reasonable cause to suspect, will afford evidence of the commission of an offence
against this Act;
and may retain it for so long as may be necessary for the purpose of any examination,
investigation, trial or inquiry.
(10) An inspector may, in the exerci se of the powers c onferred upon him by this
section, order a person referred to in subsection (7) to cease using, pending inquiry by
the Authority, a radio transmitting station or broadcasting apparatus which, in his
opinion, is being operated otherwise than in accordance with this Act or the
International Telecommunication Constitution or, as the case may be, the terms and
conditions of his licence.
(11) An inspector shall, on demand by any person affected by the exercise of the
powers conferred upon him by this section, e xhibit the certificat e issued to him in
terms of subsection (1).
(12) Any person who—
(a)
fails to comply with the requirement contained in a notice served on
him in terms of subsection (3), or with a requirement made by an inspector in terms
of subsection (10); or
(b)
wilfully delays or obstructs a police officer or inspector in the exercise
of the powers conferred upon him by this Act;
shall be guilty of an offence and liable
to a fine not exceeding level ten or to
imprisonment for a period not exceeding two years or to both such fine and such
imprisonment.
[amended by Act 22 of 2001, with effect fr om the 10th September, 2002, and by Act
6 of 2003 with effect from the 19th September, 2003.]
43
Appeals
(1) Subject to this section, any person who is aggrieved by—
(a)
a decision of the Authority not to issue a licence; or
(b)
any term or condition of a licence issued to him, or a refusal by the
Authority to specify a term or condition in a licence; or
(c)
a refusal by the Authority to renew a licence; or
(d)
any amendment of a licence or a refusal by the Authority to amend a
licence; or
(e)
the suspension or cancellation of a licence;
may, within twenty-eight days after being notified of th e decision or action of the
Authority, appeal to the Administrative Court.
(2) An appeal in terms of subsection (1) shall be made in the form and manner and
within the period prescribed in the rules of court.
(3) For the purpose of determining an appeal in terms of subsection (1) the President
of the Administrative Court shall be assisted by two assessors.
(4) On an appeal in terms of subsection (1), the Administrative Court may, subject to
subsection (5), confirm, vary or set aside the decision or action appealed against and
may make such order, whether as to costs or otherwise, as the court thinks just.
(5) Any person whose appeal on a ground
specified in paragraph (a) or (c) o f
subsection (1) is upheld shall not be entitled to receive a licence but shall be entitled
to have his matter remitted to the Authority for re-determination in terms of this Act.
[amended by Act 6/2003 with effect from the 19th September, 2003.]
44
Approval of tariffs by Authority
(1) At the time of applying for the issue or renewal of his licence, a licensee shall
submit for the approval of the Authority wr itten particulars of his proposed tariff, i f
any, at the commencement of the licensing period.
(2) If a licensee proposes to amend or repl ace the tariff that was approved at the time
when his licence was issued or renewed, he shall give notice to the Authority within
such period and in such form and manner as the Authority may require or as may be
prescribed.
(3) The Authority shall, within fourteen days of the receipt of the proposal, respond