Communications Regulation (Postal Services) Act 2011

51.

Directions and compliance.

51.— (1) This section applies to a direction given by the Commission under any of the provisions of this Part to a universal postal service provider or a postal service provider, as the case may be (in this section referred to as a “direction”).

(2) The Commission may, as it considers appropriate, having regard, amongst other matters, to the reasonable needs of postal service users, publish a direction.

(3) A direction shall—

( a) be in writing,

( b) be addressed to the universal postal service provider or postal service provider concerned, and

( c) state the reasons on which it is based.

(4) Where the Commission is of the opinion that a universal postal service provider or postal service provider, as the case may be, has not complied, or is not complying, with a direction, the Commission shall give notice to the universal postal service provider or postal service provider, in writing, stating the reasons for such opinion and giving the universal postal service provider or postal service provider the opportunity to make representations or remedy any non-compliance, as specified in the notice, not later than—

( a) 4 weeks from the date of the notice,

( b) such period of less than 4 weeks as may be agreed by the Commission and the postal service provider concerned or stipulated by the Commission in the case of repeated non-compliance, or

( c) such other period as the Commission considers appropriate in the circumstances.

(5) The Commission shall consider any representations which are made under subsection (4) .

(6) ( a) The Commission may amend or revoke a notice given under this section and shall notify the postal service provider in writing accordingly.

( b) This section applies to a notice amended under this subsection as it applies to a notice given under subsection (4).

(7) Where, at the end of the period specified in a notice given under subsection (4), the Commission is of the opinion that a universal postal service provider or a postal service provider has not complied, or is not complying, with a direction, the Commission may apply to the High Court for an order requiring the universal postal service provider or postal service provider to comply with such direction (in this section referred to as a “compliance order”). Such an application is to be by motion.

(8) The High Court may hear the application under subsection (7) only if it is satisfied that a copy of the application has been served on the universal postal service provider or postal service provider concerned.

(9) The High Court may make such interim or interlocutory order as it considers appropriate pending determination of an application made under subsection (7) . The Court may not refuse interim or interlocutory relief merely because the Commission may not suffer damage if relief were not granted pending determination of the application.

(10) On the hearing of an application made under subsection (7) the High Court may make a compliance order or may refuse the application.

(11) ( a) An application made under subsection (7) for a compliance order may include an application for an order directing the universal postal service provider or postal service provider to pay to the Commission a financial penalty of such amount as is proposed by the Commission having regard to the circumstances of the non-compliance concerned.

( b) In deciding an application for a compliance order made under subsection (7), the High Court, having regard to the circumstances surrounding the non-compliance concerned, may order the universal postal service provider or postal service provider to pay to the Commission a financial penalty of such amount as is specified in the order which shall not in any case be more than the amount proposed by the Commission in its application pursuant to paragraph (a) .

( c) The circumstances referred to in paragraph (b) include the following:

(i) the duration of the non-compliance;

(ii) the effect of the non-compliance on postal service users and other universal postal service providers or postal service providers;

(iii) the submissions of the Commission with respect to what it considers the appropriate amount, and

(iv) any excuse or explanation for the non-compliance provided by the universal postal service provider or postal service provider.