ACCESS TO INFORMATION AND PROTECTION OF PRIVACY ACT (as amended January 2008) (a) requiring the mass media owner to do, or not to do, such things as are specified in the order for the purpose rectifying or avoiding any contravention or threatened contravention of this Act; and (b) stipulating the period within which any requirement referred to in paragraph (a) shall be commenced and completed. (7) Before serving an order in terms of subsection (6), the Commission shall serve a notice upon the mass media owner concerned⎯ (a) specifying the grounds upon which the order is to be issued and what the Commission considers is required for the purpose of rectifying or avoiding any contravention or threatened contravention of this Act; and (b) stipulating the maximum period that the Commission considers reasonable for the implementation of any requirement it proposes to order; and (c) calling upon the mass media owner, if he wishes to make representations, to make them to the Commission within such period from the date of service of the notice as it shall specify. (8) After considering any representations made in terms of paragraph (c) of subsection (7), the Commission may serve, or refrain from or defer serving, an order in terms of subsection (6), or serve an order on different terms. (9) An order served in terms of subsection (6) may specify a penalty for each day that the mass media service subjected to the order is in default of compliance with the order, not exceeding the period and amount prescribed. (10) The amount of any penalty imposed in terms of subsection (9) shall form part of the funds of the Commission. (11)68 Any mass media service aggrieved by any decision or order of the Commission made in terms of this section may, within twenty-one days after being notified of the decision or order of the Commission, appeal to the Administrative Court in terms of section 90A. 72 Penalties for operating mass media service without registration certificate (1) No person shall carry on or operate a mass media service without a valid registration certificate, licence or permit issued in terms of this Act or any other law. (2) A person who contravenes subsection (1) shall be guilty of an offence and liable, upon conviction, to a fine not exceeding level fourteen or to imprisonment for a period not exceeding eighteen months or to both such fine and such imprisonment. 69 (3) In addition to any fine imposed in terms of subsection (2) and without derogation from any of its powers granted under any enactment a court convicting a person of contravening subsection (1) may declare forfeited to the State any product, equipment or apparatus used for the purpose of or in connection with the offence. 68 Subsection substituted for former subsections (11) to (15) by s. 12 of Act 20/2007. 69 Subsection amended by s. 13 of Act 20/2007. [It previously stipulated level twelve or imprisonment not exceeding two years, following amendment by s. 25 of Act 5/2003 (level twelve substituted for original three hundred thousand dollars).] 42

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