Section 11
Suspension or cancellation of postal licence etc.
(1)
If the Authority is satisfied that a person who is granted a postal licence under section 8 or any regulations made under this Act is contravening, or has contravened, whether by act or omission —
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(a)
any of the conditions of the postal licence;
(b)
any provision of any code of practice or standard of performance;
(c)
any direction of the Authority given under section 26, the Authority may, by notice in writing, do either or both of the following —
(i)
issue such written order to the person as it considers requisite for the purpose of securing compliance thereof;
(ii)
require the payment, within a specified period, of a financial penalty of such amount not exceeding
$1,000,000 as it thinks fit.
(2)
Where the Authority is satisfied that —
(a)
the person who is granted a postal licence is again likely to contravene, whether by act or omission, any condition, provision or direction referred to in subsection (1);
(b)
the person who is granted a postal licence has gone into liquidation other than for the purpose of amalgamation or reconstruction;
(c)
the person who is granted a postal licence is no longer in a position to comply with the provisions of this Act or the conditions of his licence; or
(d)
the public interest so requires, the Authority may, in lieu of an order or a financial penalty under subsection (1)(i) or (ii) or both, by notice in writing and without any compensation, do all or any of the following —
(i)
cancel the postal licence or part thereof;
(ii)
suspend the postal licence or part thereof for such period as it thinks fit;
(iii)
reduce the period for which the postal licence is to be in force.
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(3)
An order under subsection (1)(i) —
(a)
shall require the person concerned (according to the circumstances of the case) to do, or not to do, such things as are specified in the order or are of a description so specified therein;
(b)
shall take effect at such time, being the earliest practicable time, as is determined by or under that order; and
(c)
may be revoked at any time by the Authority.
(4)
Any person who fails to comply with any order under subsection (1)(i) is guilty of an offence and liable on conviction to a fine not exceeding $100,000, imprisonment for a term not exceeding 3 years or both.
(5)
In any proceedings brought against any person for an offence under subsection (4), it shall be a defence for him to prove that he took all reasonable steps and exercised all due diligence to avoid contravening the order.
(6)
Any financial penalty payable by any person by virtue of subsection (1) shall be recoverable by the Authority as a debt due to the
Authority from that person; and the person’s liability to pay shall not be affected by his postal licence ceasing (for any reason) to be in force.