ACCESS TO INFORMATION AND PROTECTION OF PRIVACY ACT (as amended January 2008) (4) The proviso to subsection (1) and subsections (3), (4), (5) and (6) of section 62 of the Criminal Procedure and Evidence Act [Chapter 9:07] shall apply, mutatis mutandis, in relation to a declaration made in terms of subsection (3). 73 …70 74 News agencies (1) Subject to this Act, no person shall carry on or operate a news agency without a valid registration certificate issued in terms of this Part. (2) 71 The Commission shall not refuse to register a news agency unless— (a) the information indicated in the application for registration is, in any material respect, false, or contains any material misrepresentation; or (b) that news agency seeks to be registered in the name of an existing registered news agency or registered mass media service; and the Commission shall forward a written notification to the applicant of the refusal of registration, stating the grounds upon which such refusal is based. 72 (3) A person who contravenes subsection (1) shall be guilty of an offence and liable, upon conviction, to a fine not exceeding level twelve or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. 73 (4) 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 equipment or apparatus used for the purpose of or in connection with the offence. (5) The proviso to subsection (1) and subsections (3), (4), (5) and (6) of section 62 of the Criminal Procedure and Evidence Act [Chapter 9:07] shall apply, mutatis mutandis, in relation to a declaration in terms of subsection (3). (6) Any messages or materials belonging to a news agency and distributed by another mass media service shall state the name of the news agency. (7) A registration certificate issued in terms of subsection (1) shall be valid for three years.74 (8) A registered news agency may, in the form and manner and subject to payment of the fee prescribed, apply to the Commission for the renewal of its registration upon the same terms and conditions that applied when it was originally registered: 70 Section repealed by s. 13 of Act 5/2003. 71 Subsection substituted by s. 14 of Act 20/2007. 72 Subsection amended by s. 14 of Act 5/2003. 73 Subsection amended by s. 14 of Act 5/2003 (level twelve substituted for three hundred thousand dollars). 74 Subsection inserted by s. 14 of Act 5/2003 and amended by s. 14 2020 (period of validity changed from two to three years). 43