No. 3
Electronic and Postal Communications
2010
93
(3) Any dispute relating to the withholding of any approval
under sub-section (1), or the terms and conditions attached to the
granting or such approval, shall be referred to the Authority whose
decision shall be final.
(4) Where an offence under sub-section (1) is due to the
act or default of some other person, that other person shall be guilty
of the offence and may be charged 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 sub-section
(1), it shall 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 sub-section (5)
involves an allegation that the author 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 clear days before the hearing, he has
served on the prosecutor a notice in writing giving such information
identifying or assisting in the identification of that other person as
was then in his possession.
(7) Any person who contravenes or fails to comply with
the provision of sub-section (1) commits an offence and shall, in
addition to the forfeiture of any equipment seized, be liable on
conviction to a fine not less five million Tanzanian shillings and, in
the case of a continuing offence, a fine not less than five million
Tanzanian shillings for every day during which the offence
continues after conviction.