| (a) |
No person may use any television set unless such person is in possession of— |
| (ii) |
a written exemption pursuant to the regulations; or |
| (iii) |
written confirmation, issued by the lessor of the television set in question that such person is a person to whom that television set has been rented, or otherwise made available in accordance with this Act. |
| (i) |
such business, dealer or lessor is in possession of a television licence issued against payment of a prescribed fee in terms of this Act for each television set so used, unless exempted by regulation; |
| (ii) |
such television set is used in accordance with such licence; and |
| (iii) |
such business, dealer or lessor is able to produce such licence on demand. |
| (c) |
A user who is required to be in possession of a television licence must possess all the categories of television licences as prescribed, which pertain to such use. |
| (2) |
Subsection (1) does not apply to a person who manufactures or repairs television sets, or who acts in the execution of his or her duties in the service of such a person, in so far as he or she uses any television set manufactured or repaired by him or her, in or on the premises where it was manufactured or repaired or on any other premises approved by the Corporation, for the purposes of testing such a television set. |
| (3) |
Any person who contravenes subsection (1) is, in addition to payment of the prescribed licence fee, liable— |
| (a) |
to pay to the Corporation by way of a penalty an amount equal to double the amount of the applicable prescribed licence fee; or |
| (b) |
in the event of a user proving that he or she had used the television set for a period of less than one year, to pay to the Corporation, by way of a penalty, in respect of every month or part of a month during which such a person had failed to take out such television licence, an amount equal to 10% of the applicable prescribed television licence fee provided that the total amount of the penalty may not exceed the amount of such television licence fee, unless otherwise prescribed. |
| (4) |
A dealer who sells or alienates a television set to a person who is not in possession of a television licence and who is not exempted from the obligation to be in possession of a television licence, is liable to pay a penalty of R3 000 or such higher amount as may be prescribed, but such penalty may not exceed R10 000 in respect of each television set sold or alienated to such person. |
| (5) |
Notwithstanding subsections (3) and (4), any person who— |
| (a) |
contravenes or fails to comply with any provision of this section or any regulations pertaining to television licence matters; or |
| (b) |
after an authorised inspector, referred to in subsection (6), has produced his or her written authority to such person fails, without good reason, to comply with any lawful demand made by that authorised inspector, |
is guilty of an offence in relation to each television set in respect of which the offence is committed and is liable upon conviction to a fine not exceeding R500 in relation to each such offence or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
| (a) |
The Corporation may appoint any person as an authorised inspector. |
| (b) |
An authorised inspector may – |
| (i) |
require a person who is required in terms of subsection (1) to be in possession of a television licence to produce such television licence for inspection; |
| (ii) |
require a person who uses a television set, or a person who is the owner or occupier of any premises on which a television set is used, to produce such television set for examination, in order to determine whether the provisions of this Act have been complied with; |
| (iii) |
require a person who uses a television set to furnish his or her identity document or licence registration number, whichever is applicable; |
| (iv) |
require a person who uses a television set, or a person who is the owner or occupier of any premises on which a television set is used, to furnish such information as may be prescribed or necessary in order to determine whether this Act has been complied with; |
| (v) |
require a business, dealer or lessor to produce records relating to transactions involving television sets for inspection, and make extracts there from or copies thereof; |
| (vi) |
enter upon any land, in so far as this may be necessary, in order to exercise a power conferred on him or her by this Act: Provided that entry may not be gained to a residence after dark without a warrant or the occupier's permission. |
| (7) |
A television licence is not transferable, save as may be prescribed. |
| (8) |
All television licence fees collected by the Corporation must be used by the Corporation solely for the public service to be provided by the Corporation. |
| (9) |
To enable the Corporation to establish and maintain a national database register listing all sales of new television sets in the Republic, dealers, lessors and businesses must provide the Corporation with all information prescribed in respect of sales of new television sets. |
[Section 27 substituted by section 22 of Act No. 64 of 2002, GG 24340, dated 4 February 2003]
Consumer Affairs (Unfair Business Practices) Act, 1988 (Act No.
