LAWS OF WESTERN SAMOA

POST OFFICE ACT 1972

ANALYSIS

Title

PART I

Introductory Provisions

1. Short title
2. Commencement
3. Interpretation

PART II

Administration

4. Minister
5. The Post Office
6. Director
7. Deputy Director
8. Appointment of other officers and employees
9. Continuing existing appointments
10. Establishing of offices for postal and other functions
11. Delegation of powers by Minister and Director

PART III

The Postal Service Interpretation

12. Interpretation
13. Establishment and operation of postal communications
14. Imprinting of stationery with postage stamps
15. Automatic stamping machines
16. Postage rates and limits as to size and weight
17. Post Office reservation as to carriage of letters
18. Provisions for registration
19. Loss of or damage to registered articles
20. Contracts for carriage of mails
21. Obligation to carry mails on vessels and aircraft
22. Delivery of mails from vessel or aircraft
23. Power of transport operators to enter into contracts
24. Dangerous goods
25. Obligation of transport services to carry mails
26. Carriage and delivery of mails
27. Interception and return of postal articles
28. Examination as to postage or exemption from postage
29. Examination as to libellous, seditious, offensive, blasphemous, or gambling matter
30. Detention of suspected postal articles
31. Opening of suspected postal articles
32. Notification to addressee or sender of detained postal article
33. Disposal of article opened under this Act
34. Opening of postal articles under ministerial order
35. No right to compensation
36. Offender not relieved from liability
37. Liability for postage
38. Proceedings for recovery
39. Previously used stamps
40. Articles delivered to hotels, etc., remain under Post Office control
41. Articles unclaimed at hotels, etc., to be returned
42. Letterboxes
43. Customs fees and charges
44. Prohibition of postal articles for certain addresses
45. Loss of or delay to postal articles
46. Damage to letterbox
47. Putting fire or dangerous substance into letterbox
48. Posting of dangerous substance
49. Posting of objectionable or injurious thing
50. Article bearing insufficient postage
51. Theft of postal article by employee
52. Theft of money from postal articles
53. Theft of postal article by person other than employee
54. Receiving of postal matter dishonestly obtained
55. Stealing or unlawfully opening mail
56. Wrongful opening or delaying of postal article by employee
57. Wrongful opening or delaying of postal article by person not an employee
58. Wrongful divulgence of contents of postal article by employee
59. Divulgence of information obtained from postal article opened in error
60. Detention, loss, or damage of mail by employee
61. Fraudulently retaining or destroying a postal article
62. Making false statement
63. Obtaining postal article under false pretence
64. Recording on postal article incorrect time of posting
65. Imitation of post office envelope or mark, and use without authority of mark "On Public Service"
66. Regulations

PART IV

Creation, Custody, and Sale of Adhesive Stamps

67. Interpretation
68. Creation, custody, and sale of adhesive stamps
69. Use of stamps
70. Disposition of stamps
71. Application of revenue derived from stamps
72. Licences to sell or deal in stamps
73. Certain persons may sell stamps without licence
74. Special stamps
75. Discontinuance of dies
76. Repurchase of stamps
77. Regulations

PART V

The Telegraph Service

78. Interpretation
79. Establishment and operation of telegraph service
80. Telegraph charges
81. Delivery of telegrams
82. Telegrams delivered to hotel, etc., remain under Post Office control
83. Telegrams unclaimed at hotels, etc., to be returned
84. Emergency control of telegrams
85. Indemnity regarding telegrams
86. Conditions of giving evidence or producing telegrams
87. Telegram admissible as evident
88. Employee not responsible for transmitting libels
89. Privileged communications conveyed by telegraph
90. Protection of witnesses from in certain cases
91. Copyright in press telegrams
92. Simultaneous publication in 2 or more newspapers
93. Printing or publishing telegrams contrary to Act
94. Proof of receipt and wrongful publication
95. Sending false telegram
96. False timing of telegram
97. Wrongful opening or delaying of telegram by employee
98. Wrongful opening or delaying of telegram by person not an employee
99. Theft, secreting, or destruction of telegram
100. Divulging of contents of telegram by employee
101. Divulging of information from telegram opened in error
102. Wrongfully retaining a telegram
103. Obtaining delivery of telegram by false pretence
104. False statement regarding telegram
105. Regulations

PART VI

The Telephone Service

106. Establishment and operation of internal telephone service
107. Establishment and operation of external telephone service
108. Use of telephone equipment under contract
109. Telephone charges
110. Defrauding of revenue
111. False statement or order or offensive language by telephone
112. Divulging of information from telephone conversation
113. Disturbing or annoying any person by telephone
114. Indemnity regarding telephone service
115. Telephone cabinets, etc.
116. Injuries to lines
117. Liability in respect of damage to lines or works
118. Disfigurement of apparatus
119. Interference with telephone system
120. Enuring or existing regulations
121. Regulations relating to the telephone service

PART VII

The Post Office Savings Bank

122. Minister may continue to operate Post Office Savings Bank
123. Declaration of depositor
124. Entry of deposit
125. Withdrawals
126. Transfer of accounts
127. Secrecy in connection with deposits
128. Deposits, withdrawals and investments
129. Security to depositors
130. Rates of interest
131. Calculation of interest
132. Payment without probate or letters of administration
133. Depositor may nominate beneficiary in event of death
134. Nomination shall be in accordance with regulations
135. Regulations

PART VIII

Money orders, Postal Notes, and Postal orders

136. Transmission of money
137. Arrangements with foreign authorities
138. No liability for delay or non-payment
139. No interest or stamp duty payable
140. Forgery of crossing of money order, postal note, or postal order
141. Fraud, forgery, and theft of money orders, etc.
142. Issuing of money order, etc., with fraudulent intent
143. Prohibition of money orders for certain persons
144. Regulations
145. Arrangements and regulations to be binding

PART IX

Erection or Construction of Lines and Communication Systems

146. Licence required for erection or use of private line
147. Regulations
148. Construction and maintenance of lines, etc., by Minister
149. Contracts for private lines

PART X

Licensing and Regulation of Radio Stations and Apparatus

150. Interpretation
151. Licensing of radio stations and apparatus
152. Offences relating to radio apparatus
153. Presumptions as to such offences
154. Licensing of radio dealers or hirers
155. Regulations as to radio-communication within territorial limits
156. Taking over of radio stations in time of emergency
157. Regulations

PART XI

Accounts, Balance Sheets, and Profit and Loss Accounts

158. Bank Accounts
159. Operation of Director's Deposit Account
160. Operation of Samoan Treasury Post Office Savings Bank Account
161. Public Account
162. Money credited to Post Office
163. Advances to Director's Deposit Account
164. Balance sheets and profits and loss accounts to be prepared
165. Accounts to be laid before Parliament
166. Regulations

PART XII

Land and Buildings

167. Power to construct departmental buildings
168. Power to maintain land and buildings
169. Power to arrange leases
170. Tubes or tunnels

PART XIII

Other Offences

171. Disfiguring post office
172. Obstruction of employee
173. Personation of employee
174. Fraud of Post Office revenues
175. Wrongful use of forms
176. Wrongful use of, certain words signs
177. General penalty
178. Proceedings in respect of offences
179. Reward for procuring conviction
180. Time within which information may be laid

PART XIV

General

181. Declarations of secrecy
182. Recovery of fees and charges
183. Contracts by Minister
184. Powers of Minister
185. The Post Office Guide
186. Immunity for acts lawfully done
187. Protection of rights in official publications
188. Regulations
189. Repeals and savings
Schedules

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THE POST OFFICE ACT 1972

1972, No. 25

An Act to consolidate and amend the Samoa Post and Telegraph Order 1920 (N.Z.), the Telephone Ordinance 1953, the Western Samoa Post Office Ordinance 1959, and the Radio Communications Ordinance 1959, and their amendments

[19 December 1972

PART I

Introductory Provisions

1. Short title - This Act may be cited as the Post Office Act 1972.

2. Commencement - This Act shall come into force on the 1st day of January 1973.

3. Interpretation - In this Act, unless the context otherwise requires, -

"Act" includes Ordinance:

"Constitution" means the Constitution of the State:

'"Department" means the Department of Post Office established by this Act:

"Director" means the Director of the Department:

"Employee" means any person employed in the Public Service and for the time being employed in the Department; and includes an officer, and includes any person appointed or engaged by the Public Service Commission or the Post Office to carry out duties or functions in connection with the administration of this Act and any person employed by that person in connection with those duties or functions:

"Gazette" means the Western Samoa Gazette:

"Government" means the Government of Western Samoa:

"Line" means a wire or wires or a conductor of any other kind used or intended to be used for the transmission, emission, or reception of signs, signals, impulses, writing, images, sounds, or intelligence of any nature by means of any electromagnetic system; and includes any pole, insulator, casing, fixture, tunnel, or other equipment or material used or intended to be used for supporting, enclosing, surrounding or protecting any such wire or conductor; and also includes any part of a line:

"Minister" means [the Minister of Communications and Transport]:

"Officer" means any person employed in the Public Service and for the time being employed in the Department, and includes any contract officer so employed and any person employed in the Department under a scheme of international assistance:

"Post Office" means the Department of Post Office established by this Act:

"Prescribed" means prescribed by this Act or any regulations:

"Regulations" means regulations made under this Act:

"Road" includes a street and any other place to which the public have access, whether as of right or not, and also includes all bridges, culverts, ferries, and fords forming part of any road, street, or other place as aforesaid:

"The State" means the Independent State of Western Samoa:

"Works" includes a line and any instrument, furniture, plant, office, building, machinery, engine, excavation, or work, of whatever description, used for, or in any way connected with, a line, or a radio transmitter or a radio receiver.

"Minister": In this definition the reference to the Minister of Communications and Transport was substituted for a reference to the Minister of Post Office by s. 2(1) of the Ministerial Portfolios Act 1976. (As to the term "Minister of Transport", see s. 11(5) of the Ministry of Transport Act 1978.)

PART II

Administration

4. Minister - (1) The Minister charged by the Prime Minister with the responsibility for the Post Office, shall be known as [the Minister of Communications and Transport].

(2) The Minister shall have the general administration of this Act.

In subclause (1) the reference to the Minister of Communications and Transport was substituted for a reference to the Minister of Post Office by s. 2(1) of the Ministerial Portfolios Act 1976. (As to the term "Minister of Transport", see s. 11(5) of the Ministry of Transport Act 1978.)

5. The Post Office - (1) There is hereby constituted and established a Department of the Government to be known as the Post Office, which shall be an amalgamation of the Departments existing under the names of the Post Office of Western Samoa and the Radio Department of Western Samoa at the coming into force of this Act.

(2) There may from time to time be constituted and established such Divisions of the Department as may be necessary.

6. Director - (1) There shall from time to time be appointed by the Public Service Commission a person to be called the Director of Post Office, who shall be the administrative head of the Department.

(2) The person who holds the office of Chief Postmaster and Superintendent of Radio on the coming into force of this Act shall be deemed to have been appointed Director under this section.

7. Deputy Director - (1) There may be appointed from time to time an officer of the Post Office called the Deputy Director who shall, under the control of the Director, perform such general official duties as he is called upon to perform by the Director.

(2) On the occurrence of a vacancy in the office of Director, from any cause, or in the event of the absence from duty of the Director from any cause, the Deputy Director shall, so long as the vacancy or absence continues, have and may exercise all the powers, duties, and functions of the Director.

(3) The fact that the Deputy Director exercises any power, duty, or function as aforesaid shall be conclusive evidence of his authority so to do, and no person shall be concerned to inquire whether the occasion has arisen requiring or authorising him so to do.

8. Appointment of other officers and employees - There may from time to time be appointed such other officers and employees of the Post Office as may be necessary.

9. Continuing existing appointments - All persons who at the commencement of this Act hold office in the Departments of Post Office and Radio shall be deemed to have been appointed under this section and shall continue to hold office accordingly.

10. Establishing of offices for postal and other functions - The Minister may from time to time establish public offices and assign to those offices such postal, savings bank, telegraph, telephone, or other functions of the Post office as he thinks necessary, and may from time to time add to or withdraw from any such office any of the functions for which it was established or is exercising, or close any such office.

11. Delegation of powers by Minister and Director - (1) The Minister may from time to time in writing delegate to the Director all or any of the powers, functions or duties conferred or imposed on the Minister by or under this or any other Act, except this present power of delegation and the power of consent conferred by subsection (2) of this section.

(2) The Director may from time to time in writing delegate to any person under his control all or any of the powers, functions or duties conferred or imposed on the Director by or under this or any other Act:

Provided that the Director shall not delegate any power, function or duty delegated to him by the Minister without the consent in writing of the Minister, or any power, function or duty delegated to him by the Public Service Commission without the consent in writing of that Commission.

(3) Subject to any general or special directions given or conditions attached by the Minister or the Director, as the case may be, the person to whom any powers, functions or duties are delegated under this section may exercise those powers or functions and carry out those duties in the same manner and with the same effect as if they had been conferred or imposed on him directly by this section and not by delegation.

(4) Any delegation under subsection (2) of this section may be made to a specified person or to persons of a specified class, or may be made to the holder or holders for the time being of a specified office or class of offices.

(5) Every person purporting to act pursuant to any delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.

(6) Every delegation under this section shall be revocable at will, and no such delegation shall prevent the exercise of any power or function or the carrying out of any duty by the person by whom the power, function or duty was delegated.

(7) Every delegation made under this section shall, until it is revoked, continue in force according to its tenor, notwithstanding the fact that the Minister or the Director, as the case may be, by whom it was made may have ceased to hold office, and shall continue to have effect as if made by his successor in office.

PART III

The Postal Service

12. Interpretation - (1) In this Part of this Act, unless the context otherwise requires, -

"Customs Acts" has the same meaning as is specified in any Customs Act for the time being in force:

"Mail" means postal articles collected for conveyance by the Post Office in the exercise of its functions under this Part of this Act, whether in mail bags, hampers, boxes, or otherwise; and includes a mail bag or other receptacle carried or otherwise dealt with as if it contained postal articles, whether or not it contains any postal article:

"Postage" means the duty chargeable for the transmission of postal articles by post:

"Postal article" means a letter newspaper, parcel, or any other article that has been posted; and includes telegram that has been conveyed or otherwise dealt with in the manner of a posted letter; and also includes all article which, although it may have been delivered within the meaning of subsection (3) of this section, has not reached the hands of the addressee:

"Postal authority", in respect of Western Samoa, means the Minister and, in respect of any other country, means the holder of the office most closely approximate to that of the Minister in Western Samoa:

"Post office" means any building, house, room, vehicle or place where, under the control of the Minister, postal articles are received or delivered, or where they are sorted, made up or dispatched:

"Valuable security" includes the whole or any part of any order, money order, postal note, or other security, and every document forming the title or evidence of the title to any property of any kind whatever:

"Vessel" means every description of vessel employed on the high seas or on any navigable water:

"Postmaster" means any officer or employee who is in charge of any post office or sub post office.

(2) An article shall be deemed to have been posted when, for the purpose of being conveyed or delivered by post, it has been put into a post office letterbox, or delivered at a post office, or accepted for the purpose of being conveyed by post by an employee in the course of his duty.

(3) Subject to the provisions of this Act, a postal article shall be deemed to be delivered to the addressee when it is delivered by the Post Office at his house or office, or into his letter box or rural delivery box, or into the proper private box at a post office, or to him, or to his servant or agent or other person considered to be authorised to receive the article, or according to the usual manner of delivering postal articles to the addressee.

In subs. (1), as to the term "Customs Acts", see s. 3 of the Customs Act 1977.

13. Establishment and operation of postal Communications - (1) The Minister may from time to time establish and operate postal communications within Western Samoa.

(2) The Minister may from time to time make arrangements, either direct or through any other country, with the postal authority of any country other than Western Samoa for the establishment and operation of postal communications between Western Samoa and that other country or through Western Samoa or any other country.

14. Imprinting of stationery with postage stamps - (1) The Minister may from time to time cause to be made and sold postcards, envelopes, lettercards, wrappers, and other postal stationery bearing thereupon printed postage stamps.

(2) The Minister may from time to time cause privately owned stationery to be imprinted with postage stamps and may charge the owner with the face value of the stamps and with any costs incurred in connection with the imprinting of the stationery.

(3) The provisions of this Act relating to adhesive stamps and to postage stamps generally shall, as far as they are applicable; and with the necessary modifications, apply to stamps imprinted under this section.

15. Automatic stamping machines - (1) The Minister may from time to time, on receiving such security as he thinks fit, cause or permit to be issued to any person automatic stamping machines for making impressions denoting the sign of postage and the amount of stamp values and for recording any such amounts.

(2) Impressions made by any such machine lawfully used shall be valid for the payment of postage and of charges on telegrams in the same manner as if adhesive stamps were used.

(3) The amount of stamp values recorded by any such machine shall be paid to the Post Office at such intervals as the Minister determines by the persons to whom the machines have been issued, and the sums received shall form part of the revenue of the Post Office and shall be paid accordingly into the Public Account.

(4) Refunds of the amounts represented by impressions made and recorded by any such machine in error and not used shall be charged on the revenue of the Post Office and be paid out of the Public Account.

16. Postage rates and limits as to size and weight - (1) In respect of postal articles posted in Western Samoa for delivery in Western Samoa, the rates of postage and the limits of size and weight shall be as from time to time prescribed by the Head of State, acting on the advice of Cabinet.

(2) In respect of postal articles posted in Western Samoa for delivery outside Western Samoa, the rates of postage and the limits of size and weight shall be as from time to time fixed by the Minister by notice published in the Gazette and the Savali.

17. Post Office reservation as to carriage of letters - (1) For the purposes of this section the term "letter" includes any letter, postcard, commercial paper and sample packet, and any other article of a class declared by the Head of State, acting on the advice of the Minister, by order, to be letters for the purposes of this section.

(2) Subject to the provisions of this section, no letter shall be carried for hire or reward otherwise than by post, and no letter shall be sent or taken charge of for the purpose of being so carried:

Provided that nothing in this subsection shall apply to - 

(a) Trade announcements, circulars, printed extracts from newspapers, or advertisements, not addressed to any person;

(b) Letters delivered by a servant of the sender;

(c) Letters delivered by a messenger employed by the sender especially for the purpose, not being a person employed generally to deliver letters;

(d) Letters exceeding 16 ounces in weight;

(e) Letters concerning goods sent with the goods and delivered therewith;

(f) Letters containing any writ or proceeding out of any Court, or any legal instrument of any kind;

(g) Letters sent by any person concerning his private affairs by any special messenger;

(h) Letters sent or carried to or from a post office;

(i) Letters carried under an authorisation issued by the Minister under subsection (4) of this section.

(3) The carrying of any letter otherwise than by post shall be presumed to be done for hire or reward until the contrary is shown; and the sending or taking charge of a letter for conveyance otherwise than by post shall be presumed to be done for the purpose of its conveyance for hire or reward until the contrary is shown.

(4) Subject to such conditions, prohibitions and restrictions as may be specified in regulations, the Minister may from time to either generally or in the case of any particular person, authorise letters to be carried for hire otherwise than by post, and to be sent or taken charge of for that purpose.

(5) Every person who carries, sends or takes charge of any letter contrary to the provisions of this section commits an offence against this Act and shall be liable to a fine not exceeding $40 in respect of every letter to which the breach relates.

18. Provisions for registration - Any person sending by post any postal article, other than an article which is required to be insured pursuant to regulations, shall be entitled to have the article registered, and to obtain a receipt for it, upon the payment of the appropriate registration fee, in addition to the ordinary postage.

19. Loss of or damage to registered articles - The registration of any postal article shall not confer on any person any right to compensation or damages or impose upon the Government any liability for the loss of or damage to the postal article or any part thereof, except so far as compensation, is provided for by regulations.

20. Contracts for carriage of mails - The Minister may from time to time enter into contracts with any person for or in respect of the conveyance of mails or postal articles by such means and upon such terms and conditions as the Minister thinks fit.

21. Obligation to carry mails on vessels and aircraft - (1) The master of every vessel and the pilot in charge of every aircraft about to depart from any place in Western Samoa to any place within or beyond Western Samoa - 

(a) Shall receive any mails which are tendered to him by any employee;

(b) Shall if required give a written receipt for the mails;

(c) Shall cause a description of the mails to be entered upon the manifest of the vessel or aircraft;

(d) Shall, as far as it is practicable to do so, carefully deposit the mails on board in some place which is secure, dry, and vermin proof, and lock the mails up and carry them apart from all other things;

(e) Shall convey the mails upon the journey.

(2) The proper officer of Customs may refuse a clearance of the vessel or aircraft when it appears to him that the master or pilot in charge has refused any mails contrary to the provisions of this section.

(3) In the absence of a contract under this Part of this Act there shall be paid to the proprietor of any vessel or aircraft which carries mails under this section fees or allowances at such rates as may from time to time be fixed by the Minister in that behalf.

(4) Every master or pilot in charge who fails to comply with any of the provisions of this section commits an offence against this Act and shall be liable to a fine not exceeding $200.

22. Delivery of mails from vessel or aircraft - (1) On the arrival of a vessel or aircraft at any place in Western Samoa, whether or not from beyond Western Samoa, all mails which are on board the vessel or aircraft and are intended for discharge at that place shall be duly delivered to the Director or other employee.

(2) The employee shall on demand give a receipt for any such mails received by him.

(3) The master, pilot in command, or other person belonging to any such vessel or aircraft who, having charge of any such mails refuses or neglects to deliver such mails as aforesaid, or detains or permits the detention of such mails on board, or does not use due diligence in the delivery of such mails, or does not take due care for the secure and dry custody of such mails so long as they are in his charge, commits an offence against this Act and shall be liable to a fine not exceeding $200.

23. Power of transport operators to enter into contracts - Every body corporate or authority shall be deemed to have power to enter into contracts under this Part of this Act for the carriage of mails or postal articles, notwithstanding that any such contract may be beyond the scope of or not included within the objects, powers, or purposes of the body corporate or authority.

24. Dangerous goods - No body corporate or authority operating a transport service shall be obliged to carry any postal article which any such body corporate or authority under its rules or, bylaws may refuse or is forbidden to carry because of its dangerous nature.

25. Obligation of transport services to carry mails - (1) The proprietor or manager of every transport service operating for hire or reward by land, air or inland waterways shall, at the request of the Postmaster, carry mails by any vehicle, aircraft or vessel normally conveying goods or passengers in that service.

(2) The driver or other person in charge of any vehicle, aircraft or vessel in any such transport service, whether the vehicle, aircraft or vessel is operating in the regular course of business or otherwise, shall on the request of a Postmaster or an employee authorised in that behalf by a Postmaster, receive and carry mails from any place to any other place on or near the route of the vehicle, aircraft or vessel.

(3) In the absence of a contract under this Part of this Act, there shall be paid to the proprietor of any transport service which carries mails under this section fees or allowances at such rates as may from time to time be fixed by the Minister in that behalf.

(4) Any proprietor, manager, driver, or other person who, being required to receive mails as aforesaid, refuses to receive them, or having received them refuses to give a written receipt therefor if required to do so, commits an offence against this Act and shall be liable to a fine not exceeding $200.

26. Carriage and delivery of mails - (1) Every person who is required, whether in accordance with section 21 or section 25 of this Act or in accordance with a contract under this Part of this Act, to carry mails shall:

(a) Afford all reasonable facilities for the receipt and delivery of the mails;

(b) Carry the mails within a reasonable time and duly deliver them to the Director or other employee authorised to receive the mails;

(c) Pay due attention to the security and proper care of the mails.

(2) Every person who fails to comply with any of the provisions of this section commits an offence against this Act and shall be liable to a fine not exceeding $200.

27. Interception and return of postal articles - No postal article shall be intercepted and returned to the sender at his request except upon the authority of the Minister:

Provided that -

(a) Letters of an official character sent from any Department of the Government; or

(b) Postal articles other than letters - 

may be intercepted and returned to the sender or his authorised agent under the authority in writing of the Director.

As to privilege of communications for the operations and personnel of the International Development Association, the International Bank for Reconstruction and Development, the International Finance Corporation and the International Monetary Fund, see s. 9 of the International Finance Agreements Act 1971

As to letters written by mental defectives, see s. 39 of the Mental Health Ordinance 1961.

The Postmaster at Apia is to notify an inspector under the Plants and Soil Importation (Disease Control) Ordinance 1950, within 24 hours, of the arrival of an imported plant; see s. 7(4) of that Act.

28. Examination as to postage or exemption from postage - (1) Every Postmaster shall be entitled to examine the contents of any postal article, other than a letter, in order too discover whether the proper postage has been paid or, if the article has been posted as being exempt from postage, whether it is in fact exempt.

(2) Every question as to whether or not any postal article toy which subsection (1) of this section applies is entitled to be sent at the rate of postage paid, or, in the case of an article posted as being exempt, whether it is entitled to exemption, shall be decided by the Minister, whose decision shall be final.

See the notes to s. 27 of this Act.
As to exemptions, see s. 6(h) of the Head of State Act 1965 and s. 11(g) of the Potlatch Act 1967.

29. Examination as to libellous, seditious, offensive, blasphemous, or gambling matter - Where the Minister or any Postmaster has reason to suspect that any postal article, other than a letter, contains any printed or written matter which is of a libellous, seditious, offensive, or blasphemous nature, or which advertises any illegal lottery or scheme of chance, he may cause the postal article to be examined and, if it is found to contain any such matter or enclosure, he shall refer the matter to the Director, who may cause the postal article and its contents to be destroyed.

See the note to s.27 of this Act.

30. Detention of suspected postal articles - Where the Minister or any Postmaster has reason to suspect that any postal article Contains any enclosure in fraud or violation of this Act, or of any Customs, Poisons, or Narcotics Act, or of any enactment prohibiting or controlling the transfer of money or valuable securities by post, he shall detain the postal article for opening and examining in accordance with section 31 of this Act.

31. Opening of suspected postal articles - (1) Every postal article which is detained under section 30 of this Act may be opened and examined at a post office by 2 officers of the Post Office specially nominated for that purpose by the Minister, or by one such officer nominated as aforesaid in the presence of another officer or in the presence of an officer of the Customs; and shall not be opened or examined otherwise.

(2) Any officer nominated under this section may be designated by name or as the holder for the time being of a specified office in the Post office and, while any person holds any office referred to in the nomination he shall be deemed to be nominated under this section by the Minister.

See the notes to s. 27 of this Act.

32. Notification to addressee or sender of detained postal article - Where it is intended to open a postal article under section 31 of this Act, the Minister shall cause notice thereof to be sent to the addressee if he is known or otherwise to the sender thereof if he is known:

Provided, however, that this section shall not apply where the postal article is suspected of contravening a Poisons or Narcotics Act.

33. Disposal of article opened under this Act - (1) Subject to the provisions of this Act, if any postal article opened or examined under this Act is found to be in fraud or violation, or to have been posted in fraud or violation, of this Act or of any enactment prohibiting or controlling the transfer of money or valuable securities by post, the Minister may direct that the postal article be forfeited; and any such article shall be destroyed or otherwise disposed of in accordance with his directions. Any postal article opened or examined under this Act which is suspected of contravening a Poisons or Narcotics Act shall forthwith be delivered into the custody of the Commissioner of Police.

(2) If any postal article opened under this Act is found to be in fraud or violation, or to have been posted in fraud or violation, of any of the Customs Acts, it shall be handed over to the Customs Department to be dealt with in accordance with the Customs Acts.

(3) Every postal article opened under this Act and found to contain any valuable or saleable enclosure shall together with its contents be safely kept pending its disposition under this section, and a list of any such postal articles together with a memorandum of the contents thereof shall be made and preserved.

See the notes to s. 27 of this Act.
As to the Commissioner of Police, see s. 3(3) of the Police Service Act 1977.

34. Opening of postal articles under ministerial order - (1) The Director may, if authorised by the Minister in writing, detain or open any postal article if it shall appear necessary, desirable, or expedient in the public interest.

(2) If any postal article opened upon this section is found to contain any money belonging to the Government, the Director shall extract the money therefrom and cause the same to be paid to the appropriate Department or Account.

See the notes to s. 27 of this Act.

35. No right to compensation - No person shall have any right to compensation, nor shall any liability be imposed upon the Government by reason of the detention, opening, forfeiture, destruction, or disposal of a postal article or its enclosure under the powers conferred by this Act.

36. Offender not relieved from liability - The detention, destruction, or disposal under this Act of a postal article or its enclosure shall not relieve any person from his liability for any offence against this or any other Act.

37. Liability for Postage - (1) Where a postal article not bearing full postage has failed in delivery, or has been refused by the addressee, or has been rejected by the addressee, the sender shall be liable to pay the deficiency in postage and the surcharge in respect of the deficiency, and also any additional postage for returning the article.

