86
Government Gazette 16 November 2009
Act No. 8, 2009
No. 4378
COMMUNICATIONS ACT, 2009
(d)
prescribing the fees payable to the Authority when applications are
made, when licences are issued, when information or access to or
extracts from documents are provided or when any service is rendered
by the Authority or any thing is done by it;
(e)
prescribing any thing that is required to be prescribed by this Act;
(f)
prescribing anything that is necessary or expedient to prescribe in order
to implement the provisions of this Act.
(2)
Regulations made under this Act may prescribe penalties for the
contravention of their provisions or for the failure to comply with their provisions.
(3)
Regulations made under this Act may impose duties on any person
which may be enforced in the manner provided for in section 116.
(4)
Regulations made under this Act, may incorporate standards issued by
any standards organisation (whether an international organisation, or an organisation in
a particular country) by reference.
(5)
Any standard incorporated as contemplated in subsection (4) may
incorporate such standard partly or in full and may incorporate it with such amendments
as are indicated in the regulations.
(6)
Standards incorporated as contemplated in subsection (4), will form
part of the regulations concerned.
(7)
Regulations incorporating standards as contemplated in section (4)
must only mention the organisation that issued the standard concerned and identify
the standard with the name or number given by the organisation concerned in the
regulations.
(8)
The Authority must keep copies of all standards incorporated in
regulations and permit any person to inspect such standards during the prescribed hours
and must, subject to the copyright of the standards organisation concerned, permit any
person to make copies of parts or the whole of such standards, subject to the prescribed
fees.
National security
130.
(1)
During the continuance of a declared war in which Namibia
is engaged or during a state of emergency declared under Article 26 of the Namibian
Constitution, the President may if in his or her opinion it is necessary for the national
defence and security, direct that such communications as may be essential to the national
defence and security will have preference or priority with any licensee or provider of
telecommunications services or owner of a network.
(2)
The President may give instructions to licensees, providers of
telecommunications services or owners of networks for such time as the state of
emergency lasts as may be reasonably related to a direction given under subsection
(1).
(3)
Holders of telecommunications service licences, other providers of
telecommunications services or owners of networks must receive just compensation for