BROADCASTING SERVICES ACT [CHAPTER 12:06] (as at 11th January 2008) “inspector” means an inspector appointed in terms of subsection (a1) of section thirtyeight D;66 “listener” means a person who has in his possession a receiver otherwise than in his capacity as— (a) an operator of a diffusion service; or (b) the legal representative of a person who is of unsound mind or who has died or who— (i) has been adjudged or otherwise declared insolvent or bankrupt; or (ii) has made an assignment to or arrangement or composition with his creditors; or (iii) 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; 67 “receiver” means an apparatus— (a) in respect of which no licence is required in terms of the Postal and Telecommunications Act [Chapter 12:05]; and (b) which is capable of being used for the reception of a broadcasting service; 68 "Zimbabwe Broadcasting Corporation" means the national broadcasting service formed as the successor to the former Corporation in terms of section 3 of the Zimbabwe Broadcasting Corporation (Commercialisation) Act, 2001 (No. 26 of 2001).69 38B Licensing of listeners (1)70 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. (2)71 The fees payable on the issue of licences referred to in subsection (1) shall be fixed by the Zimbabwe Broadcasting Corporation with the approval of the Minister by statutory instrument and the Zimbabwe Broadcasting 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 class of listeners from payment of all or any of the fees referred to in this subsection. 66 67 68 69 70 71 Definition inserted by s. 12 of Act 6/2003. Definition inserted by s. 12 of Act 6/2003. Definition inserted by s. 12 of Act 6/2003. Definition inserted by s. 12 of Act 6/2003. Subsection substituted by s. 13 of Act 6/2003. Subsection amended by s. 13 of Act 6/2003. - 29 -