compulsorily acquire any land required for the purpose of providing telecommunication services
to the public.
Part V deals with investigations, inspections and enforcement. S.48 empowers the Authority to
appoint or designate inspectors for the purposes of verifying compliance with the Act and with
the decisions of the Authority. His powers are set out under s.49 which include the power to
enter and inspect any place owned by the operator in which the Inspector believes there is a
document, information or equipment, relevant to the enforcement of this Act, to examine any
radio apparatus or interference-causing equipment, logs, books, etc and remove such documents
or information. A warrant can be issued to an Inspector to enter and search any premises (s.50).
Part VI sets out the Offences and Penalties for breaching the Act generally, or breaching the
conditions of the licence issued under this Act. Anyone committing an offence connected with
interfering of messages sent is liable to a fine not exceeding $200 or to imprisonment for a term
not exceeding six months. Offences in respect of radiocommunication attract a fine of $5000 or
imprisonment of up to 3 years. An apparatus used in the commission of an offence under this
Part is forfeited to the Authority. Where a corporation commits an offence, it is liable such as an
individual (s.55). S.62 empowers the employees or agents of the Authority to prosecute
offences under the Act upon authority granted by the Attorney General. S.63allows
compounding of offences where the Attorney General may instruct the person committing an
offence to pay a sum of money to the Authority by way of compounding such offences.
Part VII deals with Computer Misuse and create offences relating to unauthorised access to
computer material (s.65, unauthorised access for commission of offences (s.66), unauthorised
modification of computer material (s.67) and unauthorised use or interception of computer
service (s.68).
Part VIII contains Miscellaneous provisions. S.70 deals with the distribution and exhibition of
obscene matter. S.71 deals with non-responsibility for bodily injury or damage to any person or
property by the Republic, Minister, the Authority, an Inspector or any other person exercising the
powers and functions under this Act. S.72 sets out the power of Government in emergency
cases. S.73 spells out how service of notice under this Act is effected. S.74 provides for the
regulatory power of the Minister. S.75 states that the Act does not apply to any foreign vessel or
aircraft. S.76 relates the Act to the Broadcasting and Publication Authority Ordinance (Cap.
6A). S.77 deals with exemption from income tax, customs duty and import levy. S. 78 repeals
the Telecommunications Act 1983 and s.79 makes the Act binding on the Republic.
.
Titabu Tabane
Attorney General
17 May 2004
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