(i)
(ii)
creditors; or
(iii)
has been adjudged or otherwise declared insolvent or bankrupt; or
has made an assignment to or arrangement or composition with his
is being wound up or is under judicial management;
in terms of a law in force in any country:
Provided that a dealer who has a receiver—
(a)
in or on his business premises; or
(b)
being used in the course of a demonstration;
shall not be regarded as a listener in respect of his possession of that receiver;
[inserted by Act 6/2003 with effect from the 19th September, 2003.]
“receiver” means an apparatus—
(a)
in respect of which no licence is required in terms of the Po stal and
Telecommunications Act [Chapter 12:05]; and
(b)
which is capable of being used for the reception of a broadcasting
service;
[inserted by Act 6/2003 with effect from the 19th September, 2003.]
“Zimbabwe Broadcasting Corporation” m eans the national br oadcasting service
formed as the successor to the former Co
rporation in terms of section 3 of the
Zimbabwe Broadcasting Corporation (Commercialisation) Act, 2001 [Chapter 12:01].
[inserted by Act 6/2003 with effect from the 19th September, 2003.]
38B
Licensing of listeners
(1) No listener shall have in his possession in Zimbabwe a receiver otherwise than in
accordance with the terms and conditions
of a licence issued by the Zimbabwe
Broadcasting Corporation or by agents of the Zimbabwe Broadcasting Corporation
appointed by it in terms of subsection (a1) of section thirty-eight D.
[substituted by Act 6/2003 with effect from the 19th September, 2003.]
(2) The fees payable on the issue of licen ces referred to in subsection (1) shall be
fixed by the Zimbabwe Broad casting Corporation with th e approval of the Ministe r
by statutory instrument a nd the Zimbabwe Broadcas ting Corporation may fix
different fees for different prescribed classes of listeners:
Provided that the Minister may, after consultation with the Zimbabwe Broadcasting
Corporation, exempt any cla ss of listeners from payment of all or any of the fees
referred to in this subsection.
[amended by Act 6/2003 with effect from the 19th September, 2003.]
(3) Subsection (3) shall not apply to a listener¾
(a)
who is a bona fide tourist residing outsi de Zimbabwe and who has
brought a receiver temporarily into Zimb abwe for a period not exceeding three
months; or
(b)
whose receiver is capable of use solely in connection with a diffusion
service.
38C Collection of licence fees
Licence fees referred to in subsection (2) of section th irty-eight B, less such amounts
as may be payable for the services of the agents of the Zimbabwe Broadcasting
Corporation referred to in subsection (1) of section thirty-eight B, shall be paid into
the general funds of Zimbabwe Broadc
asting Corporation for the use of the
Corporation.
[amended by Act 6/2003 with effect from the 19th September, 2003.]
38D Appointment of inspectors and powers of inspectors and police officers
[substituted by Act 6/2003 with effect from the 19th September, 2003.]
(a1) The Zimbabwe Broadcasting Corpor ation may appoint pe rsons employed by it
to be inspectors for the purposes of this
Part and shall furnish each person so
appointed with a certificate signed on behalf of the Corpor ation stating that he has
been appointed as an inspector.
[inserted by Act 6/2003 with effect from the 19th September, 2003.]
(1) An inspector or police officer may require a person who he has reasonable cause