Tuvalu Telecommunications Corporation Act
CAP. 35.05 Section 37
Government should have control over the transmission and reception of messages,
the Minister may, during the continuance of the emergency, make such orders as
may appear desirable with respect to the possession, sale, purchase, construction and
use of any telecommunication installation in Tuvalu.
37
Corporation not liable
(1)
No liability shall be incurred by the Corporation in respect of any action or
demand which may be brought or made by any person in consequence of any
damage arising from anything done by the holder of any licence granted under
subsection (2) of section 6 of this Act or by the licensee's agent.
(2)
No claim or demand shall arise by reason of anything lawfully done by the
Corporation and the Minister or any person authorised in their behalf in
carrying out the provisions of this Act.
(3)
No claim or demand against the Corporation shall arise by reason of any error
in or omission from any message, or delay in the transmission of any message
or for any delay in the delivery or for the non-delivery of any message or
omission to send or receive any message from whatever cause the error,
omission, delay or non-delivery shall arise:
Provided that the omission, delay or non-delivery was caused by factors
beyond the control of the Corporation or that the Corporation through its
employees had taken all reasonable steps under the circumstances or that the
Corporation and any person acting under its power and direction is not guilty
of carelessness or other misconduct.
38
Regulations
(1)
The Minister may make regulations, not inconsistent with this Act,
prescribing all matters, whether general or to meet particular cases, which are
required or permitted to be prescribed, or which are necessary or convenient
for carrying out or giving effect to this Act.
(2)
Without limiting the generality of subsection (1) of this section, regulations
may be made for or in respect of all or any of the following purposes, matters
and things —
(a)
the running of telecommunication systems;
(b)
the secrecy of telecommunications;
(c)
the provision of telecommunication services, in particular the manner in
which such services shall be offered and performed, and the payment of
necessary fees;
(d)
the period during which and the conditions subject to which messages
and papers relating thereto, shall be preserved;
2008 Revised Edition
Page 21