operate such business shall apply for such license with the competent official as prescribed in the Royal Decree. The qualifications of the applicant for the license, the rules and procedures for applying for the license, the license issuance, the license renewal, the return of the license, the suspension or revocation of the license shall be as prescribed in the Royal Decree. In operating the business, the person who has obtained the license under paragraph one shall comply with the rules prescribed in the Royal Decree and those prescribed by the Commission or conditions stipulated in the license. In case the person who has obtained the license violates or fails to comply with the rules for operating the service business relating to electronic transactions under paragraph three, the Commission shall be empowered to consider and issue an order imposing an administrative fine not exceeding two million Baht, taking into account of the severity of the offence. In case where it deems fit, the Commission may issue an order requiring such person to take any corrective action as appropriate. In this connection, the provisions of Section 33, paragraph five, shall apply mutatis mutandis. If the person committing the offence under paragraph four fails to make correction in accordance with the order of the Commission or repeats the offence, the Commission shall be empowered to issue an order revoking the license. CHAPTER 4 ELECTRONIC TRANSACTIONS IN THE PUBLIC SECTOR Section 35 An application, permission, registration, administrative order, payment, notification or any legal action taken against or by a State agency shall, if made in the form of data message in accordance with the rules and procedures prescribed by the Royal Decree, be governed by this Act and shall have the same legal effect as those undertaken in accordance with the rules and procedures provided by law governing such particular matter. For this purpose, the Royal Decree may also require the person concerned to act or refrain from acting or require the State agency to issue rules prescribing details in certain cases. In issuing the Royal Decree under paragraph one, such Royal Decree may require the person operating the service business relating to electronic transactions to notify or apply for registration or license, as the case may be, prior to the commencement of the business operation. In this case, the provisions of Chapter 3 and the relevant penalty provisions shall apply mutatis mutandis. CHAPTER 5 ELECTRONIC TRANSACTIONS COMMISSION Section 36 There shall be the Electronic Transactions Commission which consists of the Minister of Science, Technology and Environment acting as the Chairman and the other twelve members appointed by the Cabinet from qualified persons, provided that, two qualified persons must be from each of the following fields: (1) finance; (2) electronic commerce; (3) law; www.ThaiLaws.com 10