Commission may, by notice in writing to the mass media service, suspend or cancel the registration certificate or take such other action as it considers appropriate. (6) Without derogation from its powers in terms of subsection (1), where the Commission is satisfied that a mass media service is contravening, has contravened or is likely to contravene any of the provisions of this Act, the Commission may serve upon the mass media service an order— (a) requiring the mass media owner to do, or not to do, such things as are specified in the order for the purpose of rectifying or avoiding any contravention or threatened contravention of this Act; and (b) stipulating the period within which any requirement referred to in paragraph (a) shall be commenced and completed. (7) Before serving an order in terms of subsection (6), the Commission shall serve a notice upon the mass media owner concerned— (a) specifying the grounds upon which the order is to be issued and what the Commission considers is required for the purpose of rectifying or avoiding any contravention or threatened contravention of this Act; and (b) stipulating the maximum period that the Commission considers reasonable for the implementation of any requirement it proposes to order; and (c) calling upon the mass media owner, if he wishes to make representations, to make them to the Commission within such period from the date of service of the notice as it shall specify. (8) After considering any representations made in terms of paragraph (c) of subsection (7), the Commission may serve, or refrain from or defer serving, an order in terms of subsection (6), or serve an order on different terms. (9) An order served in terms of subsection (6) may specify a penalty for each day that the mass media service subjected to the order is in default of compliance with the order, not exceeding the period and amount prescribed. (10) The amount of any penalty imposed in terms of subsection (9) shall form part of the funds of the Commission. (11) Any mass media owner who is aggrieved by any decision or order of the Commission made in terms of this section may, within 28 days after being notified of the decision or action of the Commission concerned, appeal in writing to the Minister, submitting with his appeal such fee as may be prescribed. (12) For the purpose of determining an appeal noted in terms of subsection (11), the Minister may require the Commission to furnish him with the reasons for the decision or action that is the subject of the appeal and a copy of any evidence upon which the reasons are based. (13) The Minister, after due and expeditious inquiry, may make such order on any appeal noted in terms of subsection (11) as he considers just. (14) An appeal shall lie to the Administrative Court against any order of the Minister in terms of subsection (12). (15) An appeal in terms of subsection (14) shall be made in the form and manner and within the period prescribed in rules of court. 72 Penalties for operating mass media service without registration certificate (1) No person shall carry on or operate a mass media service without a valid registration certificate, licence or permit issued in terms of this Act or any other law. (2) A person who contravenes subsection (1) shall be guilty of an offence and liable, upon conviction, to a fine not exceeding $300,000 or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. (3) In addition to any fine imposed in terms of subsection (2) and without derogation from any of its powers granted under any enactment a court convicting a person of contravening subsection (1) may declare forfeited to the State any product, equipment or apparatus used for the purpose of or in connection with the offence. (4) 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 made in terms of subsection (3). 73 Accrual of rights and duties (1) The rights and duties of the mass media owner and the mass media service set out in this Act shall commence from the date of registration of a mass media service, while those set out in the memorandum or articles of association of the mass media service shall commence from the date of incorporation. (2) The mass media owner, mass media service, or distributor may in addition institute mutual rights and duties on a contractual basis provided that they do not contravene the provisions of this Act or any other law. 74 News agencies (1) Subject to this Act, no person shall carry on or operate a news agency without a valid registration certificate issued in terms of this Part. (2) Sections 68 to 73 shall apply to the registration of a news agency. - 17 -