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(d) by the substitution in subsection (3) for paragraph (h) of the following
paragraph:
‘‘(h) may conduct research on all matters affecting the broadcasting,
electronic transactions, postal and electronic communications
sectors in order to exercise its power and perform its duties;’’;
(e) by the substitution in subsection (3) for paragraphs (k) and (l) of the following
paragraphs, respectively:
‘‘(k) may make regulations on empowerment requirements [in terms of
Broad-Based Black Economic Empowerment Act, 2003 (Act
No. 53 of 2003)] to promote broad-based black economic empowerment;
(l) may inspect [transmitters or other] electronic communications
apparatus used for electronic communications;’’;
(f) by the substitution in subsection (3) for paragraph (n) of the following
paragraph:
‘‘(n) must investigate and adjudicate complaints submitted to the
Authority in terms of this Act, the underlying statutes, and licence
conditions;’’;
(g) by the addition to subsection (3) of the following paragraphs:
‘‘(o) may make recommendations to the Minister on matters dealt with or
to be dealt with in the Electronic Transactions Act;
(p) except where section 74(1) of the Electronic Communications Act
applies, must determine a penalty or remedy that may be appropriate for any offence of contravening any regulation or licence
condition, as the case may be, contemplated in this Act or the
underlying statutes, taking into account section 17H; and
(q) must exercise the powers and perform the duties of the Authority in
terms of the Postal Services Act.’’;
(h) by the insertion after subsection (3) of the following subsections:
‘‘(3A) The Authority, in exercising its powers and performing its
duties—
(a) must consider policy made, and policy directions issued, by the
Minister in terms of this Act, the underlying statutes and any other
applicable law; and
(b) may conclude a concurrent jurisdiction agreement with any relevant
authority or institution and must, at least once every three years,
where necessary, review and revise the agreement by agreement
with the authority or institution in question.’’;
(i) by the substitution in subsection (4) for paragraphs (f) and (g) of the following
paragraphs, respectively:
‘‘(f) The power to grant, renew, amend, revoke or transfer any individual
licence may [only] not be delegated to a councillor or to a
committee of the Council.
(g) Notwithstanding the provisions of this section, any councillor or
committee delegated with [the] any power [to grant, amend,
revoke, transfer or renew a licence] or duty of the Authority in
terms of this Act, subject to paragraph (f) or the underlying statutes,
must submit a report [its decision] on the exercise and performance
of that power and duty to the Council.’’; and
(j) by the addition to subsection (4) of the following paragraph:
‘‘(h) Notwithstanding the provisions of this subsection, the Council must
exercise general control over the exercise of the powers and the
performance of the duties of the Authority in terms of this Act and
the underlying statutes.’’.
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Amendment of section 4B of Act 13 of 2000, as inserted by section 6 of Act 3 of 2006 55
4. Section 4B of the principal Act is hereby amended—
(a) by the substitution in subsection (2) for paragraph (a) of the following
paragraph:
‘‘(a) submit written representations [within 60 days] on or before a date
specified in the notice, which date may not be less than 45 days from 60
the date of publication of the notice; and’’; and