(2) Where a postal article not bearing full postage is delivered to the addressee and he has accepted delivery, the addressee shall be liable to pay the deficiency in postage and the surcharge in respect of the deficiency.

38. Proceedings for recovery - In any action or other proceeding for the recovery of postage - 

(a) The production of the postal article having thereupon a post office mark denoting that the addressee was dead or could not be found, or that the article was refused or rejected, shall, in the absence of proof to the contrary, be sufficient evidence of the circumstance denoted;

(b) The person from whom the postal article purports to have come shall, in the absence of proof to the contrary, be deemed to be the sender thereof;

(c) The post office mark upon a postal article shall, in the absence of proof to the contrary, be sufficient evidence that the sum marked thereupon is payable as postage.

39. Previously used stamps - Where the Director has reason to suspect that in respect of any postal article the proper postage has been fraudulently evaded by the use of defaced, fictitious or previously used stamps, he may refuse to deliver the postal article unless the addressee agrees to disclose the name, occupation and address of the sender, and, after opening the postal article and retaining the enclosures, to deliver up the envelope or wrapper bearing the defaced, fictitious or previously used stamps.

40. Articles delivered to hotels, etc., remain under Post Office control - Notwithstanding the provisions of subsection (3) of section 12 of this Act, every postal article delivered to any hotel, public or private lodginghouse, shipping office or travel agency, shall be deemed to be under the control of the Minister until the article reaches the hands of the addressee.

41. Articles unclaimed at hotels, etc., to be returned - (1) If any postal article at the end of one month after delivery to an hotel, a lodginghouse, a shipping office or a travel agency has not reached the addressee, the person in charge of the hotel, lodginghouse, office or agency shall, if no instructions to the contrary have been received from the addressee, return the article to the nearest post office, with the reason therefore.

(2) Any such person as aforesaid who neglects or fails try comply with any of the provisions of subsection (1) of this section commits an offence against this Act and shall be liable to a fine not exceeding $100.

42. Letterboxes - The Minister may from time to time cause post office letterboxes or rural delivery boxes to be erected and maintained in any road, street, reserve, or public place, under the control of any authority:

Provided that no such letterbox or rural delivery box shall be so placed as to interfere with ordinary traffic.

43. Customs fees and charges - (1) There may be charged in respect of postal articles arriving from other countries and containing goods liable to Customs duty a special fee (in this section referred to as a Customs clearance fee) of such amount as may from time to time be prescribed by regulations.

(2) The Minister may in his discretion retain possession of any postal article in respect of which a Customs clearance fee is payable until the fee has been paid.

(3) Money received as Customs clearance fees shall be deemed to be Post Office revenue, and shall be paid into the Public Account.

(4) The Minister shall have the same right of recovering any sum payable in pursuance of the Customs Acts in respect of any postal article as he would have if the sum so payable were postage payable under this Act.

As to the application of the Customs Acts to goods passing through the Post Office, see s. 278 of the Customs Act 1977.

As to exemptions, see s. 6 (h) of the Head of State Act 1965 and s. 11(g) of the Potlatch Act 1967.

44. Prohibition of postal articles for certain addresses - If the Minister has at any time reasonable ground to suspect any person in Western Samoa or elsewhere to be engaged in - 

(a) Any business or undertaking relating to illegal gaming or betting, or to the conduct of an illegal lottery, or to fortune telling; or

(b) Any obscene, immoral or unlawful business or undertaking; or

(c) Advertising in direct or indirect terms regarding sexual matters in a manner likely to be offensive - 

the Minister may, by notice in the Gazette, order that no postal article addressed to that person (whether by his own or any fictitious or assumed name) or to his address without a name shall be forwarded or delivered under this Act.

See the notes to s. 27 of this Act; see also s. 143 of this Act.

45. Loss of or delay to postal articles - Except as otherwise provided by this Act, no person shall have any right to compensation nor shall any liability be imposed upon the Government by reason of any loss, default, delay, or omission in relation to any postal article.

46. Damage to letterbox - (1) Every person who - 

(a) Wilfully defaces, breaks, damages or defiles, any post office letterbox; or

(b) Puts any living creature or any filthy or noxious substance or any fluid into any post office letterbox or the posting place at a post office; or

(c) Without the authority of the Minister, affixes or attempts to affix any placard, advertisement, notice, list, document, board or thing on any post office letterbox-

commits an offence against this Act and shall be liable to a fine not exceeding $100; and, in addition to any penalty imposed, to pay to the Minister compensation for any damage done (including damage done to the contents of the letterbox).

(2) Any sum ordered under subsection (1) of this section to be paid as compensation may be recovered in the same way as a sum edged by the Court to be paid as a fine.

47. Putting fire or dangerous substance into letterbox - Every person who puts into any post office, or into any post office letterbox, fire, or light, or any explosive, dangerous or destructive substance or fluid, or any matter or thing likely to injure any postal article or any person, commits an offence against this Act and shall be liable to imprisonment for a term not exceeding 5 years.

48. Posting of dangerous substance - Every person who posts or causes to be posted any postal article containing any explosive, dangerous or destructive substance or fluid commits an offence against this Act and shall be liable to imprisonment for a term not exceeding 5 years:

Provided that nothing in this section shall apply to poisons when sent and packed in accordance with regulations.

49. Posting of objectionable or injurious thing - Every person who posts or causes to be posted any postal article - 

(a) Containing any filthy or noxious substance, or any animal or thing which is noxious; or

(b) Containing any indecent or obscene writing, print, painting, photograph, engraving, book, card, article or representation of any kind; or

(c) Having thereon or on its cover any word, mark, design or representation of an indecent, obscene or grossly offensive character; or

(c) Containing any sharp article, fluid, or any other injurious thing, not properly packed, - 

commits an offence against this Act and shall be liable to a line not exceeding $200.

See the notes to s. 27 of this Act.

50. Article bearing insufficient postage - Every person who posts or causes to be posted - 

(a) Any postal article purporting to be entitled to exemption from postage or to transmission at a lower than the ordinary rate of postage, but which is not so entitled; or

(b) Any postal article containing any other unstamped or insufficiently stamped postal article that if sent alone would be liable to postage - 

commits an offence against this Act and shall be liable to a fine not exceeding $100.

51. Theft of postal article by employee - (1) Every employee who steals, or for any purpose whatever contrary to his duty secretes or destroys, a postal article of any kind other than a postal article to which subsection (2) of this section applies commits an offence against this Act and shall be liable to imprisonment for a term not exceeding 7 years, or, if the article contains therein any chattel, money, or valuable security, shall be liable to imprisonment for a term not exceeding 10 years.

(2) Every employee who steals, or for any purpose contrary to his duty secretes or destroys, any postal article being a printed paper without a cover or in an open cover commits an offence against this Act and shall be liable to imprisonment for a term not exceeding 5 years.

52. Theft of money from postal articles - Every person who steals from or out of a postal article any chattel, money, or valuable security shall be liable to imprisonment for a term not exceeding 10 years if an employee and not exceeding 5 years if not an employee.

53. Theft of postal article by person other than employee - (1) Every person, other than an employee, who steals any postal article of a kind other than a postal article to which subsection (2) of this section applies commits an offence against this Act and shall be liable to imprisonment for a term not exceeding 3 years.

(2) Every person, other than an employee, who steals any postal article being a printed paper without a cover or in an open cover commits an offence against this Act and shall be liable to imprisonment for a term not exceeding 6 months.

54. Receiving of postal matter dishonestly obtained - (1) Every person who receives any mail or postal article or the contents of any postal article obtained by any offence against this Act knowing the same to have been dishonestly obtained commits an offence against this Act and shall be liable to the same penalty as the person who committed the offence by which the mail or postal article or contents was obtained.

(2) The provisions of subsection (2) of section 90 of the Crimes Ordinance 1961 or any other enactment passed in substitution thereof, relating to receiving stolen property, shall, as far as they are applicable, and with the necessary modifications, apply to any offence under this section.

55. Stealing or unlawfully opening mail - Every person who steals or unlawfully opens any mail commits an offence against this Act and shall be liable to imprisonment for a term not exceeding 5 years.

56. Wrongful opening or delaying of postal article by employee - Every employee who, contrary to his duty, opens, or procures or suffers to be opened, a postal article, or wilfully delays or detains a postal article, or procures or suffers a postal article to be delayed or detained, commits an offence against this Act and shall be liable to imprisonment for a term not exceeding 5 years.

57. Wrongful opening or delaying of postal article by person not an employee - Every person, other than an employee, who wilfully and without reasonable excuse opens or causes to be opened any postal article which is not intended for him, or does any act or thing whereby the postal article is prevented or delayed from reaching the person for whom it is intended, commits an offence against this Act and shall be liable to imprisonment for a term not exceeding 2 years.

58. Wrongful divulgence of contents of postal article by employee - Every employee who divulges to any person, except so far as is lawfully permitted, any information from or as to the: contents of a postal article that has come to his knowledge in the course of his duty, commits an offence against this Act and shall be liable to imprisonment for a term not exceeding 6 months.

For the authority of the Commissioner of Inland Revenue and of the Courts to obtain information, see ss. 10 to 12 of the Inland Revenue Administration Act 1974.

59. Divulgence of information obtained from postal article opened in error - Every person, other than an employee acting in the course of his duty, who, having examined the contents of a postal article not intended for him, divulges without good and sufficient cause to any person any information obtained by him from or as to the contents of the postal article commits an offence against this Act.

60. Detention, loss, or damage of mail by employee - Every employee who negligently or wilfully fails to deliver any' mail w postal article, or who negligently loses any mail or postal article, whether or not it is afterwards recovered, or who negligently or wilfully damages any mail or postal article, commits an offence against this Act and shall be liable to a fine not exceeding $200 or to imprisonment for a term not exceeding 6 months or both.

61. Fraudulently retaining or destroying a postal article - Every person who, having received or acquired a postal article or a mail not intended for him, fraudulently retains, or wilfully secretes, keeps, detains or destroys, or who, when required by an employee, neglects or refuses to deliver up the postal article or mail, commits an offence against this Act and shall be liable to imprisonment for a term not exceeding 2 years.

62. Making false statement - Every person who - 

(a) Falsely states that he posted a postal article; or

(b) Falsely states that he posted a postal article containing money or some other valuable enclosure, whereas in fact he posted an article not containing money or other valuable enclosure or containing money or some other enclosure of less value than the value so stated by him; or

(c) Falsely states that any postal article was not received by him; or

(d) falsely states that the contents or any portion of the contents of any postal article posted by or delivered to him were unlawfully abstracted before delivery - 

commits an offence against this Act and shall be liable to imprisonment for a term not exceeding 2 years.

63. Obtaining postal article under false pretence - Every person who by means of any false pretence or misstatement includes any employee to deliver to him any postal article not addressed to or intended for him, and every employee who knowingly delivers any postal article to any person not lawfully entitled to receive it, commits an offence against this Act.

64. Recording on postal article incorrect time of posting - Every person who falsely marks any postal article so as lead any person to believe that it was posted at a time other than the time when it was in fact posted commits an offence against this Act.

65. Imitation of post office envelope or mark, and use without authority of mark "On Public Service" - Every person who, without due authority, -

(a) Makes, issues or uses any envelope, wrapper, card, form or paper in imitation of one issued by any postal authority; or

(b) Makes on any envelope, wrapper, card, form or paper, any mark, in imitation of, or purporting to be, a mark of any post office under this Act or under any postal authority; or sends by post or otherwise any envelope, wrapper, card, form or paper so marked; or

(c) Makes, issues, or uses any envelope, wrapper, card, form or paper having thereon any words, letters, or marks which signify, or may reasonably lead any person to believe, that a postal article bearing the same is sent on public service; or makes on any envelope, wrapper, card, form or paper, any words, letters or marks having the same effect -

commits an offence against this Act.

66. Regulations - (1) The Head of State, acting on the advice of Cabinet, may from time to time make regulations in regard to any matter or for any purpose for which regulations are prescribed or contemplated by this Part of this Act, and may make all such other regulations as may in his opinion be necessary or expedient for giving full effect to the provisions of this Part of this Act, and for the due administration thereof.

(2) Without limiting the general power to make regulations conferred by subsection (1) of this section, regulations may be made under this section -

(a) Prescribing conditions relating to the registration of postal articles and the charges for registration;

(b) Providing for the payment of compensation in respect of the loss of or damage to any postal article;

(c) Requiring or permitting, subject to such conditions as may be prescribed, the sender to insure postal articles, whether for delivery within or beyond Western Samoa, and prescribing the premiums payable in respect of any such insurance;

(d) Prescribing what articles and what contents are prohibited from the post;

(e) Providing for the registration of newspapers and magazines for the purposes of this Act;

(f) Regulating the dispatch, conveyance and delivery of postal articles;

(g) Providing for the detaining, opening and return or other disposal of postal articles which bear insufficient postage or were irregularly posted or are unclaimed, refused or rejected, or of such postal articles as, from any cause whatever, cannot be delivered or forwarded, and of the contents thereof;

(h) Prescribing fees in respect of the performance of any function authorised under this Part of this Act;

(i) Providing for the exemption from postage of postal articles sent on the service of the public, newspapers sent to public institutions, reading matter for the blind, and such other postal articles as the Head of State, acting on such advice, thinks fit;

(j) Regulating the general conduct of the business and proceedings of the Post Office in relation to the postal service.

As to regulations, see Index to Regulations in this title.

PART IV

Creation, Custody, and Sale of Adhesive Stamps

67. Interpretation - In this Part of this Act, unless the context otherwise requires, -

"Stamp" means an adhesive stamp created for the purposes of this Act or the Act for the time being in force relating thereto;

"Special stamp" means a special stamp created under section 74 of this Act.

68. Creation, custody, and sale of adhesive stamps - Subject to the provisions of this Part of this Act, the creation, custody, sale and disposition of adhesive stamps shall take place in accordance with regulations made under this Part of this Act, or in default of any such regulations or so far as any such regulations do not extend, then in accordance with the directions of the Minister.

69. Use of stamps - Subject to the provisions of section 74 of this Act, all stamps created under this Part of this Act shall be available for the purposes of this Act and of the Act for the time being in force, and all the provisions of those Acts, including the penal provisions, shall apply accordingly.

70. Disposition of stamps - Stamps created under this Part of this Act may be issued by the Post Office on sale to the public, whether in Western Samoa or elsewhere, or to licensees or other persons authorised to sell stamps, or to any Department of State on requisition by the proper officer of that Department for the purposes thereof or for sale.

71. Application of revenues derived from stamps - (1) The revenue derived from the sale or use of stamps used for the purposes of this Act shall, after deduction of such commission or other expenses as maybe authorised by the Minister, be credited as revenue of the Post Office, and shall be paid into the Public Account.

(2) All other revenue derived from the sale or use of stamp shall be paid to the Public Account.

(3) If any question arises as to the amount to be credited to the Post Office or paid to the Public Account under this section, the question shall be determined by the Minister of Finance.

(4) All adjustments of accounts necessary to give effect to the provisions of this section may be made without further authority than this section.

72. Licences to sell or deal in stamps - (1) The Director may in his discretion, grant a licence to any person to sell or deal in stamps at any place to be named in the licence.

(2) The licence shall specify the name and place of business of the person to whom it is granted, and a description of every place in or at which he is authorised to sell or deal in stamps.

(3) Any such licence may be at any time revoked by the Director.

(4) Every person who, not being licensed as aforesaid, sells or deals in any manner in stamps or holds himself out as licensed to sell or deal in stamps, or who, being licensed as aforesaid, sells or deals in stamps otherwise than in conformity with the terms of his licence, commits an offence against this Act and shall be liable to a fine not exceeding $40.

73. Certain persons may sell stamps without licence - Notwithstanding the provisions of this Part of this Act it shall be lawful for any Bank trading in Western Samoa, or any person employed in the service of the State, to sell without licence stamps supplied to it or him for the purpose by the Post Office.

74. Special stamps - (1) The Minister may from time to time cause to be created special stamps of such denominations as he thinks fit, which shall be available only for the purposes of this Act, and for those purposes each such denomination shall have a value of such amount as the Minister determines.

(2) The use of special stamps instead of ordinary stamps shall be optional for the user.

(3) The revenue additional to postage revenue derived by the Post Office from the sale of special stamps, after deducting therefrom the cost of and incidental to the creation of the stamps and such other costs incidental to the issue and sale of the stamps, and such commission, not exceeding 5 percent of the additional revenue, as may be fixed in each case by the Minister in his discretion, shall, without further appropriation, be a charge against Post Office revenue and be paid to the credit of a trust fund in the Public Account, and shall from time to time as required be charged on and paid or applied from the Public Account -

(a) For such purposes in relation to the prevention or cure of disease or the promotion of public health as may be approved by the Minister of Health; or

(b) For such other purposes, whether in relation to public health or otherwise, as the Minister of Finance approves.

(4) The purposes for which the additional revenue from the sale of any special stamp is to be applied shall be determined before the creation of the stamp.

75. Discontinuance of dies - (1) Where the Minister of Finance determines to discontinue the use of any die for the purposes of the Act for the time being in force, or where the Minister determines to discontinue the use of any die for the purpose of this Act, a notice of the determination shall be published in the Gazette.

(2) Every instrument that is dated after a day to be fixed in that behalf in the notice published under subsection (1) of this section (being not earlier than 3 months after the date of the publication of the notice in the Gazette) and is stamped with a stamp made from the discontinued die, and every postal article that is posted after that day and is so stamped, shall be deemed to be not duly stamped.

(3) Every person who has in his possession any stamp made from the discontinued die may, at any time within 12 months after the day fixed in the notice as aforesaid, send the stamp to any post office, and the Minister shall thereupon cause it to be cancelled and cause a stamp to an equal value made with a die then in use to be exchanged for the stamp so cancelled.

76. Repurchase of stamps - (1) Pursuant to regulations made under this Part of this Act, the Director may make allowances for stamps (including special stamps) by giving in exchange other stamps or by paying to the owner the amount thereof, with such deduction in either case as may be prescribed.

(2) Any money payable under this section to any person by way of refund or allowance shall be debited to Post Office Stamp revenue and charged on and paid out of the Public Account.

77. Regulations - The Head of State, acting on the advice of Cabinet, may from time to time make regulations in regard to any matter for any purpose for which regulations are prescribed or contemplated by this Part of this Act, and may make all such other regulations as may in his opinion be necessary or expedient for giving full effect to the provisions of this Part of this Act, and for the due administration thereof.

As to regulations, see Index to Regulations in this title.

PART V

The Telegraph Service

78. Interpretation - For the purposes of this Part of this Act, the term "telegraph communications" includes any communications transmitted to a distance by any apparatus other than a telephone.

79. Establishment and operation of telegraph service - (1) The Minister may from time to time establish and operate telegraph communications within Western Samoa.

(2) The Minister may from time to time make arrangement with the appropriate telegraph authority of any country other than Western Samoa for the establishment and operation of telegraph communications between Western Samoa and that other country, or through Western Samoa or any other country, or between Western Samoa and ships or aircraft.

(3) The Minister may make all such contracts as he considers necessary in the circumstances relating to the use by any person of telegraph equipment owned or controlled by the Post Office, including the leasing or hiring, for the exclusive use of anti person, of any telegraph or other circuits supplied by the Minister.

80. Telegraph charges - (1) Telegraph charges in respect of telegrams lodged for transmission in Western Samoa for delivery in Western Samoa shall be at such rates as may from time to time be prescribed by the Head of State, acting on the advice of Cabinet.

(2) Telegraph charges in respect of telegrams lodged for transmission in Western Samoa for delivery outside Western Samoa shall be at such rates as may from time to time be fixed by the Minister by notice published in the Gazette.

(3) No officer shall be bound to transmit any telegram unless the appropriate charge for transmission thereof has been previously paid.

As to exemptions, see s. 6(h) of the Head of State Act 1965 and s. 11(g) of the Potlatch Act 1967.

81. Delivery of telegrams - Subject to the provisions of sections 82 and 83 of this Act, the delivery by the Post Office of a telegram to the servant or agent of the addressee or other person considered to be authorised to receive the telegram in accordance with the usual manner of delivering telegrams to the addressee shall be deemed to be delivery to the addressee.

82. Telegrams delivered to hotels, etc., remain under Post Office control - Every telegram delivered to any hotel, public or private lodginghouse, shipping office, or a travel agency shall be deemed to be under the control of the Minister until the telegram reaches the hands of the addressee.

83. Telegrams unclaimed at hotels, etc., to be returned - (1) If any telegram at the end of one month after delivery to a hotel, a lodginghouse, a shipping office or a travel agency has not reached the addressee, the person in charge of the hotel, lodginghouse, office or agency shall, if no instructions to the contrary have been received from the addressee, return the telegram to the nearest telegraph office, with the reason therefore.

(2) Any such person as aforesaid who neglects or fails to comply with any of the provisions of subsection (1) of this section commits an offence against this Act and shall be liable to a fine not exceeding $100.

84. Emergency control of telegrams - (1) The Head of State, acting on the advice of Cabinet, may from time to time make regulations for the control or prohibition of telegraph messages in time of national emergency.

(2) Every person who commits a breach of any regulation made under subsection (1) of this section commits an offence and shall be liable to imprisonment for a term not exceeding 2 years or to a fine not exceeding $500, or to both.

85. Indemnity regarding telegrams - No person shall have any right to compensation, nor shall any liability be imposed upon the Government by reason of any error, omission, or delay in the transmission or delivery of any telegram, or by reason of the non-delivery of any telegram, from whatever cause the error, omission, delay, or non-delivery may have occurred.

86. Conditions of giving evidence or producing telegrams - No employee shall, on the trial of any issue, whether civil or criminal, or on any inquiry before any person having by law or by consent of parties authority to receive evidence, be competent or compellable to give evidence of the contents of any telegram or to produce any telegram unless, -

(a) The sender or the addressee of the telegram has notified the Minister or the Director in writing that he desires any such evidence to be given or the telegram to be produced; or

(b) In the case of any proceedings in respect of any offence, the Minister is satisfied that the evidence ought to be given or the telegram produced in the interests of justice, and in writing directs accordingly.

87. Telegram admissible as evidence - A telegram purporting to have been stamped and initialled by an officer shall be admissible in every Court and in every judicial examination or proceeding as prima facie evidence that the matter therein contained is the same as that stated in the telegram as received for transmission, and that the telegram was delivered for transmission by or on behalf of the person by whom the telegram purports to have been sent.

88. Employee not responsible for transmitting libels - No employee shall be liable to any information, or other criminal proceedings, or to any action for damages, by reason of his having transmitted or conveyed or taken part in transmitting or conveying by telegram any defamatory libel.

89. Privileged communications conveyed by telegraph - No telegraph communication which would be deemed a privileged communication if published only to the person to whom it was addressed shall be deemed to have been maliciously published by reason merely of its only having been published to any employee for the purpose of being transmitted to the addresser.

90. Protection of witnesses from actions in certain cases - (1) On any inquiry before any Committee of Parliament or before any Commission appointed by the Head of State, or before any body having the powers of a Commission of Inquiry under the Commissions of Inquiry Act 1964, touching the divulging of the contents of any telegram or the publication of any telegram improperly divulged, no person shall be excused from answering any question put to him by any such Committee, Commission or body on the ground of privilege or on the ground that the answer to the question may criminate or tend to criminate him.

(2) Every person who is examined as a witness and gives evidence on the inquiry, and who thereon makes a true discovery to the best of his knowledge touching all things on which he is so examined, shall be free from all actions, forfeitures, punishments, disabilities, and criminal prosecutions to which he may have been or become liable for anything done by the witness with respect to the divulging of any telegram which is the subject of the inquiry or connected therewith:

Provided that where any such witness is so examined he shall not be indemnified under this section unless he receives from Chairman of or person presiding over any such Committee, Commission or body a certificate in writing stating that the witness appears to have made full disclosure touching all things whereon he has been examined.

(3) The production in any Court of any such certificate shall be a full bar to any action or prosecution against the witness for any act with respect to the divulging of any telegram which is the subject of the inquiry revealed by the evidence of the witness; and the Court in which the action or prosecution is brought may award to the witness such costs as he may have been put to by the action or prosecution.

91. Copyright in press telegrams - (1) Where in accordance with this section any person publishes in any newspaper or other printed paper published in Western Samoa any telegram lawfully received by him from any place outside Western Samoa for publication, no other person shall, without the consent in writing of the first - mentioned person or his agent authorised in that behalf, print or publish, or cause to be printed or published, the telegram or the substance thereof or any extract therefrom until after a period of 24 hours from the time of the first - mentioned publication:

Provided that any such period shall not extend beyond 7 days from the time of receipt of the telegram.

(2) The publication of the whole or any part of the telegram, of the substance thereof, or (excepting the publication of any similar telegram in like manner sent from the same place) of the intelligence therein contained shall be deemed to be a publication of the telegram.

(3) No telegram shall be protected under this section, unless, -

(a) The newspaper in which it is first published shows in print the date and time of publication; and

(b) The telegram is printed with the heading "By telegraph Copyright", and the date and time of its receipt.

(4) Statements printed as aforesaid shall be prima facie evidence of the date and time of publication and receipt respectively.

92. Simultaneous publication in 2 or more newspapers - The simultaneous publication of the same telegram in 2 or more newspapers shall not be deemed to authorise the republication of the telegram in any other newspaper without the written consent of one of the original receivers as provided by section 91 of this Act, or, where the telegram has been furnished to those newspapers by some company or association and has printed above it words showing that it has been so furnished, without the written consent of that company or association.

93. Printing or publishing telegrams contrary to Act - Every person who wilfully prints and publishes any matter in contravention of section 91 of this Act, commits an offence and shall be liable to a fine not exceeding $100 for a first offence, and to a fine not exceeding $200 for any subsequent offence:

Provided that any proceedings under this section shall be commenced within one month after the date of the commission of the alleged offence.

94. Proof of receipt and wrongful publication - In any prosecution under section 93 of this Act, the production of a document which purports to be a telegram, and which contain, the intelligence published in the newspaper as aforesaid, and which has been delivered to some person entitled to receive the telegram by the proper employee of the Post Office shall be prima facie evidence that the telegram is a telegram for the purposes of section 91 of this Act; and proof that any person is, or is acting or appears to be acting as, editor, sub - editor, or manager of any newspaper in which there has been any publication contrary to section 91 of this Act shall be prima facie evidence that that person has wilfully caused the wrongful publication.

95. Sending false telegram - Every person who - 

(a) Wilfully sends or delivers or causes to be sent or delivered, to any employee for the purpose of being transmitted as a telegram any message which purports to be signed or sent by any other person and which has been signed or sent without that other person's authority; or

(b) Wrongfully signs any such message with the name of some other person without that other person's authority, or with the name of some fictitious person; or

(c) Wilfully and without the authority of the sender alters any such message, -

commits an offence against this Act and shall be liable to imprisonment for a term not exceeding one year or a fine not exceeding $500.

96. False timing of telegram - Every person who falsely marks any telegram so as to lead any person to believe that it was received for transmission or delivery, or was transmitted or delivered, at a time other than that when it was in fact received, transmitted or delivered, commits an offence against this Act.

97. Wrongful opening or delaying of telegram by employee - Every employee who, contrary to his duty, opens, or procures or suffers to be opened, a telegram, or wilfully delays or detains a telegram, or procures or suffers a telegram to be detained or delayed, commits an offence against this Act and shall be liable to imprisonment for a term not exceeding 2 years or a fine not exceeding $500.

98. Wrongful opening or delaying of telegram by person not employee - Every person, other than an employee, who wilfully and without colour of right opens or causes to be opened any telegram which is not intended for him, or does any act or thing whereby the telegram is prevented or delayed from reaching the person for whom it is intended, commits an offence against this Act and shall be liable to imprisonment for a term not exceeding one year or a fine not exceeding $500.

99: Theft, secreting, or destruction of telegram - Every person who steals, or wrongfully secretes or destroys, a telegram before it reaches the hands of the addressee, commits an offence against this Act and shall be liable to imprisonment for a term not exceeding 2 years or a fine not exceeding $500.

100. Divulging of contents of telegram by employee - Every employee who improperly divulges in whole or in part the contents of any telegram, or the purport of any telegram, commits an offence against this Act and shall be liable to imprisonment for a term not exceeding 6 months or a fine not exceeding $200.

For the authority of the Commissioner of Inland Revenue and of the Court to obtain information, see ss. 10 to 12 of the Inland Revenue Administration Act 1974.

101. Divulging of information from telegram opened in error - Every person, other than an employee acting in the course of his duty, who, having examined the contents of a telegram not intended for him, divulges without good and sufficient cause to any person any information obtained by him from the contents of the telegram commits an offence against this Act.

