55.— (1) A person commits an offence if he or she sends by post any postal packet—

(a) which encloses any creature, article or thing of any kind, including any explosive, noxious or otherwise dangerous substance, likely to injure—

(i) any other postal packet in the course of its transmission by post, or

(ii) any employee or agent of a postal service provider,

(b) which encloses any article or thing whatsoever which is indecent, obscene, grossly offensive or menacing, or

(c) which has on the postal packet or its cover, any words, marks or designs which are of an indecent, obscene, grossly offensive or menacing character.

(2) A person who commits an offence under this section is liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine not exceeding €75,000 or to imprisonment for a term not exceeding 5 years or both.

(3) Subsection (1) (a) does not apply to postal packets which enclose anything permitted to be sent (whether generally or specifically) by the postal service provider concerned, provided that such postal packets are sent in compliance with the terms and conditions of that postal service provider.