Act No. 4, 1999
BROADCASTING ACT, 1999
(b) No business, dealer or lessor may use any television set unless(i) such business, dealer or lessor is in possession of a television licence
issued against payment of a prescribed fee in terms of this Act for each
television set so used, unless exempted by regulation;
(ii) such television set is used in accordance with such licence; and
(iii) such business, dealer or lessor is able to produce such licence on
demand.
(c) A user who is required to be in possession of a television licence must
possess all the categories of television licences as prescribed, which pertain to
such use.
(2) Subsection (1) does not apply to a person who manufactures or repairs
television sets, or who acts in the execution of his or her duties in the service of
such a person, in so far as he or she uses any television set manufactured or
repaired by him or her, in or on the premises where it was manufactured or
repaired or on any other premises approved by the Corporation, for the
purposes of testing such a television set.
(3) Any person who contravenes subsection (1) is, in addition to payment of the
prescribed licence fee, liable(a) to pay to the Corporation by way of a penalty an amount equal to double
the amount of the applicable prescribed licence fee; or
(b) in the event of a user proving that he or she had used the television set
for a period of less than one year, to pay to the Corporation, by way of a
penalty, in respect of every month or part of a month during which such
a person had failed to take out such television licence, an amount equal
to 10% of the applicable prescribed television licence fee provided that
the total amount of the penalty may not exceed the amount of such
television licence fee, unless otherwise prescribed.
(4) A dealer who sells or alienates a television set to a person who is not in
possession of a television licence and who is not exempted from the obligation
to be in possession of a television licence, is liable to pay a penalty of R3 000
or such higher amount as may be prescribed, but such penalty may not exceed
R10 000 in respect of each television set sold or alienated to such person.
(5) notwithstanding subsections (3) and (4), any person who (a) contravenes or fails to comply with any provision of this section or any
regulations pertaining to television licence matters; or
(b) after an authorised inspector, referred to in subsection (6), has produced
his or her written authority to such person fails, without good reason, to
comply with any lawful demand made by that authorised inspector, is
guilty of an offence in relation to each television set in respect of which
the offence is committed and is liable upon conviction to a fine not
exceeding R500 in relation to each such offence or to imprisonment for a
period not exceeding six months or to both such fine and such
imprisonment.
(6)(a) The Corporation may appoint any person as an authorised inspector.
(b) An authorised inspector may –
(i) require a person who is required in terms of subsection (1) to be in
possession of a television licence to produce such television licence
for inspection;
(ii) require a person who uses a television set, or a person who is the
owner or occupier of any premises on which a television set is used, to
produce such television set for examination, in order to determine
whether the provisions of this Act have been complied with;
(iii) require a person who uses a television set to furnish his or her identity
document or licence registration number, whichever is applicable;