BROADCASTING SERVICES ACT [CHAPTER 12:06] (as at 11th January 2008) Constitution95; (j) any other matter which, in the Board’s opinion, will lead to the efficient provision of broadcasting services in Zimbabwe96: Provided that97— (a) regulations referred to in paragraph (h29), (h30) and (h33) of subsection (2) shall not apply to members of the Defence Forces, the Police Force or the Prison Service in the exercise of their duties as such members; (b) restrictions referred to in paragraphs (h21) to (h24) of subsection (2) shall be imposed solely for the purpose of— (i) ensuring fair competition between service providers; or (ii) avoiding monopolies or undue concentration of control over broadcasting services. (c) regulations referred to in this section shall not— (i) terminate or shorten the period of validity of any existing licence, registration or authority; or (ii) add any condition or restriction to any existing licence, registration or authority; unless the licensee or registered or authorised person, as the case may be, consents to the termination, shortening, condition or restriction (3)98 In making regulations, orders or notices the Board may classify dealers and listeners and otherwise make different provision for different classes of persons. (4)99 When making regulations, orders or notices in terms of subsection (1), the Board shall ensure compliance with Zimbabwe’s obligations under the International Telecommunication Constitution and any other international convention, treaty or agreement relating to telecommunications. (5)100 Regulations or orders made in terms of subsection (1) may provide penalties for contraventions thereof, but no such penalty shall exceed a fine of level twelve or imprisonment for a period of six months or both such fine and such imprisonment. (6)101 Regulations, orders or notices made in terms of subsection (2) shall not have effect until they have been approved by the Minister and published in the Gazette. 47 Savings and transitional provisions (1) Any regulations, by-laws or notices which, immediately before the date of commencement of this Act, were in force under the Broadcasting Act [Chapter 12:01] shall continue in force as if made in terms of this Act. (2) Any application or purported application made before the date of commencement of 95 96 97 98 99 100 101 Paragraph amended by s. 19 of Act 19/2007. Paragraph inserted by s. 19 of Act 19/2007. Proviso to subsection (2) inserted by s. 19 of Act 19/2007. Subsection inserted by s. 19 of Act 6/2003. Subsection inserted by s. 19 of Act 19/2007. Subsection inserted by s. 19 of Act 19/2007. Subsection inserted by s. 19 of Act 19/2007. - 40 -