102. Wrongfully retaining a telegram - Every person who wrongfully retains a telegram which is not intended for him commits an offence against this Act and shall be liable to imprisonment for a term not exceeding 2 years or a fine not exceeding $500.

103. Obtaining delivery of telegram by false pretence - Every person who, by means of any false pretence or misstatement, induces an employee to deliver to him a telegram not intended for him, and every employee who knowingly delivers a telegram to a person not lawfully entitled to receive it, commits an offence against this Act.

104. False statement regarding telegram - Every person who falsely states that he sent a telegram, or who falsely states that a telegram was not received by him, commits an offence against this Act and shall be liable to imprisonment for a term not exceeding 2 years or a fine not exceeding $200.

105. Regulations - (1) The Head of State, acting on the advice of Cabinet, may from time to time make regulations in regard to any matter or for any purpose for which regulations are prescribed or contemplated by this Part of this Act, and may make all such other regulations as may in his opinion be necessary or expedient for giving full effect to the provisions of this Part of this Act, and for the due administration thereof.

(2) Without limiting the general power to make regulations conferred by subsection (1) of this section, regulations may be made under this section -

(a) Prohibiting the transmission of telegrams of a nature or character to be defined by the regulations and authorising employees to determine whether any particular telegram is within a prohibited class;

(b) Providing for the inspection of the original or of an office copy of a telegram by the addressee or the sender or the agent of either, and prescribing the fees payable for any such inspection;

(c) Providing for the furnishing of certified copies of any telegram to the addressee or the sender or the agent of either, and prescribing the fees payable for any such copies;

(d) Providing for the disposal of unclaimed or undelivered telegrams;

(e) Providing for the destruction of original and office copies of telegrams after the expiration of a prescribed period;

(f) Providing for priority in transmission and delivery of telegrams of prescribed classes;

(g) Regulating or controlling the use of any service established under this Part of this Act;

(h) Applying to any service established under this Part of this Act such of the provisions of Part VI of this Act as the Head of State acting on such advice thinks fit;

(i) Prescribing rates and fees payable in respect of any service established under this Part of this Act;

(j) Providing for the cancellation or correction of telegrams by the sender before delivery to the addressee and prescribing conditions subject to which any such cancellation or correction may take place.

As to regulations, see index to Regulations in this title.

PART VI

The Telephone Service

106. Establishment and operation of internal telephone service - (1) The Minister may from time to time establish and operate telephone communications within Western Samoa.

(2) All telephone communications established before, and in operation on, the coming into force of this Act shall be subject to the provisions of this Act, and of any regulations made or enuring hereunder.

107. Establishment and operation of external telephone service - The Minister may from time to time make arrangement with the appropriate telephone authority of any country other than Western Samoa for the establishment and operation of telephone communications between Western Samoa and that other country, or through Western Samoa or any other country, or between Western Samoa and ships or aircraft.

108. Use of telephone equipment under contract - The Minister may make all such contracts as he considers necessary in the circumstances relating to the use by any person of telephone equipment owned or controlled by the Post Office, including the leasing or hiring, for the exclusive use of any person, of any telephone or other circuits supplied by the Minister.

109. Telephone charges - (1) Telephone charges in respect of telephone exchange and telephone toll services in Western Samoa shall be at such rates as may from time to time be prescribed by the Head of State, acting on the advice of Cabinet.

(2) Telephone toll charges in respect of telephone messages for destinations outside Western Samoa shall be at such rates as may from time to time be fixed by the Minister by notice published in the Gazette and the Savali.

As to exemptions, see s. 6(h) of the Head of State Act 1965 and s. 11(g) of the Potlatch Act 1967.

110. Defrauding of revenue - Every person who, with intent to defraud the revenue of the Post Office -

(a) Wilfully makes any false statement in respect of the use of a telephone under the control of the Minister; or

(b) Uses in the operation of any coin-in-the-slot telephone anything, whether a coin or not, other than the coin or coins prescribed in that behalf -

commits an offence against this Act and shall be liable to a fine not exceeding $200 or to imprisonment for a term not exceeding one year.

111. False statement or order or offensive language by telephone - Every person who, in using a telephone under the control of the Minister -

(a) Wilfully makes a false statement with intent that some other person shall act on it to his substantial detriment; or

(b) Wilfully gives any fictitious order, instruction or message; or

(c) Uses offensive, profane, indecent or obscene language, or makes a suggestion of a profane, indecent or obscene nature -

commits an offence against this Act and shall be liable to a fine not exceeding $200 or to imprisonment for a term not exceeding one year.

112. Divulging of information from telephone conversation - Every employee who divulges without good and sufficient cause any information obtained by him from any telephone conversation overheard in the course of his official duties commits an offence against this Act and shall be liable to imprisonment for a term not exceeding 6 months or a fine not exceeding $100.

For the authority of the Commissioner of Inland Revenue and of the Court to obtain information, see ss. 10 to 12 of the Inland Revenue Administration Act 1974.

113. Disturbing or annoying any person by telephone - Every person who uses, or causes or suffers to be used, any telephone under the control of the Minister for the purpose of disturbing, annoying or irritating any person, whether by calling up without speech or by wantonly or maliciously transmitting communications or sounds, commits an offence against this Act and shall be liable to imprisonment for a term not exceeding 2 years or to a fine not exceeding $200, or to both.

114. Indemnity regarding telephone service - No person shall have any right to compensation, nor shall any liability be imposed upon the Government by reason of any error, default, delay or omission by the Post Office in relation to the telephone service.

115. Telephone cabinets, etc. - The Minister may from time to time construct, place and maintain public telephone cabinets, distribution cabinets and any appliances of a like nature on any road:

Provided that no such cabinet or appliance shall be so placed as to interfere with ordinary traffic.

116. Injuries to lines - (1) Any person who wilfully damages any line or works commits an offence against this Act and shall be liable to imprisonment for a term not exceeding 2 years or to a fine not exceeding $500.

(2) If any person is found offending against this section or if an employee has reasonable cause to suspect that any person has offended against this section it shall be lawful for any employee to require any such person forthwith to desist from the offence and also to tell his real full names and place of abode.

(3) If any person, after being so required, fails to tell his real full names or place of abode, or gives a false name or address or gives such a description of his place of abode as is illusory for the purpose of discovery, or wilfully continues the offence, he commits a further offence against this Act.

(4) It shall be lawful for any member of [the Police Service] or any employee without warrant or other authority, to arrest and detain any person found offending against this section, and to take him as soon as practicable before a Magistrate's Court to be dealt with as the law directs; and if any person resists any such employee or member of [the Police Service] in the execution of his powers under this subsection that person commits an offence against this Act and shall be liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding $100, or to both.

In subs. (4) the reference to the Police Service was substituted for a reference to the Police by s. 3(3) of the Police Service Act 1977.

117. Liability in respect of damage to lines or works - (1) Every person who damages any line or works; whether or not he has been guilty of any offence and whether or not the damage was caused through his negligence, shall be liable for the amount of the damage.

(2) Where it is alleged that any person who damaged any line or works has committed an offence against this Act, the Court hearing any proceedings in respect of the alleged offence may, in addition to or instead of imposing any penalty, order the defendant to pay to the Minister the amount of any damage for which he is liable under this section, and any amount so ordered to be paid shall be recoverable in the same manner as if it were a fine imposed by the Court.

(3) Where it is not alleged that any person who damaged any line or works has committed an offence against this Act, proceedings for the recovery of any amount claimed to be payable under this section shall be by way of civil action at the suit of any person authorised in that behalf by the Minister.

(4) Where a person acting within the scope of and in the course of his employment does any damage in respect of which any amount may be recovered under this section, the employer of that person shall also be liable for the amount of the damage, which may be recovered under this section in the same way as if the act had been done by the employer:

Provided that the provisions of section 8 of the Law Reform Act 1964 shall apply in any such case in all respects as if the damage were suffered as the result of a tort.

(5) The amount of any damage due under this section shall be determined by the Court hearing the proceedings, and, for the purposes of any such determination, the cost or estimated cost of repairing the damage and all costs of the Post Office incidental to and resulting from the damage shall be included in the amount ordered to be paid.

118. Disfigurement of apparatus - Every person who, without the authority of the Minister, affixes or attempts to affix any placard, advertisement, notice, list, document, board or thing on, or to paint or disfigure, any line or any telephone cabinet or distribution cabinet or appliance of a like nature erected under the authority of this Act commits an offence against this Act and shall be liable to a fine not exceeding $100.

119. Interference with telephone system - Every person who, without the authority of the Minister, wilfully interferes or attempts to interfere with the operation of, or moves from the position in which it was installed, or connects any additional apparatus or equipment to, any part of the telephone or other system under the control or management of the Minister, commits an offence against this Act, and shall be liable to imprisonment for a term not exceeding one year or to a fine not exceeding $200.

120. Enuring of existing regulations - The Telephone Regulations 1954 (S. R. 1954/3), and the Amendment No. 1 thereof (S.R 1958/1) shall, so far as they are applicable and with the necessary modifications, continue in force as if they had been made under this Act until they are expressly revoked.

As to the regulations referred to, see now W.S.R. 1977/18 reprinted in this title.

121. Regulations relating to the telephone service - (1) The Head of State, acting on the advice of Cabinet, may from time to time make regulations in regard to any matter or for any purpose for which regulations are prescribed or contemplated by this Part of this Act, and may make all such other regulations as may in his opinion be necessary or expedient for giving full effect to the provisions of this Part of this Act, and for the due administration thereof.

(2) Without limiting the general power to make regulations conferred by subsection (1) of this section, regulations may be made under this section -

(a) Prescribing conditions to be complied with regarding the use of telephone exchange or telephone toll services;

(b) Providing for the refusal or the cessation of telephone exchange services to premises being used for illegal purposes;

(c) Regulating the installation of telephones in private houses, shops and other buildings, and the use of telephones so installed;

(d) Fixing and determining the rates and fees to be charged for the use of any public telephone;

(e) Prescribing conditions, rates, and fees in connection with the leasing of telephone circuits and associated equipment;

(f) Prohibiting, except with the authority of the Minister, the publication or distribution of any list of subscribers to the telephone service and of the telephone numbers of any such subscribers.

As to regulations, see Index to Regulations in this title.

PART VII

The Post Office Savings Bank

122. Minister may continue to operate Post Office Savings Bank - (1) The Minister may continue to operate a Post Office Savings Bank within Western Samoa.

(2) The Minister may from time to time, in accordance with regulations, enter into reciprocal arrangements with any Government Savings Bank authority in any country other then Western Samoa for the transfer of sums standing to the credit of depositors in any such Government Savings Bank to the Post Office Savings Bank in Western Samoa, or from the Post Office Savings Bank in Western Samoa to any such Government Savings Bank.

(3) The Minister may from time to time receive into the Post Office Savings Bank deposits to the credit of the following classes of accounts:

(a) Ordinary deposit accounts;

(b) Such other accounts as the Minister considers expedient from time to time in the circumstances.

(4) Deposits may be accepted by the Minister under this Part of this Act from any person or any organisation or body, whether incorporated or not, carried on for purposes other than trade or profit.

123. Declaration of depositor - (1) For the purposes of this section the expression "the depositor" means, in the case of a savings bank or society, the trustee or other responsible officer of the savings bank or society duly authorised to open the account.

(2) Before opening an account in the Post Office Savings Bank in his own name or on behalf of another person, the depositor, on or before making the first deposit, may be required to make and deliver to the officer receiving the deposit a statutory declaration in such form as may be prescribed by regulations.

(3) Any such declaration may be made before and taken by any person empowered by law to take statutory declarations or any officer authorised to receive deposits under this Part of this Act.

(4) Every person who makes a false statement in any such declaration commits an offence against this Act and shall be liable to a fine not exceeding $200.

124. Entry of deposit - (1) The employee receiving a deposit shall at the time when he receives it enter the amount thereof in the depositor's book and attest the entry in the prescribed manner.

(2) An entry in the depositor's book under subsection (1) of this section, shall, unless and until the contrary is proved, be sufficient evidence of the making and amount of the deposit to which it relates:

Provided that no such entry shall entitle the depositor to withdraw the amount of any cheque, bill of exchange, or other document until the amount has been collected.

125. Withdrawals - (1) A depositor desiring to withdraw any money from his account may be required to give at least 7 days' previous notice in the prescribed form to the Director, or to the Postmaster in charge of the office in which the account is kept, and in the notice shall specify the amount to be withdrawn and Post Office Savings Bank office at which he desires the payment to be made.

(2) Forthwith upon the expiration of the notice (or earlier if the Minister thinks fit) the depositor, on the presentation of his deposit book at the Post Office Savings Bank office where the amount to be withdrawn is payable, shall be entitled to receive payment thereof.

(3) Subject to the provisions of any regulations, any payment under this section may be arranged by telegram.

126. Transfer of accounts - Any depositor whose account has been open in any office for at least 3 months may in the manner prescribed by regulations transfer his account from that office to any other Post Office Savings Bank office within Western Samoa.

127. Secrecy in connection with deposits - (1) No employee shall disclose the name of any depositor, or the amount deposited or withdrawn, or the balance of any depositor's account, except:

(a) To the Minister or to such employees as are appointed to assist in carrying this Part of this Act into operation; or

(b) In obedience to the process of any Court of justice; or

(c) On an examination before any person having authority to take evidence in any proceeding under any law relating to bankruptcy; or

(d) In compliance with any Act; or

(e) To the depositor or his duly authorised agent in the presence of the depositor.

(2) Any employee who discloses any information contrary to the provisions of subsection (1) of this section commits an offence against this Act.

For the authority of the Commissioner of Inland Revenue and of the Court to obtain information, see ss. 10 to 12 of the Inland Revenue Administration Act 1974.

128. Deposits, withdrawals, and investments - (1) All deposits under this Part of this Act shall be paid into the Director's Deposit Account, and the credit balance in that account shall be paid into the Samoan Treasury Post Office Savings Bank Account at such intervals as the Financial Secretary directs.

(2) All sums withdrawn by depositors or by parties legally authorised to claim on account of depositors shall be paid to them out of the Director's Deposit Account if sufficient for that purpose, and if not out of the Samoan Treasury Post Office Savings Bank Account.

(3) Any money paid into the Samoan Treasury Post Office Savings Bank Account under this Part of this Act, or such part thereof as the Minister of Finance directs, may be invested in the manner prescribed by or under section 18 of the Public Money Act 1964.

129. Security to depositors - If at any time the funds paid into the Samoan Treasury Post Office Savings Bank Account under this Part of this Act and the interest arising therefrom are insufficient to meet the lawful claims of all depositors, the Minister of Finance shall charge the amount of the deficiency on the Treasury Fund and issue the same thereout as statutory expenditure, and report the deficiency to Parliament.

130. Rates of interest - The Minister of Finance shall from time to time, by notice published in the Gazette, and the Savali, fix the rates of interest to be payable in respect of money deposited in the Post Office Savings Bank, and may fix different rates in respect of different classes of accounts held in the name of the same or different depositors.

131. Calculation of interest - (1) Interest shall, in the case of each deposit, be computed from the first day of the month next following the day on which a complete tala was deposited, whether in one sum or in several sums of less amount, and, in the case of money withdrawn, shall cease on the 1st day of the month in which it is withdrawn:

Provided that where any deposit is made on or before the 3rd day of any month, or, where the Post Office Savings Bank is closed for business on all of the first 3 days of any month, on the 1st day of that month on which the Bank is open for business, interest for that month shall be computed and allowed in respect of the deposit:

Provided also that where any money is withdrawn on the last day on which the Post Office Savings Bank is open for business, interest shall be allowed as if the withdrawal had been made on the 1st day of the following month.

(2) Interest on ordinary savings accounts shall be calculated to the 31st day of December in every year, and shall then be added to and become part of the principal money.

(3) Interest shall in no case be payable on any sum less than a tala or a multiple of a tala.

132. Payment without probate or letters of administration - (1) Where the whole amount standing to the credit of a depositor in the Post Office Savings Bank at the time of his death does not exceed $400, and probate of the will of the depositor or letters of administration of his estate is or are not produced within such time as the Minister thinks reasonable, the Minister may, in his discretion, without requiring probate or letters of administration, pay the amount or any part thereof to any of the persons following, that is to say:

(a) Any person who has paid the funeral expenses of the depositor;

(b) Any person being a creditor of the depositor;

(c) The widow or widower of the depositor;

(d) The persons entitled to the estate of the depositor under the Administration Act for the time being in force;

(e) Any person entitled to take out probate or letters of administration;

(f) Any person undertaking to maintain the children of the depositor;

(g) [The Public Trustee].

(2) Any payment made in good faith in pursuance of this section shall be valid against all persons whomsoever, and the Minister shall be absolutely discharged from all liability in respect of any money paid by him under this section.

(3) Every person to whom any such money is paid pursuant to this section shall be liable to apply the money in due course of administration and the Minister may, if he thinks fit, without being liable to see to the application of any such money, require any such person to give sufficient security, by bond or otherwise, that the money so paid will be so applied.

(4) Notice of every payment made under this section shall be given to the Financial Secretary in the manner and within the time prescribed by the Estate and Gift Duties Act for the time being in force.

(5) Nothing in this section shall debar or prevent any person who alleges that the said money or any part thereof ought to have been paid to him from pursuing and exercising any remedy for the recovery thereof against the person or persons to whom the money has been paid.

In subs. (1)(g) the reference to the Public Trustee has been substituted for reference to the Samoan Public Trustee pursuant to s. 3(d) of the Reprint of Statutes Act 1972; see the Public Trust Office Act 1975. As to certificates of the Public Trustee's status, see s. 70 of the last-mentioned Act.

133. Depositor may nominate beneficiary in event of death - (1) Any depositor over the age of 21 years may nominate any person or persons to whom any amount up to but not exceeding $400 standing to the credit of the depositor in any account in the Post Office Savings Bank at the time of his death is to be paid on his death.

(2) Any such nomination may at any time be revoked, varied or replaced.

(3) Any such nomination shall have the same effect as if it were a disposition of the amount to which it refers by a duly executed will of the depositor:

Provided that the Minister may pay any amount in accordance with any such nomination without the production of any probate or letters of administration.

134. Nomination shall be in accordance with regulations - The making, revocation, variation or replacement of any nomination under section 133 of this Act and the payment of any amount pursuant to any such nomination shall be in accordance with any regulations which may be made pursuant to the next succeeding section.

135. Regulations - (1) The Head of State, acting on the advice of Cabinet, may from time to time make regulations in regard to any matter or for any purpose for which regulations are prescribed or contemplated by this Part of this Act, and may make all such other regulations as may in his opinion be necessary or expedient for giving full effect to the provisions of this part of this Act, and for the due administration thereof.

(2) Without limiting the general power to make regulations conferred by subsection (1) of this section, regulations may be made under this section - 

(a) Prescribing the mode of keeping the accounts of depositors, and providing for the supervision and inspection of the accounts;

(b) Prescribing the mode of making deposits and withdrawing money, and the notice to be given in the case of withdrawals;

(c) Prescribing the places at which and the terms and conditions upon which deposits maybe received or repaid;

(d) Prescribing or limiting the class or classes of persons entitled to make deposits;

(e) Prescribing the time for which deposit books, deposit slips, withdrawal notices, warrants, receipts, and other books, forms, and documents shall be retained, and the mode in which they shall thereafter be destroyed or otherwise disposed of;

(f) Providing for the payment or transfer of money in the Post Office Savings Bank which belongs to persons appearing to be minors or to be of unsound mind, or which forms part of the estate of any person appearing to be deceased.

As to regulations, see Index to Regulations in this title.

PART VIII

Money Orders, Postal Notes, and Postal Orders

136. Transmission of money - Subject to the provisions of this Part of this Act, money may be transmitted either within or beyond Western Samoa through the medium of the Post Office by means of money orders, postal notes and postal orders.

137. Arrangements with foreign authorities - The Minister may from time to time make such arrangements with the appropriate authority of any country other than Western Samoa as may be necessary for the transmission of money by means of money orders and postal orders or from any place.

138. No liability for delay or non-payment - (1) No person shall have any right to compensation, nor shall any liability be imposed on the Government, by reason of delay in or refusal of the payment of any money order, postal note or postal order, or by reason of any neglect, omission or mistake in the issue or payment thereof.

(2) After any money order, postal note or postal order has once been paid to any person whomsoever, the Government shall not be liable for any further claim in respect thereof.

139. No interest or stamp duty payable - No interest or stamp duty shall be payable in respect of a money order, postal note or postal order.

140. Forgery of crossing of money order, postal note, or postal order - Every person who, with intent to defraud, obliterates, adds to or alters any such lines or words on a money order, postal note or postal order as would, in the case of a cheque, be a crossing of that cheque, or knowingly offers, utters or disposes of any money order, postal note or postal order with any such fraudulent obliteration, addition or alteration, commits an offence against this Act and shall be liable to imprisonment for a term not exceeding 5 years:

Provided that any person, being a banker, who, in collecting in that capacity for any principal, has received payment or been allowed a credit by the Minister in account in respect of any such order or note, or of any document purporting to be such an order or note, shall not incur liability to any one except that principal by reason of having received any such payment or allowance, or of having held or presented the order or note or document for payment:

Provided also that this section shall not relieve any principal for whom any such order, note or document has been so held or presented from any liability in respect of his possession of the same or of the proceeds thereof.

141. Fraud, forgery, and theft of money orders, etc. - (1) For the purposes of this Act all enactments providing for the punishment of offences relating to stamp duties shall apply in like manner as if the commission on money orders, postal notes and postal orders were a stamp duty.

(2) A money order, a postal note or a postal order shall be deemed to be -

(a) A bank note within the meaning of any law for the time being in force relating to forgery; and

(b) An order for the payment of money and a valuable security within the meaning of any law for the time being in force relating to theft.

142. Issuing of money order, etc., with fraudulent intent - (1) Every employee who, with fraudulent intent, grants or issues any money order, postal note or postal order, commits an offence against this Act and shall be liable to imprisonment for a term not exceeding 7 years.

(2) Every employee who reissues any such order or note previously paid shall be presumed, until the contrary is proved, to have issued the order or note with a fraudulent intent.

143. Prohibition of money orders for certain persons - Any order made under section 44 of this Act by the Minister prohibiting the forwarding or delivery of postal articles to any person shall have the effect of prohibiting, in addition, the issuing of money orders in favour of that person and the payment of money orders to him.

144. Regulations - (1) The Head of State, acting on the advice of Cabinet, may from time to time make regulations in regard to any matter or for any purpose for which regulations are prescribed or contemplated by this Part of this Act, and may make all such other regulations as may in his opinion be necessary or expedient for giving full effect to the provisions of this Part of this Act, and for the due administration thereof.

(2) Without limiting the general power to make regulations conferred by subsection (1) of this section, regulations may be under this section -

(a) Prescribing charges in respect of money orders and postal notes;

(b) Prescribing the forms and currency of money orders and postal notes;

(c) Prescribing conditions in respect of the issue and payment of money orders, postal notes and postal orders;

(d) Prescribing the mode of accounting for all money received and paid in respect of money orders, postal notes and postal orders;

(e) Prescribing the time for which paid money orders, postal notes and postal orders shall be kept in the custody of the Minister, and the mode in which they shall thereafter be destroyed or otherwise disposed of;

(f) Providing for such other matters incidental to the carrying of this Part of this Act into execution as the Head of State acting on such advice thinks fit.

As to regulations, see Index to Regulations in this title.

145. Arrangements and regulations to be binding - All arrangements made under section 137 of this Act and regulation made under section 144 of this Act shall be binding and conclusive upon the persons for whom or in favour of whom any money orders, postal notes or postal orders are issued, and upon all persons interested through or claiming under those persons and upon all holders of money orders, postal notes or postal orders.

PART IX

Erection or Construction of Lines and Communication Systems

146. Licence required for erection or use of private line - (1) Subject to the provisions of this Part of this Act, no person shall erect, construct, establish, or maintain any line otherwise than pursuant to and in accordance with a licence issued under regulations made under this Part of this Act.

(2) No person shall use for communication purposes any power line or other line in respect of which a licence is not required under subsection (1) of this section otherwise than pursuant to and in accordance with a licence issued under regulations made under this Part of this Act.

(3) Subsections (1) and (2) of this section shall not apply to any line which is situated entirely on land for the time being wholly owned or occupied by one person:

Provided that the line does not run along, across, or over any public thoroughfare and is not, or would not normally be, connected with the system of lines of the Post Office.

(4) Any person who fails to comply with any provision of this section commits an offence against this Act and shall be liable to a fine not exceeding $100, and to a further fine not exceeding $10 for every day during which the offence continues.

(5) No action shall be brought against the Government for any accident or damage arising from the existence of or from the improper construction or maintenance of any line or service established or constructed under a licence issued under regulations made under this Part of this Act.

147. Regulations - The Head of State, acting on the advice of Cabinet, may from time to time make regulations, -

(a) Prescribing the terms and conditions subject to which any licences under section 146 of this Act may be issued, transferred, or revoked, and the fees payable in respect thereof;

(b) Providing for the removal of any line erected or maintained in breach of this section, or for the removal of any line in respect of which a licence has been revoked;

(c) Prescribing fines, not exceeding $50 in any case, for the breach of any such regulation or of the terms of any licence.

As to regulations, see Index to Regulations in this title.

148. Construction and maintenance of lines, etc., by Minister - For the purposes of carrying out his functions under this Act, the Minister may from time to time, within Western Samoa or elsewhere, establish, construct, maintain, repair, alter, or remove lines, telephone exchanges, telegraph stations, radio stations and such other stations and equipment in connection therewith as may be necessary.

149. Contracts for private lines - The Minister may from time to time enter into any contract with any person -

(a) For the construction of a line for telephone or other purposes or the supply of equipment for radio-communication, or for the maintenance of the line or equipment, on condition that the whole or any part of the expense of the construction, supply or maintenance thereof is contributed by that person either alone or in association with any other person, or that the Government is indemnified for any loss that may be incurred in any such construction, supply or maintenance;

(b) For the construction of a line for telephone or other purposes or the supply of equipment for radio-communication, or for the maintenance of the line or equipment, for such payment or remuneration to the Minister and on such terms and conditions as to the management, control and working of any such line or equipment as may be agreed on.

PART X

Licensing and Regulation of Radio Stations and Apparatus

150. Interpretation - In this Part of this Act, unless the context otherwise requires, -

"Radiocommunication" means any transmission, emission or reception of signs, signals, impulses, writing, images, sounds or intelligence of any nature by the free radiation of electromagnetic waves of frequencies between 10 kilocycles per second and 3,000,000 megacycles per second;

"Radio apparatus" means any apparatus intended for the purpose of effecting radiocommunication, whether by transmission or reception, or both.

151. Licensing of radio stations and apparatus - (1) The Minister may, in accordance with regulations made under this Part of this Act, grant licences for the installation and working of radio stations or for the use of radio apparatus within Western Samoa, or on any ship, or on any aircraft.

(2) Subject to any such regulation, every such licence shall be in such form and for such period, and shall contain such terms, conditions, and restrictions as the Minister thinks fit.

152. Offences relating to radio apparatus - (1) Subject to the provisions of any regulations made under this Part of this Act, every person who erects, constructs, establishes, maintains or uses any radio apparatus capable of transmitting radiocommunications otherwise than pursuant to and in conformity with the terms and conditions of a licence granted under section 151 of this Act and any such regulations, commits an offence against this Act and shall be liable to a fine not exceeding $200.

(2) Subject to the provisions of any such regulations, every person who is in possession of any radio apparatus capable of receiving radiocommunications otherwise than pursuant to and in conformity with the terms and conditions of a licence granted under section 151 of this Act and any such regulations, commits an offence against this Act:

Provided, however, that this subsection shall not have effect until regulations are made under this Act requiring such licences.

153. Presumptions as to such offences - (1) The occupier of any premises on which is situated any radio apparatus capable of transmitting radiocommunications shall be presumed to have erected, constructed, established, maintained and used the apparatus unless and until the contrary is proved.

(2) The occupier of any premises on which is situated any radio apparatus capable of receiving radiocommunications shall be presumed to be in possession of the apparatus unless and until the contrary is proved.

(3) Any radio apparatus shall, for the purposes of this Part of this Act be deemed to be and to remain capable of transmitting or, as the case may be, receiving radiocommunications, notwithstanding that, without having been completely dismantled, or rendered inoperative to the satisfaction of the Director, it may be temporarily incapable of doing so.

154. Licensing of radio dealers or hirers - (1) The Minister may, in accordance with regulations made under this Part of this Act grant licences for dealing in or hiring out radio apparatus.

(2) Every person who, not being the holder of a licence granted under this section and any such regulations authorising in that behalf, sells, offers for sale or has in his possession for sale, in the way of his business, any radio apparatus, commits an offence against this Act.

