BROADCASTING SERVICES ACT [CHAPTER 12:06] (as at 11th January 2008)
(a) issue to the person who produced the notice and licence a receipt in the prescribed
form; and
(b) notify the inspector or police officer who served the notice that the notice and the
licence has been produced.
(5) If a person who has been served with a notice in terms of subsection (2)—
(a) fails to comply with the requirement contained in that notice, he shall be presumed,
until the contrary is proved, not to be the holder of the licence referred to in the notice;
(b) is subsequently prosecuted for failing to comply with the requirement contained in that
notice, he shall be presumed, unless the contrary is proved, not to have produced that
notice and his licence in compliance with the notice.
(6) Subject to subsection (8), an inspector or a police officer may, at all reasonable times
enter premises ⎯
(a) of a licensee; or
(b) which are owned or occupied by a person whom he has reasonable cause to suspect ⎯
(i) is operating as a signal carrier or operating a signal transmitting station in
contravention of this Act; or
(ii) is providing any service for which a broadcasting licence is required;
and shall have power to make such examination, inspection and inquiry and do such things as
may appear to him necessary for ascertaining whether compliance has been made with this Act.
(7) Subject to subsection (8), an inspector may inspect at all reasonable times a radio
transmitting station, broadcasting apparatus or premises worked or used by or in the possession
or under the control of a licensee.
(8) The powers of entry and inspection conferred by this section shall not be exercised
except with the consent of the person in charge of the premises concerned, unless there are
reasonable grounds for believing that it is necessary to exercise them for the prevention,
investigation or detection of an offence in terms of this Act or for the obtaining of evidence
relating to such an offence.
(9) An inspector or police officer may, in the exercise of the powers conferred upon him by
this section, seize⎯
(a) a radio transmitting station which he has reasonable cause to suspect is being operated
by or is in the possession or under the control of a person in contravention of this Act;
or
(b) any broadcasting material, book, record or document which he has reasonable cause to
suspect, will afford evidence of the commission of an offence against this Act;
and may retain it for so long as may be necessary for the purpose of any examination,
investigation, trial or inquiry.
(10) An inspector may, in the exercise of the powers conferred upon him by this section,
order a person referred to in subsection (7) to cease using, pending inquiry by the Authority, a
radio transmitting station or broadcasting apparatus which, in his opinion, is being operated
otherwise than in accordance with this Act or the International Telecommunication Constitution
or, as the case may be, the terms and conditions of his licence.
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