152
Telecommunications Act 2005
2005, No.20
77. Monitoring and Enforcement-(1) Despite any other
law, in addition to any other powers contained in this Act, the
regulations, rules, licences or orders or under any other law, the
Regulator shall, for the purposes of exercising the Regulator‟s
responsibilities, functions and powers under this Act, have the
power to make orders to:
(a)
require the production of documents and
information by licensees and any other persons;
(b) search premises and seize documents, equipment
and other items;
(c) require attendance and examination of witnesses
under oath or affirmation or otherwise; and
(d) require persons to undertake specific actions or to
cease specific actions in the event of a breach of
this Act, the regulations, rules or orders or under
any other law.
(2) The Commissioner of Police and all police officers shall
provide such reasonable assistance to the Regulator as the
Regulator requires in undertaking the Regulator‟s
responsibilities, functions and powers under this Act and any
other law.
78. Civil Liability-(1) Subject to any limitation of or
exemption from liability imposed in accordance with this Act or
any other Act, a person who has sustained loss or damage as a
result of any act or omission that is contrary to this Act, or a
regulation, rule or order made under this Act may, in the
Supreme Court or the District Court sue for an recover an
amount equal to the loss or damage from any person who
engaged in, directed, authorized, consented to or participated in
the act or omission.
(2) An action may not be brought in respect of any loss or
damage referred to in subsection (1) more than two years after
the day on which the act or omission occurred.
(3) Nothing in subsections (1) or (2) applies to any action
for beach of a contract to provide telecommunications services
or any action for damages in relation to a rate charged by a
service provider.