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(6) Where, under subsection (5), the Commission is required to refer the matter referred to in that subsection to the Appeals Board, subsection (5) shall apply in relation to a notice under subsection (2)(a) which has been varied by a subsequent notice as that notice applies in relation to a notice which has not been varied. (7) Subject to subsection (8), where a matter is referred to the Appeals Board in terms of subsection (6), the Appeals Board shall hear the Commission and the person at whose instance the reference was made and any other person appearing to be interested who desires to be heard and has, in accordance with rules regulating the procedure of the Appeals Board, been accepted as a party to the reference and if the Appeals Board is satisfied that the (a) apparatus in question complies with the requirements applicable to that apparatus under the regulations, the Appeals Board shall direct the Commission to revoke the notice; or (b) requirements referred to in paragraph (a) ought properly to be relaxed in relation to the apparatus, may direct the Commission to revoke the notice or to vary the notice in such manner as may be specified in the direction, and the Commission shall revoke or vary the notice accordingly. (8) Notwithstanding subsection (7), the making by the Appeals Board of a direction under that subsection, or the refusal by the Board to make that direction, shall not, where there has been a material change of circumstances, prevent a person mentioned in subsection (5) from giving a further notice under that subsection and shall not in a like case prevent the Commission from giving a further notice under subsection (1) or (3). (9) A direction given under subsection (7) may be absolute or may be conditional on such steps being taken in relation to the apparatus being made to comply with such requirements as may be specified in the direction. (10) A question as to whether or not the steps referred to in subsection (9) have been taken or whether or not the apparatus referred to in that subsection has been made to comply with the requirements referred to in that subsection shall, on the application of the Commission or of a person having possession of or an interest in the apparatus, be determined by the Appeals Board. Enforcement of regulations as to sales, etc. by manufacturers and others. 43 (1) If the Commission is of the opinion that an apparatus does not comply with the requirements applicable to that apparatus under regulations made for the purpose specified in section 90(1)(b) of the Swaziland Posts and Telecommunications Act, 1980, the Commission may serve on a person who has manufactured, assembled or imported that apparatus in the course of business a notice in writing prohibiting that person from selling the apparatus otherwise than for export or offering or advertising that apparatus for sale otherwise than for export or letting that apparatus on hire or offering or advertising that apparatus for letting on hire. 34

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