Section 5: Powers of Authority

5. Powers of Authority (1) The Authority shall have such powers as are necessary to enable it to effectively carry out its functions and may, in particular— (a) monitor, control, inspect and regulate postal, courier and ancillary services; (b) ensure that postal, courier and ancillary services are provided and operated in accordance with this Act; (c) give such reasonable directions to a licensee as it thinks fit and the licensee shall comply with those directions; (d) require a licensee to provide such information as it thinks necessary in relation to the postal services offered by him; (e) require any person to furnish to the Authority any information in his possession which relates to any postal, courier or ancillary services; (f) require any person who has in his custody or under his control any document which relates to any postal service or postal system— (i) to furnish the Authority with a copy of or extract from the document; or (ii) to transmit the document itself to the Authority for its inspection unless the document forms part of the records or other documents of a Court or public authority; and (g) require any person who has under his control any premises to provide access and appropriate facilities for delivery of postal packets to addressees. (2) The Authority shall be entitled without payment to keep any copy or extract furnished to the Authority under subsection (1) (f). (3) The Authority shall at all reasonable times have full and free access to all buildings, places, books, documents and other papers for the purpose of discharging the its functions under this Act, and may, without payment, inspect, copy or make extracts from any such books, documents or papers. (4) The Authority may take possession of any books, documents or papers where in the opinion of the Authority— (a) the books, documents or papers may be interfered with or destroyed unless possession is taken; or [Issue 1] P16 – 4 Revised Laws of Mauritius (b) the books, documents or papers may be required as evidence in proceedings for an offence under this Act or any regulations made thereunder. (5) The rights conferred by this section shall, in relation to information recorded otherwise than in legible form, include the right to require the information to be made available in legible form for inspection or for a copy or extract to be made of or from it. (6) Any person who— (a) fails to comply with any requirement specified in any order under subsection (1) (f); (b) intentionally alters, suppresses or destroys any document which he has been required under subsection (1) (f) to furnish or transmit; or (c) in furnishing any information required of him under subsection (1) (f), makes any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, shall commit an offence. (7) No person shall by virtue of this section be obliged to disclose any particulars as to which he is under any statutory obligation to observe secrecy.