(c) which are owned or occupied by a person whom he has reasonable cause to suspect
(i) is working a radio station or has a radio station in his possession or under his control in
contravention of this Act; or
(ii) is working a radio transmitting station or apparatus for operating a diffusion service or has a
radio transmitting station or apparatus for operating a diffusion service in his possession or
under his control in contravention of the Broadcasting Act [Chapter 12:01];
(iii) is providing any service or operating any system for which a licence other than a listener’s
licence issued in terms of section 31 of the Broadcasting Act [Chapter 12:01] is required;
or
(d) on which he has reasonable cause to suspect is established, constructed or installed a radio station, radio
apparatus or generating apparatus which is causing harmful interference; or
(e) which are owned or occupied by a person whom he has reasonable cause to suspect is in possession of a
receiver as defined in the Broadcasting Act [Chapter 12:01]; or
(f) on which he has reasonable cause to suspect an offence against this Act has been committed;
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 (9), all books, records, accounts and documents required to be kept by a dealer or
an authorised repairer in terms of this Act shall be open to inspection at all reasonable times by an inspector or by
a police officer.
(8) Subject to subsection (9), an inspector may inspect at all reasonable times a radio station, radio or other
apparatus or premises worked or used by or in the possession or under the control of a licensee, dealer or
authorised repairer.
(9) The powers of entry and inspection conferred by this section shall not be exercised
(a) in a case where the entry and inspection is for the purpose of ascertaining compliance with the
requirement to hold a listener’s licence issued in terms of section 31 of the Broadcasting Act
[Chapter 12:01] or with the terms of such a licence, except with the consent of the person in charge of
the premises concerned or in a accordance with a search warrant issued in terms of section 50 of the
Criminal Procedure and Evidence Act [Chapter 9:07];
(b) in a case other than one referred to in paragraph (a), 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.
(10) An inspector or police officer may, in the exercise of the powers conferred upon him by this section,
seize
(a) a radio station which he has reasonable cause to suspect is being worked by or is in the possession or
under the control of a person in contravention of this Act; or
(b) a radio transmitting station or apparatus for operating a diffusion service or broadcasting service which
he has reasonable cause to suspect is being worked by or is in the possession or under the control of a
person in contravention of this Act or the Broadcasting Act [Chapter 12:01]; or
(c) a book, record or document which he has reasonable cause to suspect will afford evidence of the
commission of an offence against this Act, or, as the case may be, the Broadcasting Act [Chapter 12:01]
relating to the matters referred to in subparagraph (ii) of paragraph (c) of subsection (6);
and may retain it for so long as may be necessary for the purpose of any examination, investigation, trial or
inquiry.
(11) An inspector may, in the exercise of the powers conferred upon him by this section, order a person
referred to in subsection (8) to cease using, pending inquiry by the Authority, a radio station or radio or other
apparatus which, in his opinion, is causing harmful interference or is being worked otherwise than in accordance
with this Act, the Broadcasting Act [Chapter 12:01], or the International Telecommunication Constitution or, as
the case may be, the terms and conditions of his licence.
(12) An inspector shall, on demand by any person affected by the exercise of the powers conferred upon him
by this section, exhibit the certificate issued to him in terms of subsection (1).
96 Appeals
(1) Subject to this section, any person who is aggrieved by—
(a) a decision of the Authority not to issue a licence or certificate; or
(b) any term or condition of a licence issued to him, or a refusal by the Authority to specify a term or
condition in a licence; or
(c) a refusal by the Authority to renew a licence or certificate; or
(d) any amendment of a licence or a refusal by the Authority to amend a licence; or
(e) the suspension or cancellation of a licence; or
36
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