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(2) No person who provides a telecommunication service or supplies telecommunication
equipment shall use any telecommunication equipment which has not been type approved by
the Authority; and no person shall connect, to any telecommunication system, any
telecommunication equipment which has not been type approved.
(3) The Authority may type approve any telecommunication equipment by reference to a
type approval used in another country.
(4) Save where the Authority otherwise directs, every telecommunication equipment used
in or connected to a telecommunication system or network in Botswana shall be marked as
being of a type approved for use in Botswana.
(5) The Authority shall maintain a register of type approvals which shall be open to
inspection by the public.
(6) Any person who contravenes the provisions of subsection (2) shall be guilty of an
offence and shall be liable to a fine of not less than P10 00.00 but not more than
P2 000 000.00
Power to
require
information
(1) The Authority shall have the power to require, from any information person,
such information including accounts, returns or estimates, as the Authority deems necessary
to enable it to carry out its functions under this Act.
(2) If so requested by the Authority, a person shall give the Authority access to, or
provide it with, such information as the Authority may require; and the Authority shall be
entitled to make copies or take extracts from any such information.
(3) A person who gives any information or access information pursuant to this section
shall not give information or access to information which he knows to be false or misleading.
(4) Notwithstanding the provisions of subsection (1) and (2) the Chief Executive or
employee or officer of the Authority shall not disclose to any other person, any information
so acquired if that disclosure would be detrimental to the person or business of the person
providing that information except in the following circumstances—
(a) the person is declared bankrupt in Botswana, or, if a company, is being wound up, and
the information is required in connection with bankruptcy or winding-up proceedings;
(b) civil or criminal proceedings arise involving that person and the Authority;
(c) the Chief Executive, employee or officer of the Authority is summoned to appear
before a court of competent jurisdiction in Botswana and the court orders the disclosure
of the information;
(d) ad the information is required by an employee or officer in the employment of the
Authority, or by an auditor or legal representative of the Authority, who requires if or is
entitled to know the information in the course of his professional duties
No. 13 of
1994
(e) the information is required by the Directorate on Corruption and Economic Crime in
connection with an investigation being carried out by that Directorate or under its
authority in accordance with the provisions of the Corruption and Economic Crime Act.