(3). Every person who, not being the holder of a licence granted under this section and any such regulations authorising him in that behalf, hires out or has in his possession for hiring out in the way of his business, any radio apparatus, commits an offence against this Act.

155. Regulations as to radiocommunication within territorial limits - (1) The Head of State, acting on the advice of Cabinet may from time to time make regulations governing or prohibiting the use of radio apparatus on merchant ships, or on civil aircraft, of whatever nationality or registration, or on foreign ships of war or on foreign military aircraft, while within the territorial limits of Western Samoa.

(2) Any such regulations may prescribe fines, not exceeding $2, 000 in any case, for any breach of the regulations.

(3) Any such regulations may provide for the detention of any merchant ship or civil aircraft on which a breach of the regulations has been made, pending the institution and determination of proceedings in respect of the breach and pending the recovery of any fine imposed in respect thereof.

As to subs, (1), see Article 1(2) of the Constitution of Western Samoa, and the Territorial Sea Act 1971.

156. Taking over of radio stations in time of emergency - In time of national emergency, the Minister may assume, and for any length of time retain, possession of any radio station or apparatus, or may control the operations of, or close, any radio station.

157. Regulations - (1) The Head of State, acting on the advice of Cabinet, may from time to time make regulations in regard to any matter or for any purpose for which regulations are prescribed or contemplated by this Part of this Act, and may make all such other regulations as may in his opinion be necessary or expedient for giving full effect to the provisions of this Part of this Act, and for the due administration thereof.

(2) Without limiting the general, power to make regulations conferred by subsection (1) of this section, regulations may be made under this section -

(a) Providing for the licensing of radio stations or apparatus and of dealers in and hirers of radio apparatus and for the terms and conditions subject to which any such licences may be granted, refused, transferred, suspended, or revoked;

(b) Providing for the dismantling or confiscation of radio apparatus on grounds prescribed in the regulations;

(c) Restricting or prohibiting, the use, publication or repetition of information received as the result of the use of radio stations or apparatus;

(d) Providing for the making by licensees or applicants for licences of declarations of secrecy with respect to information obtained in the use of apparatus to which the licence relates;

(e) Prescribing examinations to determine the competence of persons wishing to operate radio apparatus and providing for the issue, revocation or suspension of certificates of competency in respect of any such operations and prescribing fees in respect of any such examinations;

(f) Providing for the prohibition or control of the installation, use, sale or manufacture of apparatus or equipment of any kind (whether radio apparatus or equipment or not) which may generate electric waves likely to interfere with radiocommunications;

(g) Providing for the hiring out of equipment by the Post Office in connection with radiocommunication and providing for the exemption of the Post Office or any employee from liability in respect of equipment hired out;

(h) Prescribing fees payable in respect of any application made or licence or certificate issued under the regulations, or in respect of the hire or use of any apparatus supplied or made available by the Post Office and used in the operation of radio apparatus, or in respect of any other matter relating to the use of radio apparatus for which fees should be payable.

As to subs. (2) (c) and (d), for the authority of the Commissioner of Inland Revenue and of the Court to obtain information, see ss. 10 to 12 of the Inland Revenue Administration Act 1974.

As to regulations, see index to Regulations in this title.

PART XI

Accounts, Balance Sheets, and Profit and Loss Accounts

158. Bank Accounts - There shall be kept at the bank at which for the time being the Public Account is kept accounts called the Director's Deposit Account and the Samoan Treasury Post Office Savings Bank Account, which shall be used for the purposes set out in section 128 of this Act. Funds for money order transactions shall and other miscellaneous postal revenue may be paid into the Director's Deposit Account pending disbursement thereof to the payee entitled or to the Public Account as the case may be.

159. Operation of Director's Deposit Account - The Director's Deposit Account shall be operated on only by cheque signed jointly either by the Director and one other senior officer or by 2 senior officers of the Post Office appointed by the Director for that purpose.

160. Operation of Samoan Treasury Post Office Savings Bank Account - The Samoan Treasury Post office Savings Bank Account shall be operated on only by cheque signed jointly by the Financial Secretary and one other senior officer or by 2 senior officers of Treasury appointed by the Financial Secretary for that purpose.

16l. Public Account - (1) All money paid to the Post Office, and not required by any foregoing provision of this Act to be paid into the Director's Deposit Account or the Samoan Treasury Post Office Savings Bank Account, shall be paid into the Public Account.

(2) All money required to be paid by the Post Office, and not required by any foregoing provision of this Act to be paid out of the Director's Deposit Account or the Samoan Treasury Post Office Savings Bank Account, shall be paid out of the Public Account.

162. Money credited to Post Office - The following money shall from time to time as received and paid into the Public Account be credited to the Post Office:

(a) All money received by or on behalf of the State by the Minister, or by any employee of the Post Office in his capacity as such;

(b) All interest received in respect of Post Office Savings Bank investments;

(c) All money received by the Minister, or by any employee of the Post Office in his capacity as such, on account of any other Department of State or as the agent of any person;

(d) All other money which by this or any other Act is made payable to the Post Office.

163. Advances to Director's Deposit Account - (1) The Minister of Finance may, on such terms and conditions as he thinks fit, make interest free advances out of the Treasury Fund to the Director's Deposit Account, to be available for the purposes of that account, in such amounts as he may from time to time determine.

(2) All money advanced to the Director's Deposit Account pursuant to this section shall be repayable to the Treasury Fund at any such time as the Minister of Finance determines, or in the absence of such determination, at such time and in such amounts as the Director determines.

164. Balance sheets and profit and loss accounts to be prepared - The Minister shall as soon as possible after the close of each financial year cause to be prepared -

(a) A balance sheet and a profit and loss account, together with such other statements of accounts as may he necessary to show fully the financial position of the Post Office Savings Bank and the financial results of its operations for the year;

(b) A balance sheet and a profit and loss account, together with such other statements of accounts as may be necessary to show fully the financial position of the Post Office (exclusive of the Post Office Savings Bank) and the financial results of its operations for the year.

165. Accounts to be laid before the Parliament - The balance sheets and accounts prepared under section 164 of this Act, duly audited by the Audit Office, together with such report thereon as the Minister thinks fit to make, shall be laid before Parliament as soon as practicable after the close of the financial year to which they relate.

166. Regulations - The Head of State, acting on the advice of Cabinet, may from time to time make regulations in regard to any matter or for any purpose for which regulations are prescribed or contemplated by this Part of this Act, and may make all such other regulations as may in his opinion be necessary or expedient for giving full effect to the provisions of this Part of this Act, and for the due administration thereof.

As to regulations, see Index to Regulations in this title.

PART XII

Land and Buildings

167. Power to construct departmental buildings - The Minister may from time to time construct such buildings as may be required for the purposes of the Post Office.

168. Power to maintain land and buildings - The Minister may from time to time fence, clear, drain, pave, maintain, repair, renovate, reinstate, alter or clean any land, buildings or premises occupied by or on behalf of the Post Office for any of its purposes.

169. Power to arrange leases - The Minister may from time to take all steps necessary or expedient to arrange leases or tenancies of any land or buildings required for or incidental to the purposes of the Post Office.

170. Tubes or tunnels - For the purpose of laying any pneumatic tubes or constructing any tunnels that may be required for the carriage of postal matter or otherwise for the convenience of the Office, and for the maintenance or removal of any such tubes or tunnels, the Minister of Lands shall have the same powers as he has under the Taking of Land Act 1964 in respect of the construction and maintenance of lines and works.

PART XIII

Other Offences

171. Disfiguring post office - Every person who, without due authority, affixes or attempts to affix any placard, advertisement, notice, list, document, board or thing on, or who disfigures or attempts to disfigure any post office or other real or personal property under the control of the Minister and used for the purposes of this Act commits an offence against this Act and shall be liable to a fine not exceeding $200 or to imprisonment for a term not exceeding one year or to both.

172. Obstruction of employee - Every person who wilfully obstructs or interferes with any employee in the performance of his duties commits an offence against this Act.

173. Personation of employee - Every person who personates or falsely represents himself to be an employee commits an offence against this Act and shall be liable to imprisonment for a term not exceeding one year or a fine not exceeding $200, or to both.

174. Fraud of Post Office revenues - Every person who makes, does or practises, or is concerned in, any fraudulently act, contrivance or device for which no specific penalty is elsewhere provided in this Act, with intent to defraud the Minister of any of the rates, duties, fees, charges or other revenues under this Act commits an offence against this Act and shall be liable to imprisonment for a term not exceeding 2 years, or to a fine not exceeding $500, or to both.

175. Wrongful use of forms - Every person who uses, for any purpose other than that intended by the Post Office, any form provided by the Post Office for the use of the public in connection with the business of the Post Office commits an offence against this Act.

176. Wrongful use of certain words and signs - Every person who, without the authority of the Minister (the proof of which authority shall rest on the person claiming to act under it) places or erects, or permits to be placed or erected, or permits to continue after the original authority has been revoked -

(a) On or near to his house or premises any sign, placard, writing or painting bearing the words "Post Office" or any other words or mark which may imply or give reasonable cause to believe any such house or premises to be a post office or other premises under the control of the Minister and used for the purposes of carrying out his functions under this Act; or

(b) On any vehicle, aircraft or vessel, or attached thereto, any sign, placard, writing, painting or flag bearing the words "State Mail", or any other words or mark which may imply or give reasonable cause to believe any such vehicle, aircraft or vessel to be for the time being under engagement under this Act for the carriage of mails, -

commits an offence against this Act.

177. General penalty - Every person who commits an offence against this Act in respect of which a penalty is not specifically provided elsewhere in this Act shall be liable to a fine not exceeding $100.

178. Proceedings in respect of offences - In any information or complaint against any person for any offence against this Act and on the trial thereof it shall be sufficient -

(a) To state that any property is in the Minister's name without alleging or proving it to be of any value;

(b) To allege that any act, matter or thing was done or committed with intent to injure or defraud the Minister;

(c) To name and describe the Minister as [the Minister of Communications and Transport] for Western Samoa, without any further or other name, addition, or description whatsoever;

(d) To allege (if the offender is an employee) that he was engaged in Post Office duties at the time of committing the offence, without stating further the nature or particulars of his duties.

In para. (c) the reference to the Minister of Communications and Transport was substituted for a reference to the Minister of Post Office by s. 2 (1) of the Ministerial Portfolios Act 1976. As to the term "Minister of Transport", see s. 11 (5) of the Ministry of Transport Act 1978.

179. Reward for procuring conviction - Where any person has been convicted of an offence against this Act the Minister may grant to any person who appears to have been active in or towards procuring the conviction a reward not exceeding $100.

180. Time within which information may be laid - Any information in respect of an offence against this Act or against any regulation may, except as otherwise provided by this Act, be laid at any time within 12 months from the time when the matter of the information arose.

PART XIV

General

181. Declarations of secrecy - (1) Every employee, and every person who, as a contractor for the carriage of mails or for the performance of other services in respect of which contracts may be made under this Act or as the employee of any such contractor, has access to information which, in the opinion of the Director, is confidential shall, before the exercise by him of the duties of his office or, as the case may be, before the performance by him of his functions under the contract, make and subscribe a statutory declaration in the form in the First Schedule to this Act.

(2) Any such declaration may be taken and subscribed before any person empowered by law to take statutory declarations, or before any officer of the Post Office whom the Minister authorises to take declarations under this Act.

For the authority of the Commissioner of Inland Revenue and of the Court to obtain information, see ss. 10 to 12 of the Inland Revenue Administration Act 1974.

182. Recovery of fees and charges - In the case of the refusal or neglect of payment on demand of any fee or charge authorised to be charged or received under this Act the Director may sue for and recover the fee or charge in any Court of competent jurisdiction.

183. Contracts by Minister - (1) In addition to the powers conferred on the Minister by this or any other Act, he shall have power and shall be deemed to have always had power to enter, into such contracts or arrangements for the execution of work, for the supply of materials and goods, and for the provision of labour and services as may be necessary for the exercise of his powers and functions under this Act.

(2) Every such contract or arrangement made by the Minister (whether before or after the commencement of this Act) shall be deemed to have been made on behalf of the State.

184. Powers of Minister - (1) In addition to the powers and functions specifically conferred on him by this Act, the Minister shall have all the powers and functions necessary, conducive or incidental to the performance of his functions under this Act.

(2) Services provided by the Post Office under this Act shall so far as the conditions relating to any such services are not prescribed by this Act or regulations, be conducted between the Post Office and the public in the manner from time to time determined by the Minister.

185. The Post Office Guide - (1) The Minister may cause to be published at such intervals as he thinks fit a document to be known as the Post Office Guide containing conditions subject to which any services provided by the Post Office under this Act shall be available to members of the public.

(2) Any person may consult or purchase a Post Office Guide at any Post Office.

186. Immunity for acts lawfully done - (1) No claim or demand against the Minister or any employee shall arise by reason of anything lawfully done by him under this Act.

(2) The Minister shall not incur any personal liability under any contract or arrangement entered into by him under this Act.

187. Protection of rights in official publications - The Minister, in accordance with regulations, may make such provisions as he thinks fit for the protection of the rights of the Post Office in any official publication and for the protection of the interests of any person in any advertisement appearing in any such publication.

188. Regulations - (1) In addition to the powers to make regulations conferred by preceding provisions of this Act, power is hereby conferred on the Head of State, acting on the advice of Cabinet, from time to time to make regulations in regard to any matter or for any purpose for which regulations are prescribed or contemplated by this Act, and to make all such other regulations as may in his opinion be necessary or expedient for giving full effect to the provisions of this Act, and for the due administration thereof.

(2) Where no other maximum penalty is prescribed by this Act, regulations may prescribe fines not exceeding $100 for the breach of any such regulation.

As to regulations, see index to Regulations in this title.

189. Repeals and Savings - (1) The enactments specified in the Second Schedule to this Act are hereby repealed as part of the law of Western Samoa.

(2) The repeal of any provision by this Act shall not affect any appointment or document made or thing done under the provisions so repealed, and every such appointment, document or thing, so far as it subsists at the time of repeal, shall continue to have effect as if it had been made or done under the corresponding provisions of this Act.

_________

SCHEDULES

Section 181

FIRST SCHEDULE

DECLARATION BY OFFICER OR OTHER PERSON TAKING PART IN THE BUSINESS OF THE POST OFFICE OR HAVING ACCESS TO POST OFFICE PREMISES

I, (Insert full name) of (Insert place of abode and occupation) solemnly and sincerely declare that-

1. I will be true and faithful in the execution of the trust committed to my charge.

2. I will not open, return, or delay, or cause or suffer to be opened, returned, or delayed, any postal article, except as consented to by the addressee or a lawfully permitted.

3. I will not read any letter which I may lawfully open further than is necessary to ascertain the name and address of the writer or any other information lawfully permitted.

4. I will not delay, or cause or suffer to be delayed, any telegraph or telephone message, except as lawfully permitted.

5. I will not divulge, or cause or suffer to be divulged, except as lawfully permitted, -

(a) Any knowledge obtained in lawfully examining any postal article; or

(b) The contents or purport of any telegraph or telephone message; or

(c) Any information obtained regarding any business of the Post Office Savings Bank or any other business of the Post Office.

AND I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths, Affidavits and Declarations Act, 1963.

Declared at .............., this ......... day of ............. 19....., before me:

(A person authorised to take statutory declarations)

__________

SECOND SCHEDULE

Section 189 (1)

ENACTMENTS REPEALED

1920, N.Z.G. 1671: The Samoa Post and Telegraph Order 1920.
1933, N.Z.G. 606: The Samoa Post and Telegraph Amendment Order 1933.
1958, No. 4: The Samoa Post and Telegraph Order Amendment Ordinance 1958.
S.R. 1958/9: The Samoa Post and Telegraph Order Amendment Ordinance Commencement Notice 1958.
1959, No. 30: The Post Office Act 1959 (N.Z.).
1960, No. 106: The Post Office Amendment Act 1960 (N.Z.).
1961, No. 94: The Post Office Amendment Act 1961 (N.Z.).
1953, No. 4: The Telephone Ordinance 1953.
1959, No. 13: The Western Samoa Post Office Ordinance 1959.
1959, No. 17: The Radio Communications Ordinance 1959.
1961, No. 25: The Enactments Amendment and Repeal Ordinance 1961: section 2.

_______

The Post Office Act 1972 is administered in the Department of Post Office.

__________

REGULATIONS APPLYING TO THE POST OFFICE

Post Office (Radio licences) Regulations 1973 (W.S.R. 1973/5)
External Surface and Air Mail Postage Rates Notice 1976 (W.S.R. 1976/12)
Postage Rates Regulations 1976 (W.S.R. 1976/14)
Post Office (Telex) Regulations 1977 (W.S.R. 1977/3)
Telex Call Charges Notice 1977 (W.S.R. 1977/3A)
International Telegram Rates Notice 1977 (W.S.R. 1977/12)
Post Office Telephone Regulations 1977 (W.S.R. 1977/18)
Post Office Box Rental Regulations 1978 (W.S.R. 1978/13)
Post Office Telegraph, Regulations 1978 (W.S.R. 1978/16)

The undermentioned New Zealand legislation (as provided by s. 7 of the Reprint of Statutes Act 1972) is in force in Western Samoa, in so far as it is relevant, as at the date of this Reprint. In the application of the enactments to Western Samoa reference should be made to the provisions of the Existing Law Adjustment Ordinance 1961.

Post Office Savings Bank Regulations 1944 (N.Z.S.R. 1944/177)
Amendment No. 1 (N.Z.S.R. 1948/91)
Amendment No. 2 (N.Z.S.R. 1949/92)
Amendment No. 3 (N.Z.S.R. 1952/138)
Amendment No. 4 (N.Z.S.R. 1957/144)
Amendment No. 5 (N.Z.S.R. 1958/104)
Amendment No. 6 (N.Z.S.R. 1959/118)
Money Order Regulations 1949 (N.Z.S.R. 1949/28)
Amendment No. 2 (NZ.S.R. 1952/245)
Amendment No. 3 (N.Z.S.R. 1961/99)
Radio Regulations 1953 (as reprinted with Amendments 1 - 3) (N.Z.S.R. 1957/1)
Amendment No. 4 (N.Z.S.R. 1958/118)
Amendment No. 5 (NZ.S.R. 1960/115)
Amendment No. 6 (N.Z.S.R. 1961/74)

As to broadcasting of money order telegrams, see reg. 59 of the Treasury Regulations 1965, reprinted in title Public Money.

_________

THE POST OFFICE (RADIO LICENCES) REGULATIONS 1973

As amended by -

Ministerial Portfolios Act 1976, s. 2 (1)

HIS HIGHNESS, MALIETOA TANUMAFILI II, HEAD OF STATE

At the Government House at Apia this 8th day of June 1973 PURSUANT to the Post Office Act 1972, the Head of State, acting on the advice of Cabinet hereby makes the following regulations.

_________

ANALYSIS

1. Title and commencement
2. Interpretation
3. Licence required
4. Fees
5: Duration of licences
6. Minister may refuse suspend or revoke licences
7. Class and number of licences
Schedule

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

REGULATIONS

1. Title and commencement - These regulations may be cited as the Post Office (Radio Licence) Regulations 1973, and shall come into force on the day on which they are made.

These regulations were notified in the Western Samoa Gazette on 1 June 1973.

2. Interpretation - In these regulations, unless the context otherwise requires -

"Director" means the Director of Post Office:

"Minister" means [the Minister of Communications and Transport]:

"Radio Station" or "station" means one or more transmitters or receivers or a combination of transmitters or receivers, including the accessory equipment, necessary at one location for carrying on radio-communication, but does not include any broadcasting station operated by the Broadcasting Department of Western Samoa, nor receivers used by the general public for direct reception from broadcasting stations nor stations located on ships or aircraft not registered in Western Samoa.

"Minister": In this definition the reference to the Minister of Communication and Transport was substituted for a reference to the Minister of Post Office by s. 2 (1) of the Ministerial Portfolios Act 1976. (As to the term "Minister of Transport", see s. 11(5) of the Ministry of Transport Act 1978.)

3. Licence required - Except as provided in these regulations, every person who, not being the holder of a current radio licence, establishes, maintains operates, or uses any radio station, commits an offence, and shall be liable on conviction to a fine not exceeding $100.

4. Fees - The annual fees prescribed in the Schedule to these regulations shall be payable in respect of radio licences issued under these regulations

5. Duration of licences - Licences under these regulations shall be issued annually, provided that the Minister may in his discretion issue a licence for period less than one year, and may prescribe the proportion of the annual fee payable in respect of any such period.

6. Minister may refuse, suspend or revoke licences - Where it appears desirable in the public interest so to do, the Minister may refuse, suspend, or revoke any licence under these regulations.

7. Class and number of licences - A licence under these regulations for any station shall be issued in the class appropriate for that station as set out in the Schedule, and in the event of any doubt or dispute, the Director shall determine the class of licence and also the number of licences to which any person is entitled or is required to hold in respect of any existing or proposed radio station.

________

SCHEDULE

	$
Per Annum	
1. For any station operated on board an aircraft or a ship registered in Western Samoa …………………………………………………………………………………	10.00	
2. For any station operated on land, whether from a fixed location or mobile ……….	6.00	
3. For any amateur station operated by a radio enthusiast without pecuniary interests 	3.00	

MALIETOA TANUMAFILI II,
HEAD OF STATE

________

THE EXTERNAL SURFACE AND AIR MAIL POSTAGE RATES NOTICE 1976

PURSUANT to subsection (2) of section 16 of the Post Office Act 1972, I TOFAEONO TILE Minister of Post Office, HEREBY GIVE NOTICE as follows.

ANALYSIS

1. Title and commencement
2. Fixing of overseas surface mail postage rates
3. Fixing of overseas air mail postage rates
4. Revocations
Schedules

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

NOTICE

1. Title and commencement - (1) This Notice maybe cited as the External Surface and Air Mail Postage Rates Notice 1976.

(2) This Notice shall come into force on the day on which it is published in the Western Samoa Gazette and the Savali.

This Notice was published in the Western Samoa Gazette on 27 April 1976.
As to exemptions, see s.6 (h) of the Head of State Act 1965 and s. 11 (g) of the Potlatch Act 1967.

2. Fixing of overseas surface mail postage rates - I have fixed the rates set out in the First Schedule to be the overseas surface mail postage rates payable in Western Samoa.

3. Fixing of overseas air mail postage rates - I have fixed the rates set out in the Second Schedule to be the overseas air mail postage rates payable in Western Samoa.

4. Revocations - The Notices set out in the Third Schedule are revoked.

______

SCHEDULES

FIRST SCHEDULE

Clause 2

Overseas Surface Mail Postage Rates

Category of Mail:	Rate:	
Letters and Letter Cards to British Commonwealth countries:	Up to 1 oz
Up to 2 ozs
Up to 4 ozs
Up to 8 ozs
Up to 1 lb
Up to 21bs
Max. 4 lbs	- 4 sene
- 8 sene
- 12 sene
- 27 sene
- 48 sene
- 80 sene
- $1.28	
Other countries	Up to 1oz
Up to 2ozs
Up to 4ozs
Up to 8 ozs
Up to 1lb
Up to 2lbs
Max. 4lbs	- 7 sene
- 12 sene
- 16 sene
- 39 sene
- 70 sene
- $1.40
- $2.80	
Post Cards:			
British Commonwealth countries:
Other countries	Single
Single	- 4 sene
- 7 sene	

Printed Papers:
Examples include accounts, invoices, receipts, premium notices, rate demands, bill of exchange, promissory notes, "not negotiable" cheques, bills of lading, orders for goods, pay-sheets, ships' manifests, way-bills, other formal business papers (except communications in the nature of letters), books, unregistered newspapers and magazines, circulars, printed, cyclostyled or hand-stamped notices, catalogues, price lists, printed card Christmas cards, notices of meetings, invitations and photographs.	
British Commonwealth countries and other countries:	Up to 1oz
Up to 2ozs
Up to 4ozs
Up to 8ozs
Up to 1lb
Up to 2lbs
Max. 4lbs	- 7 sene
- 8 sene
- 10 sene
- 16 sene
- 28 sene
- 56 sene
- 80 sene	
	25 sene each additional lbup to 11 lbs (books only)	
Small Packets:		
British Commonwealth countries and other countries (where service available):	Up to 4ozs
Up to 8ozs
Up to 1lb
Max. 2lbs 	- 10 sene
- 20sene
- 40 sene
- 80 sene	
Newspapers and Magazines	Printed Paper Rates		
Literature for the Blind:	Free up to 15lbs		
Parcels:			
New Zealand	Not exceeding 2lbs
Exceeding 2lbs but not 7lbs
Exceeding 7lbs but not 11lbs
Exceeding 11lbs but not 22lbs	- $1.01
- $1.35
- $1.68
- $2.79	
British Commonwealth countries and other countries:	Such weights and rates in respect of each country as I shall from time to time fix.	

