44
Audit of
accounts
Online Safety Act, No. 9 of 2024
37. The provisions of Article 154 of the Constitution
relating to the audit of the accounts of public corporations
shall apply to and in relation to the audit of the accounts of
the Fund of the Commission.
PART IX
GENERAL
Provisions of the
Code of
Criminal
Procedure Act to
apply
38. (1) Save as expressly provided in this Act, the
provisions of the Code of Criminal Procedure Act, No. 15 of
1979, shall, mutatis mutandis, apply to investigations,
institution of proceedings, the trial of offences and to appeals
from judgments, sentences and orders pronounced at any
such trial under this Act.
(2) Where the Commission, on consideration of material
collected in the course of investigations conducted under
this Act, is satisfied that any person has committed an offence
under the provisions of this Act, it may take steps to institute
criminal proceedings in terms of section 136 of the Code of
Criminal Procedure Act, No. 15 of 1979.
Jurisdiction
39. (1) The jurisdiction to hear, try and determine all
offences under this Act shall be vested with the Magistrate’s
Court.
(2) Notwithstanding anything contained in subsection
(1), where there are aggravating circumstances or
circumstances that give rise to public disquiet in connection
with the commission of an offence, it shall be lawful for the
Attorney-General to forward indictment directly to the High
Court.
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