4
(f)
by the insertion after the definition of ‘‘Electronic Communications Act’’ of
the following definitions:
‘‘ ‘electronic transaction’ has the meaning assigned to it in the
Electronic Transactions Act;
‘Electronic Transactions Act’ means the Electronic Communications 5
and Transactions Act, 2002 (Act No. 25 of 2002);’’;
(g) by the deletion of the definition of ‘‘former authorities’’;
(h) by the insertion before the definition of ‘‘Minister’’ of the following
definitions:
‘‘ ‘licence exemption’ has the meaning assigned to it in section 1 of the 10
Electronic Communications Act;
‘licensee’ has the meaning assigned to it in section 1 of the Electronic
Communications Act, and includes, as required by the context, a person
granted a licence exemption in terms of section 6 of that Act;’’;
(i) by the insertion after ‘‘National Revenue Fund’’ of the following definition: 15
‘‘ ‘policy directions’ means policy directions issued in terms of section
3(1A), 3(2) or contemplated in 81(1) of the Electronic Communications
Act or in terms section 2A(2) of the Postal Services Act;’’; and
(j) by the deletion of the definition of ‘‘Telecommunications Act’’.
Amendment of section 3 of Act 13 of 2000, as amended by section 4 of Act 3 of 2006 20
2. Section 3 of the principal Act is hereby amended by the addition of the following
subsection:
‘‘(5) A person affected by any action, finding or decision of the Authority may
apply to a court with competent jurisdiction for review of that action, finding or
decision.’’.
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Amendment of section 4 of Act 13 of 2000, as substituted by section 5 of Act 3 of
2006
3. Section 4 of the principal Act is hereby amended—
(a) by the substitution in subsection (1) for paragraph (a) of the following
paragraph:
‘‘(a) must exercise the powers and perform the duties conferred and
imposed upon it by this Act, the underlying statutes and [by] any
other applicable law;’’;
(b) by the substitution in subsection (3) for the words preceding paragraph (a) of
the following words:
‘‘Without derogating from the generality of [subsection] subsections
(1) and (2), the Authority—’’;
(c) by the substitution in subsection (3) for paragraphs (a), (b), (c), (d) and (e) of
the following paragraphs, respectively:
‘‘(a) may make recommendations to the Minister on policy matters and
amendments to this Act and the underlying statutes which accord
with the objects of this Act and the underlying statutes to promote
development in the broadcasting, electronic transactions, postal and
electronic communications sectors;
(b) must monitor the broadcasting, postal and electronic communications [sector] sectors to ensure compliance with this Act and the
underlying statutes;
(c) must [manage] control, plan, administer and manage the use and
licensing of the radio frequency spectrum in accordance with
bilateral agreements or international treaties entered into by the
Republic;
(d) must develop, monitor and enforce compliance with licence
conditions and regulations consistent with the objects of this Act
and the underlying statutes for different categories of licences;
(e) [must] may grant, renew, amend, transfer and revoke licenses in
accordance with the provisions of this Act and the underlying
statutes;’’;
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45
50
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