_________

SECOND SCHEDULE

Clause 3

Overseas Air Mail Rates

Country or Territory	Letters each ½ oz.	Post Cards and Letter Forms	Second Class Articles
+
Each ½ oz.	Parcels	
	$	s	$	s	$	s	$	s	
Abu Dhabi		.26		.13		.13	1	.69	
Aden (see Southern Yemen)									
Afghanistan		.26		.13		.13*	1	.31	
Alaska		.24		.12		.12	1	.31	
Albania		.26		.13		.13	1	.81	
Algeria		.26		.13		.13	1	.88	
Andorra		.26		.13		.13	1	.81	
Argentina		.26		.13		.13	1	.94	
Ascension		.26		.13		.13	1	.88	
Australia		.14		.07		.07		.59†	
Austria		.26		.13		.13	1	.81†	
Azores		.26		.13		.13*	1	.88	
Bahamas		.26		.13		.13	1	.44	
Bahrain		.26		.13		.13	1	.88	
Barbados		.26		.13		.13	1	.44	
Belgium		.26		.13		.13	1	.81	
Bermuda		.26		.13		.13	1	.44	
Bhutan		.22		.11		.11	1	.31	
Bolivia		.26		.13		.13*	1	.88	
Botswana		.26		.13		.13	1	.88	
Brazil		.26		.13		.13	1	.88	
British Honduras		.26		.13		.13	1	.44	
Brunei		.19		.10		.10	1	.06	
Bulgaria		.26		.13		.13*	1	.81	
Burma		.22		.11		.11*	No service	
Burundi		.26		.13		.13	1	.88	
Cambodia		.22		.11		.11	No service	
Cameron Republic		.26		.13		.13	1	.88	
Canada		.24		.12		.12*	1	.25†	
Canary Islands		.26		.13		.13*	1	.88	
Canton Island (see Gilbert and Ellice )	
Cape Verde Islands		.26		.13		.13*	1	.88	
Caroline Islands		.26		.13		.13	1	.31	
Central African Republic		.26		.13		.13	1	.88	
Ceylon		.22		.11		.11	1	.31	
Chad		.26		.13		.13	1	.88	
Chagos Islands (Air to Mauritius)		.26		.13		.13	1	.88	
Chile		.26		.13		.13*	1	.94	
China (Mainland)		.26		.13		.13*	No service(a)	
China (Taiwan or Formosa)		.26		.13		.13*	1	.06	
Cocos Islands		.19		.10		.10	1	.06	
Columbia		.26		.13		.13	1	.69	
Comoro Islands 		26		.13		.13	1	.69	
Congo Republic (Kinshasa)		.26		.13		.13	1	.88	
Congo Republic (Brazaville)		.26		.13		.13	1	.88	
Cook Islands (Aitutaki and Rarotonga)		.11		.06		.06		.40†	
Corsica		.26		.13		.13	1	.81	
Costa Rica		.26		.13		.13	1	.44	
Cuba		.26		.13		.13*	1	.44	
Cyprus		.26		.13		.13	1	.81	
Czechoslovakia		.26		.13		.13	1	.81†	
Dahomey, Republic of		.26		.13		.13	1	.88	
Denmark		.26		.13		.13	1	.81	
Dominican Republic		.26		.13		.13	1	.44	
Dubai		.26		.13		.13	1	.88	
Ecuador		.26		.13		.13	1	.69	
Egypt (see United Arab Republic)				
El Salvador		.26		.13		.13*	1	.44	
Equatorial Guinea		.26		.13		.13*	1	.69	
Ethiopia		.26		.13		.13	1	.88	
Falkland Islands		.26		.13		.13	No service	
Faroe Islands		.26		.13		.13	1	.81	
Fiji		.11		.06		.06		.33†	
Finland		.26		.13		.13	1	.81	
Formosa (see China)									
France		.26		.13		.13	1	.81†	
French Guiana		.26		.13		.13	1	69	
French Polynesia (Tahiti)		.16		.08		.08		.89	
French Territory of the Afars and Issas		.26		.13		.13	1	.88	
French West Indies		.26		.13		.13	1	.44	
Gabon Republic		.26		.13		.13	1	.88	
Gambia		.26		.13		.13	1	.88	
Gaza and Khan Yunis		.26		.13		.13	1	.88	
Germany, I (Federal Republic)		.26		.13		.13	1	.81	
Germany, II (Soviet Zone)		.26		.13		.13	1	.81	
Ghana		.26		.13		.13	1	.88	
Gibraltar		.26		.13		.13	1	.81	
Gilbert and Ellice (Funafuti Tarawa Canton) Island		.19		.10		.10		.81	
Great Britain and Northern Ireland - United Kingdom of		.26		.13		.13	1	.69†	
Greece		.26		.13		.13	1	.81†	
Greenland		.26		.13		.13	1	.81	
Guam		.24		.12		.12	1	.44	
Guatemala		.26		.13		.13	1	.44	
Guinea, Republic of		.26		.13		.13	1	.88	
Guyana		.26		.13		.13	1	.69	
Haiti		.26		.13		.13*	1	.44	
Hawaii		.19		.10		.10		.94†	
Honduras Republic		.26		.13		.13	1	.44	
Hong Kong		.22		.11		.11	1	.19	
Hungary		.26		.13		.13	1	.81	
Iceland		.26		.13		.13*	1	.81	
India		.22		.11		.11*	1	.31†	
Indonesia		.19		.10		.10	1	.06	
Iran (Persia)		.26		.13		.13*	1	.56	
Iraq		.26		.13		.13*	1	.56	
Ireland Republic		.26		.13		.13	1	.81†	
Israel		.26		.13		.13	1	.69	
Italy		.26		.13		.13	1	.81†	
Ivory Coast, Republic of		.26		.13		.13	1	.88	
Jamaica and Cayman Islands		.26		.13		.13	1	.44	
Japan		.26		.13		.13	1	.31	
Jordan		.26		.13		.13	1	.69	
Kenya		.26		.13		.13	1	.88	
Korea (North)		.26		.13		.13	No service (a)	
Korea (South)		.26		.13		.13	1	.31	
Kuwait		.26		.13		.13	1	.56	
Laos		.22		.11		.11	No service	
Lebanon, Republic of		.26		.13		.13	1	69†	
Leeward Islands		.26		.13		.13	1	.44	
Lesotho		.26		.13		.13	1	.88	
Liberia		.26		.13		.13*	1	.88	
Libya, Kingdom of		.26		.13		.13	1	.88	
Luxembourg		.26		.13		.13	1	.81	
Macao		.26		.13		.13*	1	.31	
Madeira		.26		.13		.13*	1	.88	
Malagasy Republic		.26		.13		.13	1	.88	
Malawi (formerly Nyasaland)		.26		.13		.13	1	.88†	
Malaysia		.19		.10		.10	1	.06†	
Maldive Island (Air to Ceylon)		.22		.11		.11	1	.31	
Mali, Republic of		.26		.13		.13	1	.88	
Malta		.26		.13		.13	1	.81†	
Marian Islands		.24		.12		.12	1	.44	
Mauritania		.26		.13		.13	1	.88	
Mauritius		.26		.13		.13	1	.88	
Mexico		.26		.13		.13	1.	44	
Midway Island		.24		.12		.12	1	.31	
Mongolia, People's Republic		.26		.13		.13	1	.94	
Morocco		.26		.13		.13	1	.88	
Muscat and Oman		.26		.13		.13	1	.94	
Nauru		.19		.10		.10		.81	
Nepal		.22		.11		.11*	No service	
Netherlands		.26		.13		.13	1	.81†	
Netherlands Antilles		.26		.13		.13	1	.44	
New Caledonia		.14		.07		.07		.60†	
New Guinea		.14		.07		.07		.60	
New Hebrides		.14		.07		.07		.65†	
New Zealand		.12		.06		.06		.38†	
Nicaragua		.26		.13		.13	1	.44	
Niger, Republic of		.26		.13		.13	1	.88	
Nigeria, Federal Republic of		.26		.13		.13	1	.88	
Norfolk Island		.14		.07		.07		.53†	
Norway		.26		.13		.13	1	.81	
Pakistan		.22		.11		.11*	1	.31	
Panama Canal Zone		.26		.13		.13	1	.56	
Panama Republic		.26		.13		.13*	1	.56	
Papua (see New Guinea)									
Paraguay		.26		.13		.13*	1	.94	
Peru		.26		.13		.13*	1	.88	
Philippines, Republic of		.26		.13		.13	1	.31	
Poland		.26		.13		.13	1	.81†	
Portugal		.26		.13		.13*	1	.81	
Portuguese East Africa (Mozambique)		.26		.13		.13*	1	.88	
Portuguese Timor		.19		.10		.10*	1	.06	
Portuguese West Africa (Angola)		.26		.13		.13*	1	.88	
Puerto Rico		.26		.13		.13	1	.44	
Qatar		.26		.13		.13	1	.56	
Reunion		.26		.13		.13	1	.88	
Rhodesia		.26		.13		.13	1	.88†	
Romania, Socialist Republic of 		.26		.13		.13	1	.81	
Rwanda, Republic of		.26		.13		.13	1	.88	
Ryuku Islands		.26		.13		.13	1	.31	
St. Helena		.26		.13		.13	1	.88	
St. Pierre and Miquelon		.24		.12		.12	1	.31	
Samoa (American)		.11		.06		.06		.18†	
Saudi Arabia		.26		.13		.13	1	.69	
Senegal, Republic of		.26		.13		.13	1	.88	
Seychelles		.26		.13		.13	1	.88	
Sharjah		.26		.13		.13	1	.88	
Sierra Leone		.26		.13		.13	1	.88	
Singapore		.19		.10		.10	1	.06†	
Solomon Islands		.16		.08		.08	1	.06	
Somali Republic		.26		.13		.13	1	.88	
Southern Yemen (Aden)		.26		.13		.13	1	.88	
South Africa (Union)		.26		.13		.13*	1	.88	
Spain		.26		.13		.13	1	.81	
Spanish Guinea and Fernando Po		.26		.13		.13	1	.88	
Spanish Territories North Africa		.26		.13		.13	No service	
Spanish West Africa		.26		.13		.13	No service	
Spitzbergen (Swalbard)		.26		.13		.13	1	.81	
Sudan, Republic of		.26		.13		.13*	1	.88	
Surinam		.26		.13		.13	1	.69	
Swaziland		.26		.13		.13	1	.88	
Sweden		.26		.13		.13	1	.81	
Switzerland		.26		.13		.13	1	.81†	
Syria		.26		.13		.13	1	.69	
Taiwan (see China)									
Tanzania Republic (formerly Tanganyika and Zanzibar		.26		.13		.13	1	.88	
Thailand		.22		.11		.11	1	.31	
Togo (Republic)		.26		.13		.13	1	.88	
Tonga		.11		.06		.06		.33†	
Trinidad and Tobago		.26		.13		.13	1	.44	
Tristan de Cunha		.26		.13		.13	1	.88	
Tunisia		.26		.13		.13	1	.88	
Turkey		.26		.13		.13	1	.81†	
Turks and Caicoa Island		.19		.10		.10	1	.06	
Uganda		.26		.13		.13	1	.88	
Union of Soviet Socialist Republics		.26		.13		.13*	1	.81	
United Arab Republic		.26		.13		.13*	1	.88	
United States of America		.24		.12		.12	1	25†	
Upper Volta, Republic of		.26		.13		.13	1	.88	
Uruguay		.26		.13		.13*	1	.94	
Vatican City		.26		.13		.13	1	.81	
Venezuela		.26		.13		.13*	1	.69	
Vietnam (North)		.22		.11		.11	No service	
Vietnam, Republic (South)		.22		.11		.11	No service	
Virgin Islands (U.S.A.)		.26		.13		.13	1	.44†	
Wake Island		.22		.11		.11	1	.06	
Wallis and Futuna Islands		.11		.06		.06		.33†	
Windward Islands		.26		.13		.13	1	.44	
Yemen		.26		.13		.13	No service	
Yugoslavia		.26		.13		.13	1	.81†	
Zanzibar (see Tanzania)									
Zambia (formerly North Rhodesia)		.26		.13		.13	1	.88†	

* Small packet service not available.
+ Minimum charges for small packets, 8 sene. In all cases refer to Guide for conditions of acceptance of small packets.
† Parcels may be insured. Limit $100 except to Canada to which the limit is $70.
(a) Registration and parcel post service not available.

NOTE: The insured letter system by air is effected to all countries which accept insured letters by surface post.

___________

THIRD SCHEDULE
Clause 4:

Notices Revoked

S.R. 1970/4 The Surface Mail Postage Rates Notice 1970
S.R. 1970/5 The Air Mail Postage Rates Notice 1970
S.R. 1972/10 The Surface Mail Postage Rates Notice 1972
S.R. 1973/6 The Surface Mail Postage Rates Notice 1973
S.R. 1975/3 The Surface Mail Postage Rates Notice 1975

DATED at Apia this 21st day of April, 1976.

TOFAEONO TILE
MINISTER OF POST OFFICE

____________

THE POSTAGE RATES REGULATIONS 1976

HIS HIGHNESS, MALIETOA TANUMAFILI II, HEAD OF STATE
At the Government House at Apia this 28th day of April 1976

PURSUANT to the Post Office Act 1972, the Head of State, acting on the advice of Cabinet, hereby makes the following regulations.

ANALYSIS

1. Title and commencement
2. Internal surface postage rates and registration fees
3. External charges
Schedules

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

REGULATIONS

1. Title and commencement - (1) These regulations may be cited as the Postage Rates Regulations 1976.

(2) These regulations shall come into force on the day on which they are made.

These regulations were notified in the Western Samoa Gazette on 24 May 1976, As to exemptions, see s. 6 (h) of the Head of State Act 1965 and s. 11 (g) of the Potlatch Act 1967.

2. Internal surface postage rates and registration fees - The postage rates and registration fees in respect of mail posted in and for delivery within Western Samoa shall be those set out in the First Schedule.

3. External charges - The charges for registration, customs clearance fees, and insurance in respect of mail posted in Western Samoa and for delivery outside Western Samoa shall be those set out in the Second Schedule.

__________

SCHEDULES

FIRST SCHEDULE

Reg. 2

Internal Surface Mail

Category of Mail:	Rate:	
			
Letters and Letter Cards:	Up to 1oz	3 sene	
	Up to 2ozs	6 sene	
	Up to 4ozs	9 sene	
	Up to 8ozs	15 sene	
	Up to 1lb	27 sene	
	Up to 2 lbs	54 sene	
	Max. 4lbs	$1. 08	
Post Cards:	Single	3 sene	
Printed Papers:	3 sene each 8ozs up to 2 lbs 8ozs	

Examples include accounts, invoices, receipts, premium notices, rate demands, bills of exchange, promissory notes, "not negotiable" cheques, bills of lading, orders for goods, pay sheets, ships' manifests, way - bills, other formal business papers (except communications in the nature of letters), books, unregistered newspapers and magazines, circulars, printed, cyclostyled or hand - stamped notices, catalogues, price lists, printed cards, Christmas cards, notices of meetings, invitations and photographs.	

Small Packets:…………………………………………..4 sene each 4oz
Newspapers and Magazines: ……………………………Printed Paper Rates
Literature for the Blind: …………………………………Free up to 15lbs
Parcels: ………………………………………Not exceeding 3lbs - 20 sene
Exceeding 3lbs but not 7lbs - 30 sene
Exceeding 7lbs but not 14lbs - 50 sene
Exceeding 14lbs but not 21lbs - 70 sene
Exceeding 21lbs but not 28lbs - 90 sene

Registration:………………………………………...Fee 25 sene, compensation unit $9.40
Advice of delivery of a registered article: …………10 sene
Insurance: ……………………………………...........No service

________

SECOND SCHEDULE

Reg. 3

External Charges

Registration	Fee 25 sene, compensation unit 40 gold francs (at present $9.40)	
Customs clearance fee (on parcels which customs duty is payable):	20 sene	
Advice of delivery of a registered article:	10 sene	
Insurance for External Mail:		
Amount of Insurance
$ s
Up to 50.00
95.00
140.00
185.00
230.00
275.00
320.00
365.00
410.00
455.00
510.00
555.00
600.00
645.00
690.00
735.00
780.00
825.00
(3, 430 gold francs)	Insurance Fee
$ s
.30
.40
.50
.60
.70
.80
.90
1.00
1.10
1.20
1.30
1.40
1.50
1.60
1.70
1.80
1.90
2.00	

MALIETOA TANUMAFILI II
HEAD OF STATE

__________

THE POST OFFICE (TELEX) REGULATIONS 1977

ANALYSIS

PART I
PRELIMINARY

1. Title
2. Interpretation
3. Possession
4. Control and Management
5. Services

PART II
TELEX SERVICES

6. Services subject to regulations
7. Application
8. Discretion of Minister
9. Provision and maintenance
10. Licence
11. Use to be approved
12. Terms of service
13. Service connection fee
14. Rental
15. Temporary service
16. Liability for charges
17. Call charges
18. Payment of charges
19. Rental period
20. Failure to pay charges
21. Defaulters
22. Reconnection
23. Remission of charges
24. Directory listings
25. Additional and extended entries
26. Agent
27. Irregular name
28. Additional and extended entry without charge
29. Unlawful publication
30. Installation and maintenance
31. Electricity supply
32. Paper and typewriter ribbons
33. Damage to equipment
34. Care of installation
35. Improper use
36. Interruption to service

PART III
MISCELLANEOUS SERVICES

37. Telegrams
38. Public booths
39. Removals
40. Change of answer-back code
41. Miscellaneous alterations to installation

PART IV
GENERAL

42. Preservation of Post Office rights
43. General penalty
44. Service of notices

__________

His HIGHNESS, MALIETOA TANUMAFILI II, HEAD OF STATE
At the Government House at Apia this 24th day of February 1977

PURSUANT to the Post Office Act 1972, the Head of State acting on the advice of Cabinet, hereby makes the following regulations:

REGULATIONS

PART I
PRELIMINARY

1. Title - These regulations may be cited as the Post Office (Telex) Regulations 1977.

These regulations were notified in the Western Samoa Gazette on 11 March 1977.
As to exemptions, see s. 6 (h) of the Head of State Act 1965 and s. 11 (g) of the Potlatch Act 1967.

2. Interpretation - In these regulations, unless the context otherwise requires, - 

"Call" means the establishment of communication by means of the telex service:

"Contract" means an agreement which is entered into between the applicant and the Department when application is made for telex service:

"Department" means the Post Office; and includes the Minister, the Director, and any officer of the Department acting in the premises:

"Director" means the Director of Post Office:

"Inland call" means a call from a sending station within Western Samoa to a receiving station within Western Samoa:

"Minister" means the Minister of Communications and Transport and includes any officer or other person acting under the authority or b) the direction of the Minister of Communications and Transport:

"Receiving station", in relation to a call, means the telex installation to which the call is made:

"Sending station", in relation to a call, means the telex installation whereby the call is originated:

"Service call" means a call to or from a sending station in Western Samoa to or from a receiving station under the direct control of the Department:

"Subscriber" means the person who is recognised by the Minister as the lessee of a telex installation:

"Subscriber's premises" means any premises in or on which any part of a telex installation is situated, being premises in the possession of occupation or under the control of the person who is the subscriber in respect of the installation or of a person for whose use the telex installation is provided under the contract with the subscriber:

"Telegram" means a telegraphic communication of any kind and includes a radio telegram:

"Telex exchange" means the switching equipment and apparatus operated by the Minister and forming part of the public telex exchange system provided by him:

"Telex installation" means a telex line and the teleprinter or other sending or receiving apparatus and the equipment associated therewith which are provided by the Minister for a subscriber for the purpose of telex service:

"Telex line" means a circuit provided as part of a telex installation for the purpose of keeping that installation in continuous connection with a telex exchange:

"Telex service" means a service whereby written messages may be sent directly between the sender and the recipient through the public telex exchange systems under the control of the Minister.

3. Possession - Notwithstanding any other provision of these regulations or the. provision of any contract or other instrument, a subscriber shall not be entitled or deemed to be in possession of any telex installation except such part of the installation as is for the time being within the buildings of the premises of the subscriber, and all other parts of the installation shall be deemed to remain in the possession of the Government of Western Samoa but to be the subject of a right in the subscriber to have the use and benefit of the same to the extent and in the manner provided by the contract and by these regulations, and not further or otherwise.

4. Control and management - The control and management of all lines; instruments, apparatus, and equipment which are the subject of any contract under these regulations shall be deemed at all times to remain with the Minister, irrespective of any right to the possession thereof:

5. Services - The services referred to in these regulations may be provided bit he Minister at such times, during such periods, in such circumstances, by means of such equipment, and subject to such charges, terms and conditions as the Minister may from time to time consider expedient.

PART II
TELEX SERVICES

6. Services subject to regulations - All telex services furnished by the Department shall be subject to these regulations and it shall be a condition implied in every contract for telex services heretofore or hereafter made by the Department that the contract be so subject.

7. Applications - (1) Applications for telex service, special services, facilities or additional equipment shall be made in writing on the form of application and contract supplied in that behalf by the Director, or in any other way acceptable to the Director.

(2) Any application made on behalf of a partnership or a company shall be signed by one of the partners or by an authorised officer of the company, as the case may require.

8. Discretion of Minister - The Minister may, in his discretion - 

(a) Approve the application for telex service;

(b) Refuse an application for telex service;

(c) Instead of refusing absolutely any application, accede thereto upon such conditions as to security, nature of service (including type of apparatus) to be afforded, special minimum period of contract, or other conditions as he may think fit;

(d) Make any alteration in an installation;

(e) Alter the telex number or the answer-back code allocated to an installation.

9. Provision and maintenance - Upon approval by the Minister and payment of the charges prescribed, the Department will, in accordance with the contract made with the subscriber, provide under lease all necessary telex installations and maintain the same.

10. Licence - (1) A subscriber shall not, except with the prior written consent of the Minister assign or dispose of his contract or assign, dispose of, or part with any benefit or advantage under it.

(2) Except as provided in subclause (3) of this regulation, a telex installation shall be used only with respect to the affairs of the subscriber.

(3) Upon application being made in writing on a form supplied for the purpose by the Director, the Minister may grant to any subscriber a licence to send and receive telex traffic on behalf of such other persons as may be specified in the licence.

(4) Each licence issued under this regulation shall be subject to the conditions specified therein.

(5) For each licence issued under this regulation there shall be payable a monthly licence fee of $5 together with a monthly charge of $4 in respect of each person on whose behalf the subscriber is licensed to send and receive telex calls.

11. Use to be approved - A person who has entered into the occupation or otherwise assumes control of any premises having telex service shall not be entitled to make use of the telex installation until he has made application for the service and had his application approved by the Minister; and if any such person make use of the service before his application is approved he shall be deemed to have assumed the service and (without prejudice to any liability of the subscriber or any right or power of the Department) shall be liable for all amounts owing in respect of the service at the time he entered into occupation or otherwise assumed control of the premises, as well as amounts which become payable in respect of any use of the telex installation after that time.

12. Terms of service - Telex service shall be subject to the rates and other charges appropriate to the service provided as prescribed in these regulations. Every service commenced shall be for such minimum period as the Department may determine at the time of application and shall continue thereafter until the subscriber gives notice in writing that the service is to be discontinued or until the Department discontinues the service. Every contractor for the hire of a telex installation shall be deemed to be for the minimum period referred to in the application and thereafter until discontinuance of the service, subject to the rights of the Department to discontinue the service, notwithstanding that the minimum period may not have expired.

13. Service connection fee - A service connection fee of $50 shall be payable in respect of each new or additional telex installation except in the case of a temporary telex service as provided for in regulation 15 but the Minister may, in any circumstances, waive or reduce the fee. The fee shall be an initial charge only.

14. Rental - Every subscriber to the telex service shall pay a monthly rental of $100 for each telex installation leased by him.

15. Temporary service - Where a telex service is desired for a shorter term than the period determined under regulation 12 the service may be granted conditionally on the applicant agreeing in writing to pay a special fee which shall be a weekly rate of $30 with a minimum charge as for 2 weeks, together with the service connection fee as prescribed in regulation 13.

16. Liability for charges - In addition to being liable for the payment of charges in respect of the telex installation leased by him, a subscriber shall be liable for the charges payable in respect of all calls emanating from his telex installation and for payment of charges in respect of telegrams emanating from his telex installation.

17. Call charges - (1) The charge for an inland call shall be 20 sene for each minute or fraction thereof, subject to a minimum charge as for 3 minute:

Provided that no charge shall be made for a service call.

(2) The charge for a telex call other than an inland call shall be such as the Minister may fix and publish from time to time in the Western Samoa Gazzette.

See W.S.R. 1977/3A.

18. Payment of charges - All charges for telex service payable under these regulations shall be payable on demand.

19. Rental period - The rental period shall be specified by the Director and may be varied from time to time. In the event of any variation in the rental period, adjustments in respect of amounts payable by subscribers maybe made.

20. Failure to pay charges - If any subscriber fails for 7 days after written demand made upon him to pay any charge due by him under these regulations, the Director may discontinue the telex service.

21. Defaulters - (1) If a subscriber becomes a defaulter in respect of any charges due under the conditions of contract, or any other telex charges due under these regulations, he shall not be furnished with telex service of any kind until he has discharged his liability.

(2) If the Director is satisfied that any service is being obtained either in his own or any other name by a person who is, in the opinion of the Director, a defaulter in connection with any telex service furnished by the Department, the Minister may discontinue the telex service.

22. Reconnection - In the event of the telex service of any subscriber being discontinued in accordance with regulation 20, a reconnection fee of $5, in addition to all other amounts due, shall be payable by the subscriber before the service is restored. If the telex installation at the premises of the subscriber has been removed, or if any portion of the circuit has been dismantled, a request or application of restoring the circuit shall be treated as an application for a new telex installation.

23. Remission of charges - The Minister may remit in whole or in part any charge or sum payable or paid under these regulations.

As to exemptions, see s. 6 (h) of the Head of State Act 1965 and s. 11 (g) of the Potlatch Act 1967.

24. Directory listings - (1) One free entry shall be published in the telex directory in respect of the following: - 

(a) The telex installation of the subscriber:

(b) Each person on whose behalf the subscriber is licensed to send or receive telex calls.

(2) Each free entry shall be limited to 3 lines of print and shall consist of the name or firm name of the person entitled to the listing or his nominee, his business, his address, and the telex number or answer-back code.

(3) In the case of an entry which the Department deems sufficiently descriptive any further description necessitating an additional line or lines of print in access of 3 shall be inserted only on payment of the charge prescribed in regulation 25 for an additional or extended entry.

25. Additional and extended entries - (1) There may be inserted in a telex directory such additional or extended entries as the Director may in any case approve. The charges in respect of these entries shall be:

(a) For each additional or extended entry not exceeding 3 lines of print, $5 per issue of the directory:

(b) For each further line of print beyond 3, $2 per issue of the directory.

(2) The insertion in the telex directory of any addition to the free entry under regulation 24 shall be deemed to be an additional service afforded on the date of publication of the first issue of the directory in which it appears, and, unless the telex service is sooner discontinued, continuing until the date of publication of the first issue in which it is practicable to comply with directions for countermanding it.

26. Agent - An agent desiring the insertion of the name of the firm or firms, he represents shall furnish satisfactory evidence that he is a bona fide agent of any such firm or firms.

27. Irregular name - An irregular combination or arrangement of the legal name of a corporation, partnership, or individual shall not be permitted as an additional or extended entry nor shall any phraseology be allowed to designate the trade or business of the subscriber for the purpose of securing a position out of its regular order in the alphabetical list published in the directory if in the opinion of the Director any such irregular combination, arrangement, or phraseology is inimical to the interest of another subscriber, or, in the case where an additional or extended entry has already appeared, has in the opinion of the Director, become so inimical.

28. Additional and extended entry without charge - Notwithstanding the provisions of these regulations with respect to the payment of a fee for the insertion of an additional or extended entry, the Director may approve the insertion of any additional or extended entry, without charge, which in his opinion will assist the user of the directory to locate the telex number of a subscriber.

29. Unlawful publication - (1) Except with the authority of the Minister, no person shall publish any list of telex subscribers with or without the appropriate telex numbers or answer - back codes or both.

(2) Any person who commits a breach of this regulation shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100.

30. Installation and maintenance - (1) All telex lines, installations, equipment, and fittings in connection with the telex service, except where otherwise, is, provided by these regulations, shall be supplied, erected, installed and maintained by the Department, and, except with the authority of the Director, no person other than an employee of the Department provided with proper means of identification shall interfere with, maintain, or make any additions or alterations to any telex lines, installations, equipment or fittings under the control of the Department. In the event of any interference with any telex lines, installations, equipment or fittings by unauthorised persons, the subscriber concerned shall be liable to have his telex service discontinued without prejudice to any other liability that may be incurred.

(2) The Minister shall take all reasonable precautions to prevent damage or injury to subscribers or their premises from fire or other cause by reason of the installation of telex apparatus but the Minister shall not be liable for any damage or injury that may arise from the failure of any such precautions.

(3) Employees of the Department showing proper means of identification shall at all reasonable times have access to the premises of a subscriber where any telex installation or apparatus owned by the Department is installed, for the purpose of inspection, repair, or removal of the telex installation or apparatus.

31. Electricity supply - (1) If and when required to do so by the Director, a subscriber shall provide at his own expense in all respects a continuous supply of electricity at the pressure and in the manner required by the Department for the installing, operation, and maintenance of the telex installation or any part thereof.

(2) The subscriber shall pay the costs incurred in making such alterations to the telex installation as are necessary to conform to any change made otherwise than by the Department in the method of applying the electricity to the telex installation or in the kind of electric current used, or to prevent harmful effects to the telex installations by electric lines or plant erected on the premises of the subscriber,

(3) The subscriber shall leave the electricity supply provided under subclause (1) of this regulation continuously connected to the telex installation except during such periods as the Department may otherwise permit.

32. Paper and typewriter ribbons - (1) The paper and typewriter ribbons used in any teleprinter in a telex installation shall be supplied by the subscriber and shall be of a quality, kind, and size for the time being approved by the Department.

(2) Every subscriber shall keep any teleprinter, being part of a telex installation fitted correctly with paper and a typewriter ribbon in good condition.

33. Damage to equipment - (1) In the event of the telex installation or any part thereof on the premises of a subscriber being lost, destroyed, or damaged through any means whatever (other than fair wear and tear), the subscriber shall pay to the Department, on demand, the cost to the Department of replacing or repairing the installation or any part thereof:

Provided that no charge shall be made in respect of the installation or any part thereof accidentally destroyed or damaged by fire, flood, earthquake, or other similar cause beyond the control of the subscriber.

(2) This regulation shall apply notwithstanding that there has been no negligence on the part of the subscriber or any person for whom he is responsible and notwithstanding that the loss, destruction, or damage may have arisen from some cause not due to the act or fault of the subscriber.

34. Care of installation - (1) A subscriber shall not without the authority of the Department - 

(a) Alter, deface, or remove any telex installation, or any part thereof, or obliterate or deface any marks, words, or numbers thereon:

(b) Make an attachment to any telex installation, or place anything in electrical connection therewith:

(c) Place or use in any manner or position in relation to any telex installation anything that may in the opinion of the Department have a harmful effect on the installation or on its use for the purpose for which it is provided, and shall not without the authority of the Department permit or suffer any other person so to do.

(2) A subscriber shall, on being required by the Department so to do, forthwith cease to use and remove anything which has been attached, connected, placed, or used in contravention of subclause (1) whether by him or by another person and whether with or without the consent of the Department.

35. Improper use - (1) A person shall not use a telex installation - 

(a) For sending to any person any message or communication which is offensive or abusive or of an indecent, obscene, or menacing character:

(b) For the making of calls for the purpose of causing annoyance, inconvenience, or needless anxiety to any person.

(2) The Director may refuse to give telex service to any person who contravenes this regulation and may suspend without notice the telex service of any subscriber whose telex installation is used as aforesaid, either at the time the installation is so used or at any time thereafter and may continue any such suspension unless and until such assurance is received as the Director may deem sufficient that there will be no further contravention of the provisions of subclause (1).

36. Interruption to service - (1) Neither the Government of Western Samoa nor the Minister nor any officer of the Post Office shall incur any liability in respect of any loss or damage sustained by reason of any interruption or failure of communications by means of any telex installation, or any failure or error in connection with the taking or giving of messages or telegrams by officers of the Post Office, or any omission or insertion of or error in any entry in a telex directory published by or on behalf of the Minister.

