36 No. 12
Tanzania Communications Regulatory Authority
2003
44. 41) A person shall not contravene a provision of the Fair Competition Inconsis
Act, 2003, or the Bureau of Standards Act, 1975 by reason only of tency with
engaging in a conduct or refraining from engaging in a conduct permitted other law
No.
under this Act, sector legislation or any subordinate legislation or Act,
3 of 1975
instrument under any of the aforementioned Acts (a) requires the persons to engage or refrain from engaging in the
conduct or conduct of that kind; or
(b) authorizes or approves the person engaging or refraining from
engaging in conduct of that kind.
(2) Where the Commission is of the opinion that any conduct
required, authorized or approved by the Authority (a) would be in breach of the Fair Competition Act, 2003 if
sub-section (1) did not apply to the conduct; and
(b) the conduct is against the public interest, the Commission shall
report the matter to the Minister.
(3) Where the Minister receives a report from the Commission under
sub-section (2), he may direct the Authority to take necessary steps to
ensure that the conduct described by the Commission is not required,
authorized or approved by the Authority.
PART IX
ENFORCEMENT AND COMPLIANCE
45.- (1) Where the Authority is satisfied that a person has committed
or is likely to commit an offence against this Act or a sector legislation,
it may make a compliance order under this section.
(2) Any person against whom a compliance order is made shall
comply with the order.
(3) A compliance order may require a person to refrain from conduct
which is in contravention of the provisions Of this Act or a sector legislation
to take actions required to be taken in order to comply with this Act or a
sector legislation.
(4) A compliance order shall be made in writing specifying the grounds
for its making and shall be enforceable as an order of the High Court.
Compliance