(4) Subsection (1) shall not, except in so far as it relates to the working of a radio station referred to in that
subsection, apply to a person referred to in subsection (3) of section forty-four unless he has failed to dispose of
the radio station in his possession or under his control within the period specified by the Authority in terms of that
subsection.
(5) Subsection (1) shall not apply to an authorised repairer who, for the purposes of testing and repair, has in
his possession or under his control or works a radio transmitting station referred to in that subsection.
(6) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and liable to a fine not
exceeding level ten or to imprisonment for a period not exceeding two years or to both such fine and such
imprisonment.
[Subsection amended by section 4 of Act 22 of 2001]
(7) In addition to any punishment it may impose under subsection (6) and without derogation from its powers
under any enactment, a court convicting a person of contravening subsection (1) or (2) shall declare forfeited to
the State any equipment or apparatus used for the purpose of or in connection with the offence:
Provided that the court shall not make such a declaration if the convicted person satisfies the court that, for
reasons which it shall record, there are special reasons in the particular case why the equipment or apparatus
concerned should not be forfeited.
(8) The proviso to subsection (1) and subsections (3), (4), (5) and (6) of section 62 of the Criminal Procedure
and Evidence Act [Chapter 9:07] shall apply, mutatis mutandis, in relation to a declaration in terms of subsection
(7).
34 Telecommunication licence
(1) Subject to this section and section thirty-five, no person shall provide a telecommunication service or
operate a telecommunication system except in accordance with a telecommunication licence.
(2) Subject to the terms and conditions of the licence, a telecommunication licence shall authorise the
licensee to operate a telecommunication system or provide a telecommunication service, including, in particular,
any one or more of the following services as may be specified in the licence
(a) a radiocommunication service;
(b) a fixed-line telephone service;
(c) a telegraph service;
(d) a telex service;
(e) a satellite telephone service;
(f) an Internet service;
(g) an electronic mail service;
(h) the leasing of telecommunication lines;
(i) such other telecommunication service as the Minister may prescribe for the purposes of this section.
(3) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not
exceeding level ten or to imprisonment for a period not exceeding two years or to both such fine and such
imprisonment.
[Subsection amended by section 4 of Act 22 of 2001]
(4) In addition to any punishment it may impose under subsection (3) and without derogation from its powers
under any enactment, a court convicting a person of contravening subsection (2) shall declare forfeited to the State
any equipment or apparatus used for the purpose of or in connection with the offence:
Provided that the court shall not make such a declaration if the convicted person satisfies the court that, for
reasons which it shall record, there are special reasons in the particular case why the equipment or apparatus
concerned should not be forfeited.
(5) The proviso to subsection (1) and subsections (3), (4), (5) and (6) of section 62 of the Criminal Procedure
and Evidence Act [Chapter 9:07] shall apply, mutatis mutandis, in relation to a declaration in terms of subsection
(4).
35 Private telecommunication licence
(1) Subject to this Act, no person shall provide or operate a private telecommunication service or system
except in accordance with a private telecommunication licence.
(2) Subject to the terms and conditions of the licence, a private telecommunication licence shall authorise the
licensee
(a) to provide or operate a private telecommunication service or system:
Provided that a person licensed to operate a telecommunication service referred to in paragraph (a)
of the definition of “private telecommunication service or system” in subsection (1) of section two shall
not establish or maintain a private automatic branch exchange that is connected with a
telecommunication system established, maintained or worked by a telecommunication licensee unless
the telecommunication licensee is approved by the Authority as a supplier; and
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