34 No. 18
Power of
Director
General
to compound
certain of
fenses
Tanzania Communications
1993
61. Where any person admits that he has committed an offence against
this Act or any rules made under it,' the punishment of which is a fine
not exceeding fifty thousand shillings the Director General may compound such offence by collecting from that person such sum of money
as may to the Director General seem fit, not exceeding fifty per centurn
of the maximum amount of fine to which that person would have been
liable on conviction, and no person having made such payment shall be
thereafter prosecuted in relation to the offence so compounded.
PART IX
OFFENSES AND PENALTIES IN RELATION OF
TELECOMMUNICATION SERVICES
Unlawful
operation
of telecommunication system
62.-(1) Subject to this section and sections 11 and 12, any person
who establishes, installs, maintains, provides or operates a telecommunication system or service within the United Republic without a licence
granted under sections 11 and 12 or otherwise infringes the powers
conferred upon the Commission by section 9 commits an offence.
(2) A person who commits an offence under this section shall be
liable on conviction to a fine not exceeding three hundred thousand
shillings or to imprisonment for a term not exceeding 3 years or to both
such fine and imprisonment and, in the case of continuing offence, to
a further fine not exceeding ten thousand shillings for every day or part
thereof during which the offence continues after conviction.
(~) In the case of an offence in relation to a telecommunication system
or service not extending beyond the United Republic every person
operating the system or service (or, if different people run different
parts of it, each of them) commits an offence and, in the case of an
offence in relation to a telecommunication system or service extending
beyond the United Republic, the person or every person operating that
portion of such system or service within the United Republic (or, if
different people operate different parts of the system or service, each
of them) commits an offence and shall be similarly liable.
(4) Where the commission by any person of an offence under this
section is due to the act or default of some other person, that other
person commits an offence; and a person may be charged with and
convicted of the offence by virtue of this subsection whether or not
proceedings are taken against the first-mentioned person.
(5) In any proceedings for an offence under this section, it shall,
subject to subsection (6), be a defence for the person charged to prove
that he- took all reasonable steps and exercised all due diligence to avoid
committing the offence.
(6) Where the defence provided by subsection (5) involves an allegation that the commission of the offence was due to the act or default of
another person, the person charged shall not, without leave of the court,
be entitled to rely on that defence unless, within a period ending seven