postal service; or
using words, letters or marks which imply that that person is authorised by a universal service provider to collect, receive, sort, deliver or convey packets in connection with the provision of a universal postal service.
134.A person also commits an offence by failing, without reasonable excuse, to comply with a notice given to him by the universal service provider to remove the words etc, or remove/close up the letter box. This section replaces section 64 of the Post Office Act 1953.
Section 88: Obstruction of business of universal service providers
135.Section 88 sets out criminal offences in relation to:
the obstruction, without reasonable excuse, of persons engaged in the business of a universal service provider in execution of their duty in connection with the provision of a universal postal service;
the obstruction, without reasonable excuse, of the business of a universal service provider while in any universal service provider’s post office or related premises; and
failing, without reasonable excuse, to leave a universal service provider’s post office or related premises when asked to do so by a person engaged in the business of a universal postal service provider on the basis that they suspect the person is obstructing their business.
136.It also enables the police to remove from the premises a person who is reasonably suspected of committing an offence under this section. This section replaces section 65 of the Post Office Act 1953.