(2) A subscriber shall not be entitled to any abatement of rental because of any interruption, failure, error, or omission referred to in subclause (1).

PART III
MISCELLANEOUS SERVICES

37. Telegrams - (1) A telex message may be sent by a subscriber to the appropriate receiving station under the control of the Minister for further transmission to the addressee as a telegram by means of the public telegraph system.

(2) The subscriber shall pay for this service all charges in respect of the telegram which are payable under the statutory prescription or order applicable thereto; but no call charge shall be payable for the call to the receiving station under the control of the Minister.

As to telegraph charges, see W.S.R. 1978/16 reprinted in this title.

38. Public booths - (1) The Minister may from time to time establish public telex booths, either in premises provided by the Department or elsewhere, on a permanent or temporary basis, to which members of the public may have access, for the purpose of making an inland or international telex call.

(2) The charge for each telex call from any public telex booth shall be the total of - 

(a) The normal telex call charge as prescribed by regulation 17, or, in the case of a telegram, all charges which are payable under the statutory prescription or order applicable, thereto; and

(b) A service charge of 50 sene for each period of 15 minutes or fraction thereof during which the equipment and facilities are used; and

(c) Where the services of an operator are supplied by the Department, such charge as the Minister may from time to time determine and publish in the Western Samoa Gazette.

(3) The charges payable under subclause (2) of this regulation may be debited to any telex installation. An additional charge of 15 sene shall be payable for this service.

39. Removals - (1) Subject to the approval of the Director, subscribers may have their telex installations removed to other premises, or the position of their telex installations altered, upon giving sufficient notice in writing and paying its appropriate charge prescribed hereunder:

Charge for Removal
$
(a) Removal to other premises: ………………………………………………………..50

Provided that if the telex installation, internal wiring, and outside circuit are in position from a former connection, and the installation is taken over without alteration except to the telex number and answer - back code, the charge is reduced to …………….......................................................................................15

(b) Removal from one position to another in the same building ………………………..20

(2) In the event of a subscriber removing from or giving up possession of the premises in which the telex installation is situated without making arrangements approved of by the Director for the removal of the telex installation or the discontinuance of the service, the Minister may cause the telex service to be discontinued and the subscriber shall continue to be liable for all charges incurred up to and including the time of discontinuation of the service.

40. Change of answer-back code - A subscriber may, with the approval of the Director, have the answer - back code of his telex installation changed upon making application in writing and upon payment of the fee of $15.

41. Miscellaneous alterations to installation - In the case of a removal or alteration for which no charge is prescribed elsewhere in these regulations, or for the disturbance of any telex installation by building alterations or for the disturbance of any telex installation by building alterations or renovations, the subscriber shall pay the labour and incidental expenses incurred in respect of the removal, alteration, or disturbance.

PART IV
GENERAL

42. Preservation of Post Office rights - In any case where the Minister or the Director, pursuant to these regulations, causes any telex service to be discontinued, disconnected, or determined, the discontinuation, disconnection or determination shall be without prejudice to the right of the Minister to recover any sum due or payable in accordance with these regulations.

43. General penalty - Any person who commits a breach of these regulations for which no other penalty is herein provided shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100.

44. Service of notices - Any notice, account, statement, direction or other document which may be given, rendered, or made by the Minister or the Director under or for any purpose of these regulations or a contract shall be deemed to have been duly given, rendered or made and served if left at or sent by registered post to the address, at or in connection with which the relevant telex installation is required or provided or to the address stated in the relative contract as the address of the subscriber, or to his usual or last known place of abode or business in Western Samoa.

MALIETOA TANUMAFILI II
HEAD OF STATE

__________

THE TELEX CALL CHARGES NOTICE 1977

PURSUANT to the Post Office Act 1972 and regulation 17 (2) of the Post Office (Telex) Regulations 1977, I, TOFAEONO TILE, Minister of Communications and Transport, HEREBY GIVE NOTICE as follows:

_________

NOTICE

1. Title - This Notice may be cited as the Telex Call Charges Notice 1977.

2. Commencement - The telex call charges fixed by this Notice shall come into force on the 24th day of February 1977.

3. Call charges - I have fixed the charges set out in the Schedule to be the telex call charges for telex calls other than inland telex calls.

As to exemptions, see s. 6 (h) of the Head of State Act 1965 and s. 11(g) the Potlatch Act 1967.

_____________

SCHEDULE

Telex Call Charges (other than Inland Calls)

Charge for each minute or fraction thereof, subject to a minimum charge as for 3 minutes - 

(a) $1.40 per minute for the South West Pacific area, except American Samoa:

(b) $3.00 per minute for the rest of the world, except American Samoa.

DATED at Apia this 24th day of February 1977.

TOFAEONO TILE
MINISTER OF COMMUNICATIONS AND TRANSPORT

___________

THE INTERNATIONAL TELEGRAM RATES NOTICE 1977

PURSUANT to subsection (2) of section 80 of the Post Office Act 1972, I, ASI EIKENI, Minister for Communications and Transport, HEREBY GIVE NOTICE as follows: - 

NOTICE

1. Title and commencement - (1) This notice may be cited as the International Telegram Rates Notice 1977.

(2) This notice shall come into force on the 1st day of September 1977.

This notice was notified in the Western Samoa Gazette on 16 September 1977. As to exemptions, see s. 6 (h) of the Head of State Act 1965 and s. 11 (g) of the Potlatch Act of 1967.

2. International telegram rates - I have fixed the international telegram rates set out in the Schedule to be the rates payable in respect of telegrams lodged in Western Samoa for transmission outside Western Samoa.

As to the Minister's authority to fix these charges, see reg. 7 (2) of the Post Office Telegraph Regulations 1978 (W.S.R. 1978/16) reprinted below.

3. Revocation - The Telegraph Charges from Western Samoa to New Zealand Notice 1968 is hereby revoked.

_________

SCHEDULE

International Telegram Rates

1. Ordinary telegrams (minimum charge as for 7 words):

Destination	Rate per word sene:	
Destination	Rate per word sene:	
Abu Dhabi	38	Cape Verde Island	38	
Adelie Land, Antarctica	22	Caroline Islands	20	
Afghanistan	38	Casey, Antarctica	22	
Ajman	38	Cayman Islands	16	
Albania	32	Central African Republic	42	
Algeria	32	Chad	42	
American Samoa	8	Chile	42	
Andorra	32	China, People's Republic of	42	
Angola	38	Christmas Island, Indian Ocean	16	
Argentine Republic	38	Christmas Island Pacific Ocean	16	
Ascension	16	Cocos Islands	16	
Australia	12	Colombia	42	
Austria	32	Comoro Islands	38	
Azores	32	Congo Republic (Brazzaville)	38	
Bahamas	16	Congo Democratic Republic (now Zaire)	38	
Bahrain	38	Cook Islands	10	
Balearic Islands	26			
Bangladesh	16	Corsica	32	
Barbados	16			
Belgium	26	Costa Rica	38	
Belize	16	Cuba	32	
Bermuda	16	Curacao	38	
Bolivia	38	Cyprus	16	
Botswana	16	Czechoslovakia	26	
Brazil	38	Dahomey	42	
British Virgin Islands	16	Davis, Antarctica	12	
Brunei	16	Denmark	26	
Bulgaria	32	Dominican Republic	38	
Burma	24	Dubai	38	
Burundi	38	Ecuador	42	
Cameroon	42	Egypt	32	
Canada	16	Kuwait	36	
Canary Islands	32	Laos	42	
El Salvador	38	Lebanon	38	
Equatorial Guinea	42	Leeward Islands
Lesotho	16
16	
Ethiopia	38	Liberia	42	
Falkland Islands and Dependencies	16	Libya	32	
Faroe Islands	26	Liechtenstein	26	
Fiji	10	Loyalty Island	22	
Finland	26	Luxembourg	26	
France	26	Macao	42	
French Guinea	42	MacQuarrie Island
Madeira	12
26	
French Polynesia	22	Malagasy Republic	38	
French Territory of the Afars and Issas	38	Malawi	16	
French West Indies	38	Malaysia	16	
Fujairah	38	Maldives	16	
Gabon	42	Mali	38	
		Malta	16	
Gambia	16	Mariana Islands	16	
Germany	26	Marie Galante
Marquesas Islands	38
22	
Ghana	16			
Gibraltar	16	Marshall Islands	29	
Gilbert and Ellice Islands	16	Martinique	38	
Great Britain & Northern Ireland	16	Mauritania	38	
Greece	32	Mauritius	16	
Greenland	32	Mawson, Antarctica	12	
Grenada	16	Melilla	38	
Guadeloupe	38	Mexico	38	
Guam	20	Midway Island	20	
Guatemala	38	Monaco	38	
Guiana, French	42	Mongolia	42	
Guinea	42	Montserrat	16	
Guinea – Bissau	42	Morocco	32	
Guyana	16	Mozambique	38	
Haiti	38	Muscat and Oman	38	
Hawaii	20	Nauru	16	
Honduras Republic	38	Nepal	16	
Hong Kong	16	Netherlands	20	
Hungary	32	Netherlands Antilles	38	
Iceland	32	New Caledonia	22	
Ifni	32	New Hebrides	22	
India	16	New Zealand	10	
Indonesia	26	Nicaragua	38	
Iran	42	Niger	38	
Iraq	42	Nigeria	16	
Ireland, Republic of	16	Niue	10	
Israel	24	Norfolk Island	10	
Italy	26	Norway	26	
Ivory Coast	42	Ogasawara Islands	20	
Jamaica	16	Okinawa	38	
Japan	42	Oman	38	
Jordan	24	Pakistan	32	
Kenya	16	Panama, Canal Zone	38	
Khmer Republic	42	Panama Republic	38	
Korea, North	42	South – West Africa	24	
Korea, South	42	Spain	26	
Papua New Guinea	16	Ships at sea	16	
Paraguay	42	Spanish Sahara	32	
Persian Gulf States	38	Spanish Territories in North Africa	32	
Peru	42	Sri Lanka	16	
Philippines	32	Sudan	32	
Pitcairn Island	32			
Poland	16			
Portugal	26	Surinam	42	
Potuguese Timor	32	Svalbard	26	
Portugese West Africa	38	Swaziland	24	
Principe and St. Thome	38	Sweden	26	
Purto Rico	20	Switzerland	26	
Qatar	38	Syria	38	
Ras Al Khaimah	38	Taiwan	42	
Reunion	38	Tanzania	16	
Rhodesia	16	Thailand	32	
Rodriquez	16	Tobago	16	
Rumania	32	Togo	42	
Rwanda	38	Tokelau Islands	6	
Ryukyu Islands	42	Tonga (Friendly Islands)	14	
Saba	38	Tortola	16	
St. Croix	20	Trinidad and Tobago	16	
St. Eustatius	38	Tristan de Cunha	16	
St. Helena	16	Tunisia	32	
St. Kitts	16	Turkey	32	
St. Lucia	16	Turks Island	16	
St. Maarten	38	Tuvalu	16	
St. Martin	38	Uganda	16	
St. Pierre and Miquelon	26	Umm El Qaiwan	38	
St. Thomas	20	United States of America	20	
St. Thome	38	Upper Volta	38	
St. Vincent	16	Uruguay	42	
Saipan	20	U.S.S.R.	39	
Samoa, American	8	Vatican City	26	
Saudi Arabia	38	Venezuela	42	
Senegal	38	Vietnam	42	
Seychelles	16	Virgin Islands, British	16	
Shackleton Base, Antarctica	16	Virgin Islands of the U.S.A.	20	
Sharjah	38	Wake Island	20	
Sicily	26	Wallis & Futuna Islands	22	
Sierra Leone	16	Windward Islands	16	
Singapore	16	Yemen, Arab Rep.	38	
Society Islands	22	Yemen, Peoples Dem. Rep.	38	
Solomon Islands	16	Yugoslavia	32	
Somalia	38	Zaire	38	
Somaliland, French	38	Zambia	16	
South Africa	24			
South Georgia	16			

2. Urgent telegrams - The rate for an urgent telegram is double the rate payable for an ordinary telegram.

3. Letter telegrams - The rate for a letter telegram (LT) is one - half the rate payable for an ordinary telegram, subject to a minimum charge as for 22 words including the instruction "LT".

4. Greetings letter telegrams - The rate for a greetings letter telegram (GLT) is one - half the rate payable for an ordinary telegram, subject to a minimum charge as for 11 words including the instruction "GLT".

NOTE: Many countries no longer provide LT or GLT service and those countries still providing the service may deliver the telegram by mail to the addressee.

5. Press telegrams - The rate for a press telegram is as follows, subject to a minimum charge as for 14 words -

Rate per word:

(1) Ordinary press telegram:

(a) New Zealand ………………………………………………………….. 3 sene

(b) All other Commonwealth countries and the Republic of Ireland …….. 5 sene

(c) All other countries ……….................one - third of the ordinary telegram rate.

(2) Urgent press telegrams

(a) New Zealand ……………………………………………………………5 sene

(b) All other Commonwealth countries and the Republic of Ireland ……….one - half of the ordinary telegram rate.

(c) All other countries …………………………………………………. Ordinary rates.

DATED at Apia this 31st day of August 1977.

ASI EIKENI
MINISTER FOR COMMUNICATIONS AND TRANSPORT

_____________

THE POST OFFICE TELEPHONE REGULATIONS 1977

HIS HIGHNESS, MALIETOA TANUMAFILI II, HEAD OF STATE
At the Government House at Apia this 24th day of October 1977

PURSUANT to the Post Office Act 1972, the Head of State, acting on the advice of Cabinet, hereby makes the following regulations:

ANALYSIS

PART I
Preliminary

1. Title and commencement
2. Interpretation
3. Possession
4. Control and management

PART II
Telephone Exchange Services

5. Telephone service subject to regulations
6. Applications for telephone service
7. Minister's discretion
8. Service connection and transfer fees
9. Contract for hire
10. Charges payable by subscribers
11. Business stations
12. Residential station used for business purposes
13. Residential rates in certain cases
14. Poles on private property
15. Supply of telephone directories and services
16. Telephone numbers
17. Provisions of party-line service
18. Regrouping of subscribers on party lines
19. Duration of conversation on party lines
20. Subscriber making extensive use of party lines
21. Adjustment of rentals when number of subscribers on party line alters
22. Classes of exchanges
23. Foreign exchange service
24. Rental periods
25. Discontinuance of service
26. Defaulting subscriber not to be furnished with telephone service
27. Discontinuance of service obtained by defaulting subscriber
28. Restoration of service
29. Refund of rental for discontinued service
30. Remission of charges
31. Director may require security
32. Free entry in telephone directory
33. Listing as agent
34. Extra entries
35. Effective date for extra entries
36. Irregular extra entries
37. Approval of free entries
38. Unofficial lists of subscribers
39. Supply of telephone equipment and interference by unauthorised person
40. Inspection of telephone equipment
41. Accommodation of telephone equipment
42. Liability of Minister
43. Subscriber's liability
44. Cleansing of telephones
45. Illegal and improper use of telephones
46. Transmission of musical items
47. Minister may discontinue telephone service
48. Post Office not liable for compensation for interruption of telephone service
49. Overloaded lines
50. Removal of telephone equipment
51. Subscribers' coin-box service
52. Temporary telephone service
53. Joint use of telephone
54. Removals
55. Subscriber moving without notification
56. Change of apparatus
57. Transfer of connection
58. Assumption of service by occupant
59. Subscriber may not sell his telephone service
60. Hours of attendance at telephone exchanges
61. Night switching at exchanges with restricted attendance
62. Charges for calls from night-switched subscribers

PART III
Auxiliary Services and Miscellaneous Equipment

63. Application for intercommunication services
64. Intercommunicating extensions to other premises
65. Charge for changing or replacing intercommunicating system
66. Equipment
67. Miscellaneous equipment
68. Meaning of terms "same premise"
69. Restriction on extension stations
70. Provision of special equipment

PART IV
Leased Direct Circuits

71. Leased direct circuits may be provided
72. Connection and termination arrangements
73. Additional circuit charges in certain cases
74. Circuits traversing private property
75. Minimum period of lease
76. Temporary lease
77. Alterations to leased direct circuits
78. Restriction on use of leased direct circuits
79. Regulations to apply to leased direct circuits
80. Minister may disconnect leased direct circuits
81. Provision of special circuits and equipment 

PART V
Privately-owned Telephone Lines

82. Licence for privately-owned telephone lines
83. Minister may revoke licence
84. Notice of revocation
85. Removal of privately-owned lines
86. Penalty for breach of licence
87. Special conditions relating to grant of licence

Privately-Owned Telephone Lines Connected
With Telephone Exchange System

88. Connection with telephone exchange system
89. Conditions of installation and repair of equipment
90. Inspection, overhaul, and repair of lines
91. Only authorised persons may connect lines
92. Application of regulations
93. Discontinuance of service

PART VI
Public Call Stations

94. Interpretation
95. Charge for calls
96. No refund for faulty calls

PART VII
Call Charges and Services

97. Director to determine which calls are local calls
98. Inland call charges
99. International call charges
100. Calls from subscribers' coin-box station
101. Classes of toll calls
102. Station-to-station calls
103. Person-to-person calls
104. Charge for completed person to person call
105. Uncompleted person-to-person call
106. Collect toll calls
107. Collect international calls
108. Transferred charge calls
109. Advice for duration and charge
110. Additional particulars of calls
111. Telegrams
112. Time limit on toll calls

PART VIII
Miscellaneous

113. Charges
114. General penalty
115. Revocation

Schedules

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REGULATIONS

PART I
Preliminary

1. Title and commencement - (1) These regulations maybe cited as the Post Office Telephone Regulations 1977.

(2) These regulations shall come into force on the 28th day of October 1977.

These regulations were notified in the Western Samoa Gazette on 19 December 1977.
As to exemptions, see s. 6 (h) of the Head of State Act 1965 and s. 11 (g) of the Potlatch Act 1967.

2. Interpretation - In these regulations, unless the context otherwise requires, - 

"Contract" means an agreement which is executed when application is made for telephone service;

"Department" means the Post Office and includes the Minister, the Director, and any officer of the Department acting in the premises;

"Director" means the Director of Post Office;

"Exchange" or "telephone exchange" means switching equipment and apparatus which forms part of the public telephone system provided by the Department and is operated by the Department for the purpose of affording telephonic communication through the medium of that system, and where the context so requires includes the building, vehicle, or other external covering which houses such equipment and apparatus;

"Extension station" means a subsidiary station normally having access to the exchange, with or without the intervention of the main station;

"Government" means the Government of Western Samoa;

"Individual line" means a subscriber's line connecting one subscriber's station with a telephone exchange;

"Inland call" means a call made from a station within Western Samoa to another station within Western Samoa, wholly or partly by means of the Post Office system;

"International call" means a call made between a station within Western Samoa and a station outside Western Samoa or a ship or aircraft, wholly or partly by means of the Post Office system;

"Leased direct circuit" means a Post Office circuit provided for the exclusive use of a lessee and enabling communication between separate premises without the intervention of Post Office switching changes of the telephone or other services;

"Local call" means a call made to a station which is served by:

(a) The same telephone exchange as the station from which the call is made; or

(b) Any other telephone exchange which the Director may from time to time determine;

"Local exchange", in relation to a call, means the telephone exchange serving the main station or extension station from which the call is made;

"Main station" means the subscriber's main telephone apparatus on which incoming calls are normally received;

"Minister" means the Minister of Communications and Transport; and includes any officer or other person acting under his authority or by his direction;

"Party line" means a line connecting 2 or more subscribers' stations with a telephone exchange in the case of a manual exchange and includes a line shared by 2 subscribers in the case of an automatic exchange;

"Prescribed charge" means the charge stated in the First Schedule to these regulations for the service referred to in that Schedule;

"Privately-owned telephone line" means a line used for telephonic or other approved means of communication, but not provided or erected by the Department and for which a licence is required under section 146 of the Post Office Act 1972;

"Rental" means the amount which the Minister charges for the use of the telephone equipment which forms part of a telephone exchange connection;

"Rental period" means any period for the time being specified under regulation 24 hereof as the period for which rental shall be paid;

"Subscriber" means the person who is recognised by the Minister as the lessee of a telephone exchange connection;

"The Act" means the Post Office Act 1972;

"Toll call" means any call to which regulation 98 applies other than a local call.

"Local exchange": As to distant public call stations, see regulation 97.
For a definition of the term "public call station", see regulation 94.

3. Possession - Notwithstanding any other provision of these regulations or the provisions of any contract or other instrument, a subscriber shall not be entitled or deemed to be in possession of any fine as defined in the Act, telephone instrument, apparatus or equipment, except such as is for the time being within the buildings of the subscriber's premises and all other lines, apparatus or equipment shall be deemed to remain in the possession of the Government but to be the subject of a right in the subscriber to have the use and benefit of the same to the extent and in the manner provided by the contract and by these regulations, and not further or otherwise.

4. Control and management - The control and management of all lines, instruments, apparatus and equipment which are the subject of any contract under these regulations shall be deemed at all times to remain with the Minister irrespective of any right to the possession thereof.

PART II
Telephone Exchange Services

5. Telephone service subject to regulations - All telephone services furnished by the Department shall be subject to these regulations and to all amendments and extensions thereof and substituted regulations at any time in force, and it shall be a condition implied in every contract for telephone services heretofore or hereafter made by the Department that the contract shall be so subject.

6. Applications for telephone service - Applications for telephone exchange service shall be made in writing on the form of application and contract supplied in that behalf by the Director. Any application made on behalf of a partnership or a company shall be signed by one of the partners or by an authorised officer of the company respectively. Where special services are sought, the application shall be made in writing on the form provided for the purpose, or in any other way acceptable to the Director.

7. Minister's discretion - (1) Notwithstanding any other provision of these regulations or the provision of any contract the Minister may, at his discretion, - 

(a) Refuse an application for connection with any telephone exchange, or for the transfer of any existing telephone service, or for the construction of any telephone line;

(b) Instead of refusing absolutely any application, accede thereto only upon such conditions as to security, nature of service (including the type of apparatus or equipment) to be afforded, special minimum period of contract, or other conditions as he may think fit;

(c) Discontinue giving service to any subscriber or at any exchange if in his opinion the continued provision of such service is burdensome to the Department;

(d) Disconnect a subscriber's telephone from one exchange and connect it with another exchange should he consider any such action desirable;

(e) Change any service by means of an individual line to service by means of a party line or change any service by means of a party line to service by means of an individual line.

(2) Where the circumstances are such that the Minister considers that any special terms or conditions should apply for the prevention of injury to persons or for the protection of any instrument, equipment or apparatus of the Department, or in order to restrict the use thereof to the purposes for which it was designed, the Minister may from time to time determine such terms or conditions and notify the subscriber of those terms or conditions either in the relative application form or by other notice in writing, and such terms or conditions shall apply in relation to the telephone service provided under these regulations.

8. Service connection and transfer fees - (1) A service connection fee shall be payable in respect of the installation, connection for use, or provision of each of the items of equipment or apparatus specified in the First Schedule.

(2) A transfer fee, as prescribed in the First Schedule hereto shall be payable where an exchange connection and the associated exchange line and apparatus already exist and are taken over from the previous subscriber, without a change of the telephone number, and without any alteration to or the removal of any telephone apparatus.

(3) Any fee required by this regulation shall be an initial charge only, and shall be payable at the time of application for service.

(4) The Minister may, in special circumstances, waive or reduce any fee required by this regulation.

9. Contract for hire - Telephone service shall be subject to the annual rates and other charges appropriate to the classes of service provided as prescribed in the First Schedule hereto; and every service commenced shall be for such minimum period as the Department may determine at the time of application, and shall be continued thereafter until the subscriber gives notice in writing that the service is to be discontinued or until the Department discontinues the service. Every contract for the hire of instruments shall be deemed to be for the minimum period referred to in the application and thereafter until the discontinuance of the service as aforesaid, subject to the rights of the Department to discontinue the service, notwithstanding that the minimum period may not have expired.

10. Charges payable by subscribers - (1) Subject to the provisions of these regulations, all charges in respect of calls made from a station, and in respect of services and facilities rendered at the request or with the authority of the subscriber or persons using a station, and all other charges and sums payable by a subscriber under these regulations or under an agreement, shall be payable on demand by the person who is the subscriber in respect of the station.

(2) Any rental payable under these regulations or under an agreement in respect of a station or of each component part thereof shall commence on the date when the station or component part is connected for use.

(3) Any rental payable under these regulations or under an agreement shall be payable at such intervals and on such dates (whether in advance or in arrear, or, partly in advance and partly in arrear) as the Department may from time to time decide either in relation to the station for which the rental is payable or generally, and shall be payable by the person who is the subscriber in respect of that station.

(4) The charges for calls of any class, or any combination of classes, may be aggregated (in the case of calls which are obtained without the assistance of an operator by adding together the charge units recorded by the Department in relation to calls from the station) in respect of any period for which an account for calls is rendered to a subscriber and the aggregate amount or amounts may be included and charged as a single item or items in the account.

11. Business stations - For the purpose of the assessment of charges, a subscriber's station shall be deemed to be a business station - 

(a) If it is installed in premises that are used as a warehouse, shop, office, boarding house, or otherwise wholly or in part for business purposes, including a private residence so used;

(b) If it is listed in the telephone directory at the request of the subscriber otherwise than as residential premises;

(c) If the number allotted to the station is used in business listings, advertisements, or communications, other than an "after-hours" number, and without the inclusion of the subscriber's business telephone number;

(d) If in any other way it bears prima facie evidence of being used for business purposes or, in the opinion of the Minister, is so used.

12. Residential station used for business purposes - Whenever in the opinion of the Minister a station assessed as a residential station is used for a business, the Minister may require payment at the rate prescribed for a business station from the date when in his opinion it was first so used.

13. Residential rates in certain cases - (1) Telephone service at the rate for a residential station may be charged in respect of telephone service afforded to - 

(a) A public school;

(b) A public hospital.

(2) Subject to the Director's approval in each case, which may at any time be withdrawn, the rate for a residential station may also be charged in respect of telephone service afforded to institutions, associations, or organisations of a purely social, welfare, benevolent, or charitable nature, or in any other case in which the Director may decide.

14. Poles on private property - All poles in excess of one on private roads or private property shall be supplied, erected, and renewed whenever in the opinion of the Department renewal is advisable, at the cost of the subscriber or subscribers concerned, except that no charge shall be made in this respect - 

(a) When the pole line forms part of a route to be used in serving other subscribers;

(b) When the pole line is used for other purposes of the Department;

(c) When there is in the opinion of the Department an alternative route by public road; or

(d) In exceptional cases where the Director so directs.

15. Supply of telephone directories and services - For the annual rental charges prescribed for telephone exchange stations the Department will supply one copy of the telephone directory for each telephone, and provide and maintain all necessary exchange equipment, subscriber's lines, and one telephone per station.

16. Telephone numbers - No subscriber shall have any right to or interest in any particular number, and the Director may alter or change any number at his discretion.

17. Provision of party line service - Party line service shall be provided to the extent that the equipment available in the telephone exchange permits and then only when the subscribers desiring to be connected with the same line can in the opinion of the Department conveniently be served from the same point of distribution.

18. Regrouping of subscribers on party lines - The Director may regroup the subscribers on party lines and may make additional connections to party lines without the consent of the existing subscribers.

19. Duration of conversation on party lines - A conversation over any party line shall not exceed 6 minutes in duration if the line is required by any other person.

20. Subscriber making extensive use of party lines - When in the opinion of the Minister the number of calls originated or received by any subscriber connected with a party line precludes a reasonable use of the line by the other parties, the Minister may require the subscriber either to rent an individual line or to be transferred to a line with which there will be a lesser number of parties connected.

21. Adjustment of rentals when number of subscribers on party line alters -

(1) In the event of the number of subscribers' stations connected with a party line being reduced by the withdrawal of one or more of the subscribers, the amended rates prescribed in respect of the remaining stations shall take effect from the first day of the next rental period for which accounts are to be issued.

(2) In the event of the number of subscribers' stations connected with a party line increased, the new or additional subscribers shall pay rental from the date of their connection at the rates prescribed for the amended number of stations connected with the line; and the original subscribers shall pay the prescribed rate as from the following day.

22. Classes of exchanges - (1) For the purpose of these regulations exchanges shall be classified as either automatic exchanges or manual exchanges.

(2) The Minister may in his discretion initially provide or at any time change the telephone service provided to any subscriber by means of either class of exchange.

23. Foreign exchange service - Where line, plant, exchange facilities, and technical considerations permit, the Director may at his discretion approve the provision of a main station or extension station to connect a subscriber with an exchange other than the one which would normally serve the subscriber. Any such service shall be deemed a special service and shall be subject to such conditions and charges as the Minister may in his discretion decide having regard to the cost of providing the circuits and equipment necessary for the successful operation of the service.

