exercise of the powers conferred upon him by or under this Part; or (e) fails or refuses, without reasonable cause, to give information to an inspector or police officer, when required to do so in terms of section thirty-eight D, or gives false or incomplete information; or (f) fails to comply with the terms and conditi ons of a licence is sued to him in terms of this Part; or (g) for the purpose of obtaining, whether for hi mself or another `person, the issue of a licence in terms of this Pa rt, makes a declaration or statement which he knows to be false in any particular or does not know or believe to be true, o r knowingly makes use of such a declaration or statement or a document containing the same; or (h) contravenes— (i) subsection (1) of section thirty-eight B; (ii) regulations, orders or notices made or issued in terms of section 46 for the purposes of this Part; shall be guilty of an offence and liable— A. for a contravention of subsection (1) of section thirty-eight B to a fine not exceeding level 3; B. in the case of any offence not referred to in subparagraph A, to a fine not exceeding level 5 or to imprisonment fo r a period not exceedi ng six months or to both such fine and such imprisonment. (2) A court convicting a person of an offence of— (a) having in his possession a receiver the po ssession of which is not authorised by a licence referred to in subsection (1) of section thirty-eight B; or (b) making a declaration or statemen t referred to in pa ragraph (g) of subsection (1) or making us e of such a declaration or statement or a document containing the same, thereby obtaining in respect of a receive r in his possession a licence referred to in subsection (1) of section thirty-eight B on payment of a fee which is less than the appropriate licence fee; may, on the application of the prosecutor a nd in addition to any penalty which it may impose, do either or both of the following— (i) order that the receiver concerned be forfeited to the State; (ii) give summary judgement in favour of the Zimbabwe Broadcasting Corporation for the amount of the appropriat e licence fee or, as the case may be, an amount equal to the difference between th e fee actually paid by the person and the appropriate licence fee. (3) On the hearing of an application referred to in subsection (2) a court shall, for the purpose of determining the amount of the appropriate licence fee and, in the case of a prosecution for an offence referr ed to in paragraph (b) of that subsection, the liability of the accused to pay the same, refer to th e proceedings and evidence at the trial and consider such further eviden ce, whether oral or documentary, as may be tendered by the prosecutor and the accused. (4) A judgement given by a court in terms of subparagraph (ii) of subsection (2) shall have the same force and effect and may be executed in the sa me manner as if the judgement had been given in a civil action instituted— (a) in the case of the court of a regional magistrate, in the court of a `magistrate other than a regional magistrate; or (b) in the case of a court other than the court of a regional magistrate, in the first-mentioned court. (5) If the Minister has, in terms of s ubsection (3) of secti on forty-six, classified listeners, a certificate purpo rting to be signed by the ma naging director or general manager of the Zimbabwe Broadcasting Corp oration and alleging th at a person is a member of a particular class of listener shall, on its mere production, be admissible— (a) on the prosecution of the person for a contravention of this Part; or (b) for the purpose of determining the amount of the appropriate licence