6 (d) by the substitution in subsection (3) for paragraph (h) of the following paragraph: ‘‘(h) may conduct research on all matters affecting the broadcasting, electronic transactions, postal and electronic communications sectors in order to exercise its power and perform its duties;’’; (e) by the substitution in subsection (3) for paragraphs (k) and (l) of the following paragraphs, respectively: ‘‘(k) may make regulations on empowerment requirements [in terms of Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003)] to promote broad-based black economic empowerment; (l) may inspect [transmitters or other] electronic communications apparatus used for electronic communications;’’; (f) by the substitution in subsection (3) for paragraph (n) of the following paragraph: ‘‘(n) must investigate and adjudicate complaints submitted to the Authority in terms of this Act, the underlying statutes, and licence conditions;’’; (g) by the addition to subsection (3) of the following paragraphs: ‘‘(o) may make recommendations to the Minister on matters dealt with or to be dealt with in the Electronic Transactions Act; (p) except where section 74(1) of the Electronic Communications Act applies, must determine a penalty or remedy that may be appropriate for any offence of contravening any regulation or licence condition, as the case may be, contemplated in this Act or the underlying statutes, taking into account section 17H; and (q) must exercise the powers and perform the duties of the Authority in terms of the Postal Services Act.’’; (h) by the insertion after subsection (3) of the following subsections: ‘‘(3A) The Authority, in exercising its powers and performing its duties— (a) must consider policy made, and policy directions issued, by the Minister in terms of this Act, the underlying statutes and any other applicable law; and (b) may conclude a concurrent jurisdiction agreement with any relevant authority or institution and must, at least once every three years, where necessary, review and revise the agreement by agreement with the authority or institution in question.’’; (i) by the substitution in subsection (4) for paragraphs (f) and (g) of the following paragraphs, respectively: ‘‘(f) The power to grant, renew, amend, revoke or transfer any individual licence may [only] not be delegated to a councillor or to a committee of the Council. (g) Notwithstanding the provisions of this section, any councillor or committee delegated with [the] any power [to grant, amend, revoke, transfer or renew a licence] or duty of the Authority in terms of this Act, subject to paragraph (f) or the underlying statutes, must submit a report [its decision] on the exercise and performance of that power and duty to the Council.’’; and (j) by the addition to subsection (4) of the following paragraph: ‘‘(h) Notwithstanding the provisions of this subsection, the Council must exercise general control over the exercise of the powers and the performance of the duties of the Authority in terms of this Act and the underlying statutes.’’. 5 10 15 20 25 30 35 40 45 50 Amendment of section 4B of Act 13 of 2000, as inserted by section 6 of Act 3 of 2006 55 4. Section 4B of the principal Act is hereby amended— (a) by the substitution in subsection (2) for paragraph (a) of the following paragraph: ‘‘(a) submit written representations [within 60 days] on or before a date specified in the notice, which date may not be less than 45 days from 60 the date of publication of the notice; and’’; and

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