24. Rental periods - (1) For each exchange the Director shall specify a rental period.

(2) The same rental period may apply throughout Western Samoa or may apply only in respect of a specified exchange or exchanges, and any rental period shall commence on a date specified in that behalf by the Director.

(3) Any rental period may from time to time be varied by determination of the Director and in the event of any such variation any necessary adjustments in respect of amounts payable by subscribers may be made.

25. Discontinuance of service - If any subscriber fails for 7 days after written demand made upon him to pay any instalment of annual charges or any other charges due by him under these regulations, the Director may cause the telephone service to be discontinued.

26. Defaulting subscriber not to be furnished with telephone service - If a subscriber becomes a defaulter in respect of any charges due under the conditions of contract, or any other charges due under these regulations, he shall not be furnished with telephone service of any kind until he has discharged his liability to the Department.

27. Discontinuance of service obtained by defaulting subscriber - If the Director is satisfied that any service is being obtained either in his own or any other name by a person who is, in the opinion of the Director, a defaulter in connection with any telephone service furnished by the Department, the Minister may cause the telephone service to be discontinued.

28. Restoration of service - In the event of any subscriber's service being discontinued in accordance with regulation 25 hereof, the prescribed reconnection fee, in addition to all other amounts due, shall be payable by the subscriber before the service is restored. If the instruments at the subscriber's premises have been removed, or if any portion of the circuit has been dismantled, a request or application for restoring the circuit shall be treated as an application for a new connection.

29. Refund of rental for discontinued service - Should a subscriber discontinue the renting of a service during the currency of a period for which rental has been paid in advance, all charges due and unpaid at the time of the relinquishment shall be charged against the assessment for the unexpired period of rental paid in advance. A refund of any residual credit shall be granted if the amount is not less than 50 sene, but no refund shall be granted in respect of any portion of the minimum period originally provided for in the contract unless in the opinion of the Director it is practicable to use the line immediately for the purpose of providing service to another person.

30. Remission of charges - The Minister may remit in whole or in part any charge or sum payable or paid under these regulations.

31. Director may require security - The Director may, from time to time, either before or after providing a station under these regulations or before or after making an agreement, require the payment of a deposit of such amount as he thinks necessary by way of security for the payment of the rental or other charges payable or to become payable by the subscriber, and the subscriber shall pay such deposit within such time as the Director may direct. The Director may retain such deposit so long as the station continues to be provided for the subscriber.

32. Free entry in telephone directory - For each subscriber's main station one free entry will be published in the alphabetical section of the telephone directory and in addition a business subscriber may insert one free entry in the classified section. Entries are to consist of the name or firm name of the subscriber or his nominee, his address, and telephone number and a business subscriber may show his business in the alphabetical section when the title is not sufficiently distinctive. Unless arrangements are made for an extended entry, the foregoing particulars may be abbreviated or curtailed so as to be contained in a single line of print. In the case of any business station in which the name or firm name of the subscriber or nominee is deemed by the Department sufficiently distinctive, any further description of the business necessitating an additional line of print shall be inserted only on payment of the fee prescribed for an extra entry.

33. Listing as agent - An agent desiring the insertion of the name of the firm or firms he represents must furnish satisfactory evidence that he is a bona fide agent of any such firm or firms.

34. Extra entries - Except as provided in regulation 36 hereof, and on payment of the prescribed fee, there may be inserted in a telephone directory such extra or extended entries as the Director may in his discretion approve.

35. Effective date for extra entries - The insertion of any entry in addition to the free entry permitted under regulation 32 hereof shall, for the purposes of regulation 9 and 48 hereof, be deemed to be an additional service afforded on the date of publication of the first issue of the directory in which it appears and, unless the connection be sooner discontinued, continuing until the date of publication of the first issue in which it is feasible to comply with directions for countermanding it.

36. Irregular extra entries - An irregular combination or arrangement of the legal name of a corporation, partnership, or individual shall not be permitted as an extra entry nor shall any phraseology be allowed to designate the trade or business of the subscriber for the purpose of securing a position out of its regular order in the alphabetical list published in the directory if in the opinion of the Director any such irregular combination, arrangement, phraseology is inimical to the interests of another subscriber, or in a case where an extra entry has already appeared, has in his opinion become so inimical.

37. Approval of free entries - Notwithstanding the provisions of these regulations as regards the payment of a fee for the insertion of an extra or extended entry, the Director may approve the insertion of any additional entry without charge, which in his opinion will assist the user of the directory to locate a subscriber's telephone number.

38. Unofficial lists of subscribers - (1) Except with the authority of the Minister no person shall publish any list of subscribers to the telephone with the appropriate telephone numbers.

(2) Any person who commits a breach of this regulation shall be liable on conviction to a fine not exceeding $100.

39. Supply of telephone equipment and interference by unauthorised person - All lines as defined in the Act, telephone instruments, equipment, and fittings in connection with the telephone exchange system, except where otherwise provided by these regulations, shall be supplied and erected by the Department, and, except with the authority of the Department, no person other than an employee of the Department provided with proper means of identification shall interfere with or make any additions or alterations to any such line, instrument, equipment, or fitting under the Department's control. In the event of any such interference by any unauthorised person, the subscriber concerned shall be liable to have his service discontinued without prejudice to any other liability that may be incurred.

40. Inspection of telephone equipment - Employees of the Department provided with proper means of identification shall at all reasonable times have free access to the premises of any subscriber for the purpose of inspection, removal, or replacement of the Department's apparatus therein.

41. Accommodation of telephone equipment - A subscriber shall not place, use or introduce in any manner or position in relation to the Department's telephone apparatus installed in his premises, any article or substance which may, in the Department's opinion, have a harmful effect on the apparatus or its operation, nor shall he permit or suffer any other person to do so, and the subscriber shall comply with any special requirements notified by the Department concerning the provision of accommodation and the control of environmental conditions in relation to that apparatus. On breach of this regulation, the Minister may cause the telephone service to be discontinued, without prejudice to any other liability that may be incurred.

42. Liability of Minister - The Minister shall take all reasonable precautions to prevent damage or injury to subscribers or their premises from fire or other cause by reason of the installation of telephone apparatus, but he shall not be liable for any damage or injury that may arise from the failure of any such precautions.

43. Subscriber's liability - (1) In the event of any instrument, battery, or equipment on the premises of a subscriber being lost, wholly destroyed, or partially damaged through any means whatever (other than fair wear and tear), the subscriber shall pay to the Department, on demand, the cost to the Department of replacing or repairing the instrument, battery, or equipment, except that no charge shall be made in respect of any instrument, battery, or equipment accidentally destroyed or damaged by fire, flood, earthquake, or other inevitable catastrophe.

(2) This regulation shall apply notwithstanding that there has been no negligence on the part of the subscriber or any person for whom he is responsible, and notwithstanding that the loss, destruction, or damage may have arisen from some cause not due to the act or default of the subscriber.

44. Cleansing of telephones - Any person who, not being the subscriber or an employee of the subscriber, cleanses, without the written permission of the Department, the mouthpiece or earpiece of any telephone the property of the Department, for fee or reward, shall be guilty of an offence against these regulations.

45. Illegal and improper use of telephones - (1) No person shall damage or destroy or interfere with any line as defined in the Act, telephone instrument, apparatus, or equipment being the property of the Government, whether supplied under this Part or under any other Part of these regulations or otherwise and whether or not in the possession or control of that person, or cause or suffer the same to be damaged or destroyed or interfered with, or put the same or cause or suffer the same to be put to any improper use.

(2) For the purposes of this regulation, interference includes the removal from its regular place of any instrument, apparatus, or equipment unless supplied as intended to be portable, and also includes the removal or detachment of a part of any instrument, apparatus, or equipment unless supplied as intended to be detachable at the discretion of the user, and also includes the adjustment, maintenance, repair and modification of any instrument, apparatus, or equipment, and the incorporation therein or connection therewith or addition thereto of any additional or other instrument, apparatus, or equipment.

46. Transmission of musical items - No person shall without the authority of the Minister use any telephone instrument or cause or suffer the same to be used for the purpose of transmitting musical items, whether they be derived from direct vocal or instrumental performance or from radio broadcast transmission or, from mechanically operated musical instruments or reproducing instruments or otherwise.

47. Minister may discontinue telephone service - The Minister may in his discretion cause the telephone service of any subscriber to be discontinued - 

(a) If any person is convicted of a breach of section 111 or 113 of the Act or of regulation 45 or 46 hereof involving the use of a telephone instrument belonging to the Department;

(b) If in the opinion of the Minister a telephone instrument belonging to the Department has been used in a manner contrary to section 111 or section 113 of the Act or regulation 45 or 46 hereof;

(c) If in the opinion of the Minister a place of business or house or other premises where a telephone instrument belonging to the Department is situate is used for any illegal, immoral, or improper purpose.

48. Post Office not liable for compensation for interruption of telephone service - The Minister or any officer of the Department shall not be liable for any action, claim, or demand for compensation for interruption of telephone service arising from any cause whatsoever; except that when a subscriber moves from one part of Western Samoa to another, where telephone service is available, and the Department is unable to provide him with telephone service within 7 days, an allowance shall be made of the amount of the rental corresponding to the number of days during which the subscriber is deprived of telephone service.

49. Overloaded lines - With a view to reducing the number of ineffective calls due to overloaded lines the Minister may require any subscriber on whose line or lines the number of such calls exceeds 25 percent of the number of effective incoming calls to rent an additional circuit, in default of which telephone service may be discontinued.

50. Removal of telephone equipment - (1) Wherever telephone service is discontinued pursuant to any of these regulations, it shall be lawful for employees of the Department provided with proper means of identification to enter the premises in which are installed any wires, instruments, apparatus, or equipment of the Department and to remove the same from the premises without prejudice to the subscriber's liability for any unpaid rental or other charges due and owing or accruing under these regulations, and no liability or claim for damages on the part of any person shall lie against the Government or the Minister or any officer or employee of the Department, whether by reason of the discontinuance notice, entry, or removal, or on any ground.

(2) Any person who, without lawful justification, refuses to deliver to any employee of the Department any wires, instruments, apparatus, or equipment of the Department to the possession of which he is not for the time being entitled, commits an offence against these regulations without prejudice to any other liability that may be incurred.

51. Subscribers' coin-box service - Telephone exchange stations with coin-boxes for receiving charges for calls may be provided in the premises of such subscribers as the Director may from time to time determine at the rate prescribed. Any such installation shall provide for local calls only, and charges for such calls shall be prepaid by the user at the prescribed rate by the insertion in the coin-box of coins of appropriate value. The provisions of regulation 52 hereof shall apply to temporary coin-box service.

52. Temporary telephone service - Where telephone service or an extension telephone are desired for a shorter term than the period determined under regulation 9 hereof, the temporary service or temporary extension telephone may be granted conditionally on the applicant agreeing in writing to pay the appropriate special rental charge prescribed in the First Schedule hereto.

53. Joint use of telephone - Any subscriber may, with the approval of the Director, and upon payment of the prescribed fee obtain the right to allow the use of his telephone instrument to any person occupying an office in the same building, or occupying the same private residence, within which the telephone instrument is placed. In any such cases the subscriber shall sign a contract and be responsible for all service charges and toll charges, but may charge to the person or persons having the joint use of the telephone any portion of the said charges. The fee applicable to joint use entitles each of the joint users to the insertion of his name in the telephone directory. If any extension telephones are involved the charges for those instruments shall be determined by the Director.

54. Removals - Subject to the approval of the Department, subscribers may have their telephones and apparatus removed to other premises, or the position of their telephones and apparatus altered, upon giving sufficient notice in writing and paying the fees prescribed in the First Schedule hereto.

55. Subscriber moving without notification - In the event of a subscriber removing from or giving up possession of the premises in which the telephone is situated without making arrangements approved of by the Director for the removal of the telephone or the discontinuance of the service, the Minister may cause the telephone service to be discontinued.

56. Change of apparatus - Subject to the approval of the Department, a subscriber may obtain a change of apparatus upon making application in writing, including an agreement to pay any additional rental involved, and upon payment of the installation charges prescribed in the First Schedule hereto.

57. Transfer of connection - A fee, as prescribed in the First Schedule hereto, shall be payable for the transfer of an existing exchange connection. The application for transfer shall be in writing signed by both parties to the transfer, and all outstanding charges, including call charges, shall be paid before the transfer is granted. Any rental held by the Department in respect of the period subsequent to the date of transfer shall be credited to the account of the transferee. The transfer of a telephone involving its removal shall be granted only in exceptional circumstances or where the transfer is to take place before the expiration of the minimum period provided for in the contract, and on payment of the usual removal charges.

58. Assumption of service by occupant - A person who has entered into the occupation of any premises having telephone service shall not be entitled to make use of the telephone until he has obtained a transfer, and if any such person makes use of the service before obtaining a transfer, he shall be deemed to have assumed the service, and (without prejudice to any liability of the subscriber or any right or power of the Department) shall be liable for all amounts owing in respect of the service at the time he entered into occupation of the premises, as well as amounts which become payable in respect of any use of the telephone after that time.

59. Subscriber may not sell his telephone service - (1) A subscriber shall not sell or offer for sale his telephone service; nor shall a subscriber accept a monetary offer or other valuable consideration for the transfer of his telephone.

(2) If in the Minister's opinion any subscriber violates this regulation, or if any telephone connection is obtained by the violation of this regulation, the Minister may cause the telephone service in respect of which the offence is committed to be discontinued.

(3) Nothing in this regulation shall prevent the transfer of a telephone service to a new or existing subscriber, with the consent of the Department, upon or in connection with a bona fide change in the occupancy of the premises in which the service is installed.

60. Hours of attendance at telephone exchanges - The periods of attendance during which telephone service at an exchange shall be ordinarily available to subscribers shall be as the Director from time to time determines.

61. Night switching at exchanges with restricted attendance - At telephone exchanges that are not open continuously, and so long as the Department can conveniently make the necessary arrangements, a group of 2 or more lines may be joined together at the switchboard to permit intercommunication outside the ordinary hours of exchange attendance, but no responsibility shall be incurred by the Department for any failure to make the necessary connections. Where the demand exceeds the capacity available, the allocation of this service will be at the Director's discretion.

62. Charges for calls from night-switched subscribers - Any night-switched calls made by the subscriber or private line owners shall be subject to the fees prescribed for toll communications. For the purposes of computing the charge for calls, the distance shall be calculated from the exchange with which the subscriber or private line owner is ordinarily connected.

PART III
Auxiliary Services And Miscellaneous Equipment

63. Application for intercommunication services - Subject to the approval of the Department, and on snaking application in writing, a subscriber may, on payment of the prescribed charges, obtain telephones and switching facilities for intercommunication between different positions in the same premises. If special means have to be used, the subscriber shall pay the cost of the labour and incidental expenses involved, in addition to the prescribed service connection and installation charges.

64. Intercommunicating extensions to other premises - (1) The Minister may from time to time, in his discretion, authorise the installation of intercommunicating extension stations beyond the boundaries of the subscriber's premises, subject to the payment by the subscriber of the actual cost of installing the necessary apparatus, telephones, and wiring associated with those stations in addition to the prescribed annual rental charges payable by him:

Provided that, where a charge for the installation of any such station is prescribed in the First Schedule to these regulations, the subscriber shall pay that charge and not the actual cost of installation as aforesaid.

(2) If any circuit required to connect any such station with a station on the subscriber's premises cannot be provided by normal methods, the cost of the labour and incidental expenses involved in providing the circuit by other means shall also be payable by the subscriber.

65. Charge for changing or replacing intercommunicating system - Where any change of an intercommunicating system is required, or where a system is replaced by another system of larger capacity, the subscriber shall be charged the cost of the labour and incidental expenses involved in effecting the change, except where a charge is prescribed in the First Schedule to those regulations, in which case he shall pay that charge instead of the cost and expenses involved in the change.

66. Equipment - The equipment of a private branch exchange shall include a switchboard or switching apparatus of sufficient capacity to provide accommodation for all exchange lines and extension stations required by the subscriber, together with the necessary batteries, ringing devices, fittings, and one telephone or operator's set for each switchboard position. The cost of power for directly operating an intercommunicating system, or, alternatively, for charging and recharging any secondary batteries associated with any such system shall be payable by the subscriber, who shall also arrange with a private contractor for the provision of the wiring and power outlet socket for the a.c. supply.

67. Miscellaneous equipment - Extension telephones and other miscellaneous equipment required within the same building or upon the same premises as the main station shall be furnished and maintained by the Department upon payment of the prescribed installation and rental charges. If special means have to be used the subscriber shall pay the cost of the labour and incidental expenses involved, in addition to the prescribed installation charges.

68. Meaning of terms "same premises" and "subscriber's premises" - The terms "same premises" and "subscriber's premises" when used in regulations 63, 64 and 67 hereof, shall be deemed to include various buildings detached from one another but within the same boundaries as the main premises and forming part of the same establishment, but shall not cover separate dwellings on the same property.

69. Restriction on extension stations - An extension station shall not be installed in a subscriber's business premises if the main station with which it is associated is paid for as a residential station.

70. Provision of special equipment - Nothing in these regulations shall affect the power of the Government to enter into contracts for the provision of special equipment and wiring arrangements in cases not provided for by this Part of these regulations.

PART IV
Leased Direct Circuits

71. Leased direct circuits may be provided - (1) A Department circuit may be provided and maintained for and on behalf of a person, corporation, or unincorporated body for the purpose of direct communication between separate premises.

(2) For the lease of a standard two - way telephone circuit or a circuit of equivalent characteristics for the purpose of telephonic or other communications, annual fees shall be payable at the rates prescribed in the First Schedule hereto.

(3) For the lease of circuits other than those specified in subclause (2) of this regulation, the provisions of this Part of these regulations shall apply as far as practicable and with the necessary modifications:

Provided that the Minister may from time to time determine special annual fees and special conditions in respect of the lease of particular types of circuit for the use of certain forms of communication.

72. Connection and termination arrangements - (1) A leased direct circuit shall be deemed to include the lead - in arrangements as far as the point of connection to the inside wiring at each separate premises where the circuit is terminated or broken out.

(2) The telephone instruments or other apparatus connected to the circuit at the applicant's premises may be leased from and maintained by the Department and the costs of installation charged to the applicant, or, subject to the approval of the Director, some or all of those instruments and that apparatus may be supplied by the applicant and installed and maintained at his expense.

(3) If the subscriber with the consent of the Department connects with the leased circuit any equipment or apparatus provided otherwise than by the Department, the subscriber shall if required supply and maintain connection blocks of such description and in such positions as shall be approved by the Department. The subscriber shall supply facilities for testing and shall not notify the Department of a fault unless tests have indicated that it did not originate from the said equipment or apparatus. If after the subscriber has notified the Department of a fault it is found that the fault originated from the said equipment or apparatus the subscriber shall pay to the Department such charge as the Department may fix.

(4) The inside wiring connected to the circuit may be installed and maintained by the Department and the costs of installation charged to the applicant, or that wiring may be installed by the applicant and maintained at his expense.

73. Additional circuit charges in certain cases - (1) If a leased direct circuit or any portion thereof cannot be provided without addition or alteration to the Department's existing telecommunication facilities, the applicant shall be charged with the cost of any labour and incidental expenses involved in establishing additional facilities required solely or primarily to enable the circuit to be provided, or in altering existing facilities to accommodate the circuit, and also with such other initial costs associated therewith as, in the opinion of the Director, the circumstances may warrant.

(2) If a leased direct circuit is required having transmission characteristics or other features not provided by standard Department circuits, the applicant shall pay the cost of any labour and incidental expenses initially involved in making special arrangements for its installation and also such annual fees, over and above normal circuit rentals, as the Minister may from time to time determine.

74. Circuits traversing private property - Wherever any portion, including the lead - in, of a leased direct circuit lies within private property, any poles required shall be supplied, erected, and renewed at the cost of the applicant, and he shall be charged with the cost of the labour and incidental expenses involved in the installation and maintenance of any aerial lines or cabling.

75. Minimum period of lease - The lease of a circuit or apparatus shall be for a minimum period of 6 months and shall continue thereafter until the subscriber gives notice in writing that the lease is to be discontinued or until the Department discontinues the lease in accordance with these regulations:

Provided that the Director may in special circumstances set a minimum period of lease greater than 6 months.

76. Temporary lease - When the use of a leased direct circuit is required for a shorter term than the minimum period of lease specified in regulation 75 hereof, the service shall be granted conditionally on the applicant agreeing in writing to pay the special rental prescribed therefore together with the installation and dismantling costs, and the value of such material which is used in making the installation and which, in the opinion of the Department, is not afterwards conveniently usable.

77. Alterations to leased direct circuits - No additional instruments shall be installed or any alterations made to any leased direct circuit without the prior approval in writing of the Department.

78. Restriction on use of leased direct circuits - (1) Except as provided in subclause (2) of this regulation, the lessee of a leased direct circuit shall use the circuit for his own bona fide business only, and shall not, directly or indirectly, allow the circuit to be used for any purpose which might be construed as an attempt to deprive the Department of revenue.

(2) Upon application being made in writing on a form supplied for the purpose by the Director, the Minister may grant to the lessee of a leased direct circuit a licence to send and receive data for processing by computer on behalf of such other persons as may be specified therein.

(3) Each such licence shall be subject to the conditions specified therein.

(4) Where the lessee of a leased direct circuit has been licensed to send and receive data for processing by computer on behalf of other persons, he shall pay the annual fee payable for the circuit together plus a surcharge of 37.5 per cent of such fee.

79. Regulations to apply to leased direct circuits - The provisions of these regulations relating to mode of payment of charges, lessee's obligations, powers of the Department, and otherwise relating to the case of telephone exchange services shall, as far as applicable and with the necessary modifications, apply to leased direct circuits.

80. Minister may disconnect leased direct circuits - If any person fails to pay within 7 days after demand any rental or other charges due by him under regulations 71 to 78 hereof or commits a breach of regulation 77 or regulation 78 hereof or of any other provision of these regulations applicable to leased direct circuits, or if in the opinion of the Minister the Department circuits are required for a purpose deserving priority to their use as leased direct circuits, the Minister may cause the circuits to be disconnected from the apparatus of the lessee and any wires, instruments, and fittings of the Department on the premises of the lessee to be removed without prejudice to the liability of the lessee for any unpaid rental or other charges due, owing, or accruing under these regulations, and no liability or claim for damages on the part of any person shall lie against the Government or the Minister or any officer or employee of the Department, whether by reason of the disconnection, entry, or removal, or on any other ground.

81. Provision of special circuits and equipment - Nothing in these regulations shall affect the power of the Government to enter into contracts for the lease of special circuits, or for the provision of special equipment and wiring arrangements not provided for in this Part of these regulations.

PART V
Privately-owned Telephone Lines

82. Licence for privately-owned telephone lines - A licence for the erection, construction, establishment, and maintenance of any line to which section 146 of the Act applies shall be granted only in a case in which the Minister determines there are exceptional circumstances, and shall be in such form and for such period, and shall contain such terms, conditions, and restrictions as the Minister thinks fit.

83. Minister may revoke licence - It shall be lawful for the Minister, in his discretion, to revoke a licence on any of the following grounds: -

(a) If the licence has been obtained by fraud, misrepresentation, or concealment of any material information;

(b) If in the opinion of the Minister the existence of the line interferes with the construction or maintenance of a Department line, whether or not the Department line was in existence at the date of the grant of the licence;

(c) If in the opinion of the Minister the line is used for hire or profit or for any purpose that might be construed as an attempt to deprive the Government of revenue;

(d) If in the opinion of the Minister a place of business or house or other premises where a telephone instrument belonging to a privately-owned telephone line is situate is or are used for any illegal, immoral, or improper purpose;

(e) If in the opinion of the Minister there has been a failure to comply with any of the terms, conditions, or restrictions under which the licence was granted.

84. Notice of revocation - (1) Revocation of a licence may be effected by notice in writing signed by the Minister and served on the licensee either personally or by sending the same in a prepaid registered post letter addressed to the licensee at his usual or last known place of abode or residence.

(2) A notice served by post shall be sufficient notwithstanding that the licensee may be deceased and no legal personal representative of his estate may have been appointed, and shall be deemed to be served at the time when it would be delivered or available for delivery in the ordinary course of registered post.

(3) If a licence be granted to more persons than one, service of notice upon any one of them shall be deemed good service on all of them.

85. Removal of privately-owned lines - If the Minister is satisfied that any line has been erected or is maintained in breach of section 146 of the Act, or if the licence issued in respect of any line has been revoked, he may require the licensee to remove the line at his own cost, and may at any time authorise the Director to cause officers or employees of the Department to remove the line, and for that purpose at all reasonable times to enter upon any land on which it is necessary or convenient to enter to obtain access to the line, and the cost of any such removal shall be recoverable as a debt due to the Government from the licensee, and jointly and severally from more licensees than one.

86. Penalty for breach of licence - (1) Any licensee who fails to comply with the terms, requirements or conditions of a licence, shall be liable on conviction to a fine not exceeding $50.

(2) The liability imposed by subclause (1) of this regulation shall not be affected by any revocation of a licence or removal of a line.

(3) No proceedings or conviction under subclause (1) of this regulation or under section 146 of the Act shall affect the power of the Minister to revoke a licence or cause the removal of a line.

87. Special conditions relating to grant of licence - Neither the grant of a licence nor any action taken by the Minister or the Department or any other person in connection therewith shall-

(a) Affect the powers of the Minister to construct, place, and maintain lines of communication by telegraph and telephone in, on, along, over, or across or under any road, street, or other highway;

(b) Authorise any person to enter upon any land for the purpose of constructing or maintaining a private line without the consent of the owner or occupier of any such land or his authorised agent.

Privately-owned Telephone Lines Connected with Telephone Exchange System

88. Connection with telephone exchange system - Persons being in possession of a privately-owned telephone line in respect of which a licence is in force may, on application in writing on a form supplied for the purpose by the Director, and by connection at a point approved by the Director with the Department telephone exchange system, receive individual line service, or party-line service by paying the rates specified for those services as for a subscriber's station established at the point of connection.

89. Conditions of installation and repair of equipment - The equipment at the subscriber's premises shall be provided and installed on the same terms and conditions as apply to subscribers connected directly to a wholly Department line. For purposes of repair of the equipment the subscriber shall pay transport expenses and travelling time beyond the point of connection with the Department line.

90. Inspection, overhaul, and repair of lines - Service by way of inspection and overhaul of a privately-owned line, supply of material for repairs, and effecting of repairs shall be afforded at the Director's discretion according to stocks and facilities available and subject to such charges and conditions as the Director thinks fit to impose.

91. Only authorised persons may connect lines - The work of connecting the privately-owned telephone line to the Department system at the approved point shall be carried out only by an officer or employee of the Department or some person specially authorised by the Director in that behalf.

92. Application of regulations - Subject to the express provisions of this Part of these regulations, all the provisions of these regulations relating to mode of payment of charges, subscriber's obligations, transfer of the benefit of the contract, powers of the Department, and generally to telephone exchange services shall, as far as applicable and with the necessary modifications, apply in respect of private telephone lines connected with the Department telephone exchange system.

93. Discontinuance of service - Telephone exchange service may be discontinued in respect of any privately-owned telephone line the condition of maintenance or repair of which is inadequate to enable satisfactory communication to be afforded with subscribers to the Department telephone exchange system or with the holders of other privately-owned telephone lines.

PART VI
Public Call Stations

94. Interpretation - A "public call station" means a machine installed in a public place or elsewhere, other than a subscriber's coin-box station, by means of which -

(a) On payment in coin through slots in the station equipment; or

(b) On payment to an attendant, -

telephone communication may be had with other subscribers' stations.

95. Charge for calls - The charge for a call from a public call station shall be such sum as the Minister may determine, except where a charge is prescribed in the First Schedule hereto.

96. No refund for faulty calls - No person shall be entitled to a refund of a payment made for the use of a public call station if satisfactory communication is not obtained whether through non-compliance with instructions for payment or use of the instrument or defect of any instrument.

PART VII
Call Charges and Services

97. Director to determine which calls are local calls - (1) The Director shall determine in relation to each exchange which calls are to be regarded as local calls.

(2) When owing to the distance of a public call station from the exchange by which it is served the Director considers it inappropriate that the charges for calls made from or to the public call station should be determined by reference to that exchange, he may direct either that for the purposes of fixing call charges some other exchange shall be regarded as the exchange serving the public call station, or that the public call station itself shall be regarded as an exchange serving the station therein; and in such cases the expression "local exchange" (as defined in regulation 2 hereof) shall be construed accordingly.

98. Inland call charges - (1) All inland calls shall be either local calls or toll calls.

(2) The charges for local calls shall be the appropriate charges prescribed in the First Schedule hereto.

