27 33 Radio station licence (1) Subject to this section, no person, other than the Broadcasting Corporation, shall have in his possession or under his control or work a radio station specified in the First Schedule, except in accordance with a radio station licence. (2) Subject to this section, no person other than the Zimbabwe Broadcasting Corporation or a person licensed in terms of the Broadcasting Services Act [Chapter 12:06] shall have in his possession or under his control or work a radio transmitting station which is not a radio station specified in the First Schedule.11 (3) The Authority may issue a temporary radio station licence authorising a person to possess a radio station referred to in subsection (1) or a radio transmitting station referred to in subsection (2) for a limited period on condition that the station is not used for the purpose of carrying on a radiocommunication service. (4) Subsection (1) shall not, except in so far as it relates to the working of a radio station referred to in that subsection, apply to a person referred to in subsection (3) of section forty-four unless he has failed to dispose of the radio station in his possession or under his control within the period specified by the Authority in terms of that subsection. (5) Subsection (1) shall not apply to an authorised repairer who, for the purposes of testing and repair, has in his possession or under his control or works a radio transmitting station referred to in that subsection. (6) Any person who contravenes subsection (1) or (2) 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.12 (7) In addition to any punishment it may impose under subsection (6) and without derogation from its powers under any enactment, a court convicting a person of contravening subsection (1) or (2) shall declare forfeited to the State any equipment or apparatus used for the purpose of or in connection with the offence: Provided that the court shall not make such a declaration if the convicted person satisfies the court that, for reasons which it shall record, there are special reasons in the particular case why the equipment or apparatus concerned should not be forfeited. (8) 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 (7). 34 Telecommunication licence (1) Subject to this section and section thirty-five, no person shall provide a telecommunication service or operate a telecommunication system except in accordance with a telecommunication licence. (2) Subject to the terms and conditions of the licence, a telecommunication licence shall authorise the licensee to operate a telecommunication system or provide a telecommunication 11 Subsection amended by s. 48(2) of Act 3/2001. 12 Subsection amended by s. 4 of Act 22/2001.