No. 4378
Government Gazette 16 November 2009
Act No. 8, 2009
69
COMMUNICATIONS ACT, 2009
(b)
in accordance with the regulations contemplated in subsection (16).
(16)
The authority may prescribe –
(a)
categories of radio apparatus, the use or possession of which; or
(b)
the circumstances in which the use or possession of radio apparatus,
does not require a licence, certificate or authority in terms of this section or a permit in
terms of section 102.
(17)
A notice published in the Gazette and still of force and effect
immediately before the date of commencement of this Act declaring any article not
to be radio apparatus for the purposes of the laws governing radio, is deemed to be a
regulation made in terms of subsection (16) authorising the possession of the apparatus
mentioned in that notice.
Control of possession of radio apparatus
102.
(1) Subject to section 101(15), no person may have in his or her
possession any radio apparatus unless he or she is in possession of a permit issued by
the Authority in terms of this section or a spectrum licence issued in terms of section
101 authorising such possession.
(2)
prescribed.
The procedure for obtaining a permit in terms of subsection (1), is as
(3)
Where any radio apparatus is found in the possession of any person in
contravention of the provisions of this section, the Authority may –
(a)
seal or alter such apparatus or any part thereof in order to prevent the
use of that radio apparatus for the purpose of transmission or reception,
and issue to such person a permit for a limited or indefinite period
authorising the possession of that apparatus on condition that it is not
during such period used for such purpose;
(b)
seize such apparatus, whether or not it is sealed as contemplated in
paragraph (a), for disposal in terms of subsection (4).
(4)
Radio apparatus seized under subsection (3) (b) must be held by the
Authority until –
(a)
its possession is authorised in terms of subsection (1) or (3) (a); or
(b)
it is declared forfeited as contemplated in section 110 or under any
other law.
CHAPTER IX
ESTABLISHMENT AND INCORPORATION OF .NA DOMAIN
NAME ASSOCIATION
Establishment of Association
103.
A juristic person to be known as the .na Domain Name Association is
hereby established –