98
No. 3
Electronic and Postal Communications
2010
(4) The date specified in the notice under sub-section (1)
shall not be a date before (a) the money becomes payable to the licensee; and
(b) the payer is served with the notice.
(5) A notice under sub-section (1) ceases to have effect
where the fee or royalty with respect to which the notice is issued is
paid or otherwise satisfied.
(6) Where a person served with a notice is unable to
comply with the notice by reason of lack of moneys owing to, or
held for, the licensee shall, as soon as practicable and in any event
before the payment date specified in the notice, notify the Director
General accordingly in writing setting out the reasons for the
inability to comply.
(7) Where a notice is served on the Director General under
subsection (6), the Director General may, by notice in writing (a) accept the notification and cancel or amend the notice
issued under sub-section (1); or
(b) reject the notification.
(8) A person making a payment pursuant to a notice under
subsection (2) is treated as having acted under the authority of the
licensee and of all other persons concerned and is hereby
indemnified in respect of the payment against or proceedings, civil
or criminal, and all processes, judicial or extra-judicial,
notwithstanding any provision to the contrary in any written law, a
contract or agreement.
(9) For the purpose of this section, “money” includes a
debt obligation dominated or payable in money.
Suit for
unpaid fees
or royalty
157. A person who fails to pay fees or royalties to the
Authority commits an offence and shall be liable in any court of
competent jurisdiction.