(3) The charges for toll calls shall be as follows:

(a) Where the toll call originates from a station connected to an automatic exchange and is dialled directly, the charge shall be at the appropriate rate prescribed in item 3 of Part VII in the First Schedule;

(b) Where the toll call originates from a station connected to a manual exchange or is connected by an exchange operator for any reason, the charge shall be at the appropriate rate prescribed in item 5 or item 6 of Part VII in the First Schedule.

99. International call charges - The Director shall from time to time determine the charges for any international call as defined in regulation 2.

100. Calls from subscribers' coin-box station - (1) In the case of calls made from a subscriber's coin-box station provided by the Department and services and facilities for which application is made by means of such a coin-box station, there shall be placed in the coin-collecting box on the said line in respect of every call, service or facility such sum as would be payable therefore if the same were made or applied for by a caller at a public call station.

(2) The sums so collected in the coin-collecting box shall be the property of the subscriber, who in respect of any period for which an account is rendered shall pay to the Department for the calls, services and facilities referred to in subclause (f) hereof an amount equivalent to the aggregate of the sums recorded during the said period by the Department as having been so collected less such rebate as the Minister may determine in relation to the charges payable for all or any of the said calls, services and facilities.

(3) The sum payable under this regulation by a coin-box station subscriber shall be in substitution for any charges which would otherwise be payable by him in respect of the said calls, services and facilities.

101. Classes of toll calls - (1) Toll calls are classed as either -

(a) Station-to-station calls; or

(b) Person-to-person calls.

(2) Unless the calling subscriber otherwise specifies, every toll call shall be treated as a station-to-station call.

102. Station-to-station calls - The conditions of a station-to-station call shall be as follows: -

(a) That the telephone subscriber's station called shall be specified either by the telephone number or by the name of the person, firm, or body under which the telephone is listed;

(b) That the call shall be regarded as effective when telephonic communication is established between the calling and the called subscribers' stations; and

(c) That for charging purposes the measurement of duration of the call shall commence at the moment telephonic communication is established between the calling and the called subscribers' stations, or, in cases in which a private branch exchange is involved, between the calling subscriber's station and the private branch exchange switchboard operator.

103. Person-to-person calls - The person speaking from the calling station may specify by name or designation the actual person with whom he wishes to speak, and also, if desired, an acceptable substitute. The call shall be regarded as effective when telephonic communication is established between the actual calling and called persons, and the chargeable duration of the call shall commence from the time those persons are brought into actual telephonic communication with each other.

104. Charge for completed person-to-person call - The charge for a completed person-to-person call shall be in accordance with the basic rates with an additional fee, to be known as a personal fee.

105. Uncompleted person-to-person call - In the following cases the appropriate person-to-person fee (to be known in the following circumstances as a report charge) shall be charged when a person-to-person call is not completed owing to - 

(a) The called person or an acceptable substitute not being available and the call being abandoned; or

(b) The caller cancelling the call after a report from the called exchange has been conveyed to him.

106. Collect toll calls - (1) The charge for a station-to-station or person-to-person toll call may, at the request of the caller and with the prior consent of the person answering on the called station, be debited to the called station.

(2) In the case of a completed collect person-to-person call, the collect and person-to-person charges prescribed in the First Schedule shall be payable. In the case of the wanted party not being available or the call being refused, only the report charge prescribed in the First Schedule shall be payable by the caller.

107. Collect international calls - (1) No call charge or other charge shall be payable for a collect international call made from Western Samoa where - 

(a) Collect call service is available in the country of the called station; and

(b) The consent to pay for the collect call of the person answering on the called station is obtained before the call is established; and

(c) The call is established.

(2) The Director shall determine such call charge and such service charge (if any) payable for a collect call to Western Samoa from a place outside Western Samoa or a ship or aircraft where - 

(a) Collect call service is available; and

(b) The consent to pay for the collect call of the person answering on the called station is obtained before the call is established; and

(c) The call is established.

108. Transferred charge calls - On payment of the prescribed additional fee the charge for a toll call may be debited to a station other than the one from which the call was made in such circumstances as the Director may determine. In the event of the subscriber whose account is debited with the cost of the call refusing to pay the charge, the call shall be debited to and paid for by the subscriber at whose station the call originated.

109. Advice of duration and charge - (1) The Department may supply by telephone particulars of the duration of, or the charge for, a call made with the assistance of the operator, or of both such duration and charge, at the request by telephone of any person using the installation from which the call was made or the called installation (in the case of a collect call), provided that the request is made at the time of the call or immediately after its conclusion.

(2) There shall be charged and paid for this service in respect of each call of which particulars are supplied, the charge specified in the First Schedule.

110. Additional particulars of calls - (1) Where the Department provides or has provided in or with a telephone account rendered to a subscriber a statement of the charges for individual calls made with the assistance of the operator from the subscriber's station, or for collect calls made to that station, the conditions of subclause (2) and subclause (3) of this regulation shall apply.

(2) The Department may, at the request of the subscriber, supply in such manner as it considers appropriate, either at the time the account is rendered or subsequently, additional particulars in relation to all or any of the calls or such matters as it thinks fit.

(3) The subscriber shall pay (except where the Department determines that no charge shall be payable) in respect of the supply of additional particulars such charge as the Department may fix either generally or in relation to the particular case, provided that the charge shall not exceed the maximum charge specified in Part VII of the First Schedule.

111. Telegrams - The Department may in its discretion accept for transmission telegrams of any class, whether prepaid or collect, dictated over a subscriber's telephone and the subscriber shall be liable for payment of all charges in connection with such telegrams in the same manner as for payment of charges for toll calls.

112. Time limit on toll calls - A person may be required to give up the use of a toll circuit after the lapse of 6 minutes if another person is waiting to use it.

PART VIII
Miscellaneous

113. Charges - The charges in respect of matters referred to in these regulations shall be the appropriate charges prescribed in the First Schedule hereto and the charges shall be payable in accordance with these regulations and the Said Schedule.

114. General penalty - Any person who commits a breach of these regulations for which no other penalty is herein provided shall be liable on conviction to a fine not exceeding $10.

115. Revocation - The regulations specified in the Second Schedule hereto are revoked.

_____________

SCHEDULES

FIRST SCHEDULE

PART I
Service Connection, Installation and Transfer Charges (Reg. 8)

1. For each direct exchange connection, whether an individual line or party line, automatic or manual, business or residential - 

(a) Where all internal and external exchange line wiring is already in place ……... $10.00

(b) In all other cases .............................................................................................. $20.00

2. For each extension station connection to a main station ……………………….......... $10.00

3. Installation charges for miscellaneous equipment:

(a) Extension bells .................................................................................................. $5.00

(b) Portable telephones for each jack point ........................................................... $5.00
For each telephone with plug .................................................................... $10.00

(c) Switching keys ................................................................................................ $2.00

(d) Push button and buzzer circuits ...................................................................... $5.00

Other equipment…………………….……Such charge as the Director may determine.

4. Transfer fees:

Where an exchange connection and the associated station already exist and are taken over from the previous subscriber, without change of telephone number, and without alteration or removal of telephone apparatus ................................................. $4.00
Where the telephone station is required in another position in the same room or in another room in the same premises, the appropriate removal fee as prescribed in Part VIII shall also be payable.

PART II
Intercommunication Services

1. For each direct exchange connection to a private automatic branch exchange (PABX), private manual branch exchange (PMBX), or switching telephone of any type except a key-set system (Reg. 63) -

(a) Where all internal and external exchange line wiring is already in place…...........................................................................................................$10.00

(b) In all other cases ...................................................................................... $20.00

2. For each additional direct exchange connection made at the same time as a connection in item 1 above (Reg. 63) ...................................................................................................... $10.00

3. For each extension station connected to a PABX or PMBX, key - phone system or switching telephone of any type on the premises of the subscriber (Reg. 67) ...………………… $10.00

4. Installation charges for PMBX system (Reg. 63) - 

(a) Cordless switchboards ..…...............................................................................$32.00

(b) Cord-type switchboards ...................................................................................$56.00

In addition to the above charge the connection fee in item 3 above is payable for each extension station installed.

5. Installation charges for PABX system (Reg. 63) - 

(a) Up to 16 - line system ….…………………………………………….….$120.00

(b) Up to 20 - line system .............................................................................. $160.00

(c) Up to 30 - line system ............................................................................... $192.00

(d) Up to 40 - line system ............................................................................... $240.00

(e) Up to 50 - line system ............................................................................... $280.00

(f) Up to 100 - line system ............................................................................. $320.00

(g) Up to 200 - line system ............................................................................. $600.00

In addition to the above charge the connection fee in item 3 above is payable for each extension station installed.

6. Charges for extension or replacement of PABX or PMBX systems (Reg. 65) ………..75% of the installation charge of the extension or replacement system plus $10.00 for each additional extension station installed.

7. Installation charge for key-set system (Reg. 63) …………….....$20.00 per extension telephone

PART III
Annual Rentals for Automatic Exchange Service (Reg. 9)

1. The following annual rental charge shall be payable for each connection to an exchange with call metering facilities, where the subscriber's premises are situated within an area of 5 miles in radius around the nearest exchange -

(a) Business subscriber ........................................................................ $60.00

(b) Business subscriber shared service (2 party) ................................. $54.00

(c) Residential subscriber .................................................................... $36.00

(d) Residential subscriber shared service (2 party) …………………... $30.00

(e) Coin-box telephone service ............................................................. $72.00

2. For each exchange connection where the subscriber's premises are situated beyond a 5 - mile radius to the nearest exchange, the rental prescribed in item 1 shall be increased for each quarter mile or part thereof beyond the 5 - mile radius by the amount shown …………….$4.00

PART IV
Annual Rental for Manual Exchange Service (Reg. 9)

1. The following annual rental charge shall be payable: -

For each connection to an exchange where the subscriber's premises are situated within an area of 2 miles in radius around the nearest exchange and there are at least 20 other subscribers connected to the exchange -

Business:
Individual line ................................................................................................ $40.00
2 party ............................................................................................................. $30.00
3 party ............................................................................................................. $28.00
4 party ............................................................................................................. $26.00

Residential:
Individual line ................................................................................................ $26.00
2 party ............................................................................................................. $22.00
3 party ............................................................................................................. $20.00
4 party ……………………………………………………………………….$18.00

2. For each connection to an exchange where the subscriber's premises are situated within an area of 2 miles in radius around the nearest exchange and there are not more than 19 other subscribers connected to the exchange:

Business:
Individual line ................................................................................................ $20.00
2 party ............................................................................................................. $15.00
3 party ............................................................................................................. $13.00
4 party ............................................................................................................. $11.00

Residential:
Individual line ................................................................................................ $13.00
2 party ............................................................................................................. $11.00
3 party ............................................................................................................. $10.00
4 party ............................................................................................................. $10.00

3. For each exchange connection where the subscriber's premises are situated beyond a 2-mile radius to the nearest exchange, the rental prescribed in item 1 or 2 shall be increased for each ¼ - mile or part thereof beyond the 2 - mile radius by the amount shown ..................... $4.00

PART V
Annual Rentals for Private Branch Exchanges and Telephone Extensions (Reg. 63)

1. Private Manual Branch Exchanges (PMBX):

(a) Cordless switchboards equipped for 3 exchange lines and 9 extensions ……$60.00

(b) Cordless switchboards equipped for 4 exchange lines and 16 extensions……$108.00

(c) Cord-type switchboards ....................................................................................$204.00

In addition to the above charge rental is payable for each exchange line and each extension telephone connected.

2. Private Automatic Branch Exchange (PABX):

16 - line system ………………………………………………………….….. $360.00
20 - line system ............................................................................................... $564.00
30 - line system ............................................................................................... $660.00
40 - line system ............................................................................................... $840.00
50 - line system ............................................................................................... $1, 200.00
100 - line system ............................................................................................. $2, 400.00
200 - line system ............................................................................................. $3, 000.00

In addition to the above charge rental is payable for each exchange line and each extension telephone connected.

3. For each extension connected to a PMBX or PABX when such extension is within the same premises as the PMBX or PABX ………………………………………………. $12.00

4. For each extension connected to a PMBX or PABX when such extension is not on the same premises but is within the same exchange area, the rental prescribed in item 3 shall be increased by each ¼ - mile or part thereof of line used by the amount shown .………….. $8.00

5. For each extension connected to a PMBX or PABX when such extension is not within the same exchange area ………………………… rate prescribed in Part VI for leased circuits

6. In addition to the rental payable for exchange lines, the charge for each extension connected to a key-set system ........................................................ $24.00

7. For extension telephones other than PBX extension (charge includes switching telephones or switch) -

(a) Within the same premises as the main telephone ……………………….$12.00

(b) Beyond the boundaries of the premises but within the same exchange area - the rental prescribed in (a) shall be increased for each ¼ - mile or part thereof by the amount shown …………………………………………..$8.00

8. For portable telephone equipped with plug ended cord for use in connection with jack equipment ………………………..……………$12.00

9. 	(a) For two jack points with bell and wiring for portable telephones, installed in same premises .................. $6.00

(b) For each additional jack point ................................................................... $3.00

10. For extension bells including 110 yards of wiring - 

(a) Ordinary ringing .................................................................................................. $3.00

(b) Loud ringing …………………………………………………………………….$6.00

11. Push-Button and Buzzer Circuits …………….………..……...........................................$6.00

12. For other extension and private branch exchange facilities and apparatus ….………….such charge as the Director may determine.

PART VI
Annual Rental for Leased Direct Circuits or Tie Lines (Reg. 70)

1. For a leased direct circuit, without connection to the public telephone system and within the same exchange area provided for the sole use of the lessee - 

(a) For the first ½ - mile of line used .......................................................... $24.00

(b) For each additional ¼ - mile or part thereof of line used ...…………….. $8.00

(c) For each telephone connected to the leased direct circuit ………………$12.00

(d) For any other equipment supplied by Post Office .................................... such amount as Director may determine

2. For a tie line connecting 2 private branch exchanges in the same exchange area …………………………………………………………$100.00 in addition to rate chargeable in 1(a) and 1(b) above.

3. For a leased circuit between 2 exchanges in Western Samoa - 

(a) Exchanges on the same island ................................................................... $1, 200.00

(b) Exchanges on different islands ................................................................. $2, 400.00

4. For a leased circuit between Apia exchange and an exchange in another country ………………………........................................................................ charge to be determined by the Director in accordance with CCITT recommendations.

PART VII
Call Charges

1. For each local call from a subscriber's station connected at an automatic exchange (Reg. 98) …..………………………........................................................................................................$0.04

2. For each local call from a public call station or a subscriber's coin-box station (Reg. 95 and Reg. 100) ……………..............................................................................................................$0.05

3. For each unit of time purchased for toll calls originating from a station connected to an automatic exchange and dialled directly (Reg. 98) ................................................................. $0.04

4. Time purchased for each unit fee prescribed in paragraph 3 above - 

(a) Upolu to Upolu, Manono or Apolima ……………………………………...90 seconds

(b) Upolu to Savai'i ............................................................................................45 seconds

(c) Savai'i to Savai'i, Manono or Apolima ...………….......................................90 seconds

(d) Savai'i to Upolu ...………………………......................................................45 seconds

(e) Manono or Apolima to Upolu or Savai'i ........................................................90 seconds

5. For a manually - assisted toll call from a subscriber in Upolu to subscriber in Upolu, Manono or Apolima or from a subscriber in Savai'i to a subscriber in Savai'i, Manono or Apolima or from a subscriber in, Manono or Apolima to a subscriber in Upolu or Savai'i, for each 3 minutes or part of 3 minutes (Reg. 98)……………………………………………………….............. $0.10

6. For a manually - assisted toll call from a subscriber in Upolu to a subscriber in Savai'i or from a subscriber in Savai'i to a subscriber in Upolu, for each 3 minutes or part thereof (Reg. 98) ...…….....……………….......................................................................................................$0.20

7. For a completed person-to-person call, the additional personal fee (Reg. 104) ….......$0.20

8. For an uncompleted person-to-person call; the report charge (Reg. 105) ……………$0.20

9. For international calls (Reg. 99) ………………………………………..such charges as from time to time determined by the Director in accordance with any agreement entered into by or on behalf of the Government.

10. Transfer charge fee for each call (Reg. 108) ..…………….………………………….$0.10

11. Advice of duration and charge, for each call (Reg. 109) ..…………………………….$0.10

12. Additional particulars of calls (Reg. 110) -

For each 10 calls or fraction thereof of which particulars are supplied at any one time ……………...$0.25

PART VIII
Miscellaneous Fees and Charges

1. For removal of telephone lines and equipment (Reg. 54) - 

(a) For removal of an exchange connection or an extension or a private branch exchange connection or an extension, including an associated telephone instrument - 

(i) To another position in the same room …………………….$10.00

(ii) To another room in the same premises …………………..$15.00

(iii) To other premises - 

(a) Where all internal and external exchange line wiring already exists .…………………………………………………………….$10.00

(b) In all other cases ……………………………..………...$20.00

(b) For removal of a private branch exchange or any other equipment not specified in (a) ………………………………………………………………... such amount as the Director may determine having regard to actual cost.

2. For change of apparatus at subscriber's request, when no other charge or increase in rental is payable and the equipment is in good working order (Reg. 56) -

(a) Telephone instrument or component .…………………………………….. $10.00

(b) Other equipment ..………………………………………………………… such amount as the Director may determine having regard to actual cost and residual value of replaced equipment.

3. Reconnection fee when service has been temporarily disconnected (Reg. 28) …………. $5.00

4. For each pole supplied by the Department in excess of one erected on private property when such pole is used only to provide service to the subscriber (Reg. 14) ……………...$50.00

5. Temporary telephone service (Reg. 52) -

(a) For connection to a ship alongside a wharf where an exchange line is available, or connection at a public place, where an exchange line is available; each day or part thereof ……………………………………….……$2.00 (minimum charge $20.00)

(b) For an exchange line and main station, the appropriate installation fee in item 1 of Part I payable together with the amount shown for each week or part thereof ………………………………$5.00 (minimum charge $10.00)

(c) For a temporary extension station, the installation fee in item 2, of Part I is payable together with the amount shown for each week or part thereof ...… $1.00 (minimum charge $3.00)

(d) For a broadcasting line -

(i) For a permanent line…………………………… the rate prescribed in Part VI for a leased direct circuit.

(ii) For a temporary line installed at the request of the Broadcasting Department…………………fee of $10.00 per day or part thereof plus such charge as the Director may determine having regard to actual cost and the residual value of any additional line provided.

(e) For any other temporary facilities ……………………such amount as the Director may determine.

6. Telephone Directory Entries - 

(a) Alphabetical Section:

(i) Main entry in heavy type: per line or part thereof …………………$2.00 per annum.

(ii) Extra entry in ordinary type: per line or part thereof ..................$1.00 per annum.

(iii) Extra entry in heavy type: per line or part thereof ………………..$2.00 per annum.

(b) Classified Section (Yellow Pages):

(i) Extra entry: for each line or part thereof …………………$1.00 per annum.

(ii) Advertising space (advertise to supply printing blocks) per column inch …………………………………………….$4.00 per annum.

Full page …..………………………………………………….$40.00 per annum.

Half page ..…………………………………………………… $20.00 per annum.

Inside and outside covers …………………………………….. By tender.

7. Extra copies of the Telephone Directory: per copy …………………$1.00 per copy.

8. Joint use of telephone: the following additional rental is payable (Reg. 53)…..$3.00 per annum.

9. Change of telephone number at subscriber's request ……………………..$10.00

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SECOND SCHEDULE
Reg. 115

Regulations Revoked

The Telephone Regulations 1954 (W.S.R. 1954/3).
The Telephone Regulations 1954, Amendment No. 1 (W.S.R. 1958/1).

MALIETOA TANUMAFILI II
Head of State

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THE POST OFFICE BOX RENTAL REGULATIONS 1978

HIS HIGHNESS, MALIETOA TANUMAFILI II, HEAD OF STATE
At the Government House at Apia this 11th day of December 1978

PURSUANT to the Post Office Act 1972, the Head of State, acting on the advice of Cabinet, hereby makes the following regulations.

ANALYSIS

1. Title and commencement
2. Post Office Box rents
3. Revocation

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

REGULATIONS

1. Title and commencement - These regulations may be cited as the Post Office Box Rental Regulations 1978 and shall come into force on the 1st day of January 1979.

2. Post Office Box rents - The following rents shall be paid per annum for the rental of Post Office boxes:

Small boxes ......................................................................................................$7.50
Large boxes .....................................................................................................$20.00

3. Revocation - The Post Office Box Rental Regulations 1972 are hereby revoked.

As to exemptions, see s. 6 (h) of the Head of State Act 1965, and s. 11 (g) of the Potlatch Act 1967.

MALIETOA TANUMAFILI II
Head of State

_________

THE POST OFFICE TELEGRAPH REGULATIONS 1978

HIS HIGHNESS, MALIETOA TANUMAFILI II, HEAD OF STATE
At the Government House at Apia this 23rd day of December 1978

PURSUANT to the Post Office Act 1972, the Head of State, acting on the advice of Cabinet, hereby makes the following regulations.

__________

ANALYSIS

PART I
Preliminary

1. Title
2. Interpretation.

PART II
Charges and Conditions for Inland Telegrams

3. Inland telegram charges
4. Radio broadcast telegrams
5. Correction of telegrams
6. Cancellation of telegrams

PART III
Charges and Conditions for International Telegrams and Radiotelegrams

7. International telegrams and radiotelegrams

PART IV
Miscellaneous

8. Transferred charge telegrams
9. Precedence of telegrams
10. Code addresses
11. Prohibitions
12. Inspection of original telegrams
13. Copy of telegrams
14. Disposal of unclaimed or undelivered telegrams
15. Period of preservation of telegrams
16. Refunds
17. Revocation
Schedule

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REGULATIONS

PART I
Preliminary

1. Title - These Regulations may be cited as the Post Office Telegraph Regulations 1978.

As to telegraphing of telex messages, see W.S.R. 1977/3/37 reprinted in this title.
As to exemptions, see s. 6 (h) of the Head of State Act 1965 and s. 11 (g) of the Potlatch Act 1967.

2. Interpretation - In these regulations, unless the context otherwise requires, -

"Department" means the Post Office:

"Director" means the Director of the Post Office:

"Exchange" means a telephone exchange operated by the Department:

"Government telegram" means an inland or an international telegram or a radiotelegram emanating from the Head of State or any member of the Council of Deputies; or from the Government of Western Samoa (which term shall include any Department or other Government agency); or from any Justice of the Supreme Court or the Court of Appeal of Western Samoa; or from a Minister of the Government of Western Samoa or from any authorised agent or officer of the aforesaid; and in the case of an international telegram or a radiotelegram, one emanating from any accredited representative of the Government of any country:

"Inland telegram" means a telegram lodged for transmission in Western Samoa for delivery in Western Samoa:

"International telegram" means a telegram lodged for transmission in Western Samoa for delivery outside Western Samoa:

"Minister" means the Minister of Communications and Transport, and includes any officer or any other person acting under his authority or by his direction:

"Radiotelegram" means a telegram originating in or intended for a mobile station transmitted, on all or part of its route, over the radiocommunication channels of a mobile service.

PART II
Charges and Conditions for Inland Telegrams

3. Inland telegram charges - The charges for inland telegrams shall be the charges prescribed for such telegrams in the Schedule hereto.

4. Radio broadcast telegrams - The charges for telegrams delivered by means of a public radio broadcast over station 2AP shall be the charges prescribed for inland telegrams in the Schedule hereto together with any additional charges as may be fixed by the Broadcasting Department.

5. Correction of telegrams - For the correction of the address of an inland telegram at the request of the sender, after transmission has begun, there shall be a charge for a correcting telegram at the inland telegram rate as prescribed in regulation 3 of these regulations.

6. Cancellation of telegrams - An inland telegram may be cancelled, whether before or after transmission has begun, only by means of a cancelling telegram, the charge for which shall be at the inland telegram rate as prescribed in regulation 3 of these regulations.

PART III
Charges and Conditions for International Telegrams and Radiotelegrams

7. International telegrams and radiotelegrams - (1) International telegrams are accepted subject to the terms of the International Telecommunication Convention and the relative regulations annexed thereto, which provide, inter alia, that the Telegraph Administrations involved accept no responsibility on account of their respective services.

(2) The charges for international telegrams and radiotelegrams shall be at such rates as may from time to time be fixed by the Minister by notice published in the Gazette.

See International Telegram Rates Notice 1977 (W.S.R. 1977/12) reprinted in this title, and notified in the Western Samoa Gazette on 16 September 1977.

PART IV
Miscellaneous

8. Transferred charge telegrams - The charges for a telegram lodged at a telegraph counter or accepted by telephone for onward transmission may be debited to the sender's telephone account.

9. Precedence of telegrams - (1) Telegrams relating to the safety of human life shall take precedence over all other telegrams.

(2) Government international telegrams for which the sender has requested transmission priority shall be transmitted in precedence of other urgent international telegrams.

(3) Other Government international telegrams for which the sender has not requested transmission priority shall be transmitted in precedence of ordinary international telegrams having the same handed in time.

(4) Government inland telegrams shall be transmitted in precedence of other inland telegrams of the same class and handed in time.

(5) Except as otherwise provided in these regulations, telegrams for which an additional fee has been paid to secure urgent transmission shall be transmitted in precedence to other telegrams.

10. Code addresses - The Director may authorise the registration of a telegraph code address for the receipt of inland, international or radiotelegrams upon payment of the fee prescribed in the Schedule hereto.

11. Prohibitions - (1) The transmission of telegrams of the following nature or character is hereby prohibited:

(a) Telegrams which are indecently or obscenely worded or which appear to contain matter of a treasonable, seditious, libellous, or grossly offensive character:

(b) Telegrams instigating or aiding the commission of any criminal offence or fraud:

(c) Telegrams consisting merely of the address - i.e., without text or signature:

(d) Telegrams addressed to initials without name or to a fictitious name, when the telegrams are addressed to a post office or a telegraph office to be called for.

(2) Whether or not a particular telegram comes within the scope of subclause (1) (a) of this regulation shall be decided by the Director.

(3) Whether or not a particular telegram comes within the scope of any of the paragraphs (b), (c) or (d) of subclause (1) of this regulation shall be decided by the officer for the time being in charge of the telegraph office of presentation.

(4) The provisions of this regulation shall apply to a telegram, whether or not it has been accepted for transmission, and no person shall be entitled to a refund of charges paid on a telegram which has been stopped under this regulation.

12. Inspection of original telegrams - (1) The sender or the addressee of a telegram may inspect, at the office of origin or destination, the original of a telegram sent by or to him.

(2) If that original has left the office of origin (having been despatched to the Chief Post Office for filing) the applicant shall pay the charge prescribed in the Schedule hereto.

13. Copy of telegrams - (1) The sender or the addressee of a telegram may obtain a certified copy of a telegram sent by or to him, subject to the payment of the charge prescribed in the Schedule hereto, and subject to the charge in regulation 12 (2) of these regulations, if the original of the telegram has left the office of origin.

(2) If desired, a copy of the telegram or an extract there from will be telegraphed to the applicant upon the payment of the telegraph charge in addition to the charge for the copy.

14. Disposal of unclaimed or undelivered telegrams - The sender of an undelivered or unclaimed telegram shall be informed by telegraph of non-delivery:

Provided that for the purposes of this regulation, where any telegram has been broadcast or any notice of the receipt of any telegram has been given the addressee by means of a public radio broadcast, that telegram shall be deemed to be delivered.

15. Period of preservation of telegrams - (1) The originals of inland telegrams shall be preserved for a period of 4 months from the date thereof.

(2) The originals of international telegrams and radiotelegrams shall be preserved for a period of 6 months from the date thereof.

16. Refunds - The Director may, in his discretion, remit or refund in whole or in part the charge paid or payable under these regulations in the following instances:

(a) Where, through the fault of the telegraph service, a telegram failed to reach the addressee within a reasonable time or was mutilated in transmission:

(b) Where the registration of a telegraph code address was cancelled before the expiry of a period paid for.

17. Revocation - The Inland Telegram Rates Regulations 1977 are revoked.

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SCHEDULE

$

1. Inland telegram charges (Reg. 3):

For the first 7 words or fewer (including address and signature) ………………..…...0.28

For every word beyond 7 words ………………………..........………………………..0.04

2. Code address (Reg. 10): per year .........................................................................................12.00

3. Inspection of telegram after the original has left the office of origin (Reg. 12): ……….…0.50

4. Copy of telegram (Reg. 13):

(a) For the first 50 words or fewer ...........................................................................0.25

(b) For each 50 words or fraction thereafter ............................................................0.25

MALIETOA TANUMAFILI II
Head of State

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