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(b) by the addition of the following subsections:
‘‘(7) The period provided for in subsection (2)(a) may be extended if
an inquiry is of a complex nature or where substantial research or
analysis is required by any interested person.
(8) Before the exercise and performance of any of its powers and 5
duties in terms of this section, the Authority must—
(a) consider whether or not, in terms of any concurrent jurisdiction
agreement concluded between the Authority and any other authority
or institution, it would be appropriate to refer an inquiry to such
authority or institution; or
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(b) subject to section 67 of the Electronic Communications Act and the
terms and conditions of any concurrent jurisdiction agreement
concluded between the Authority and the Competition Commission,
bear in mind that the Competition Commission has primary
authority to detect and investigate past or current commissions of 15
alleged prohibited practices within any industry or sector and to
review mergers within any industry or sector in terms of the
Competition Act.
(9) Subject to the terms and conditions of the concurrent jurisdiction
agreement or unless otherwise agreed to by the Authority and the other 20
authority or institution in question, the Authority may not take any action
where a matter has already been brought to the attention of and is being
dealt with by that other authority or institution.’’.
Amendment of section 4C of Act 13 of 2000, as inserted by section 6 of Act 3 of 2006
5. Section 4C of the principal Act is hereby amended—
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(a) by the substitution in subsection (2) for the words preceding paragraph (a) of
the following words:
‘‘The Authority may, subject to section 4D and any other law governing
privilege, for the purpose of an inquiry—’’; and
(b) by the substitution in subsection (6) for the words preceding paragraph (a) of 30
the following words:
‘‘The Authority must, within [180] 90 days from the date of conclusion
of the inquiry—’’.
Amendment of section 5 of Act 13 of 2000, as amended by section 7 of Act 3 of 2006
6. Section 5 of the principal Act is hereby amended—
(a) by the substitution for subsection (2) of the following subsection:
‘‘(2) [(a) The chairperson must, in writing, appoint a councillor as
acting chairperson to perform the functions of the chairperson in his
or her absence.
(b) Where the chairperson is unable to make an appointment] In
the absence of the chairperson, the remaining councillors must from their
number elect an acting chairperson, who, while he or she acts, may
perform all the functions of the chairperson.’’; and
(b) by the substitution in subsection (3)(b) for subparagraph (ii) of the following
subparagraph:
‘‘(ii) possess suitable qualifications, expertise and experience in the
fields of, amongst others, broadcasting, electronic communications and postal policy or operations, public policy development,
electronic engineering, law, [marketing, journalism, entertainment] information technology, content in any form, consumer
protection, education, economics, finance or any other relevant
expertise or qualifications.’’.
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