| (1) |
The Authority may make regulations with regard to any matter which in terms of this Act or the related legislation must or may be prescribed, governed or determined by regulation. Without derogating from the generality of this subsection, the Authority may make regulations with regard to— |
| (a) |
any technical matter necessary or expedient for the regulation of the services identified in Chapter 3; |
| (b) |
any matter of procedure or form which may be necessary or expedient to prescribe for the purposes of this Act or the related legislation; |
| (c) |
the payment to the Authority of charges and fees in respect of— |
| (i) |
the supply by the Authority of facilities for the inspection, examination or copying of material under the control of the Authority; |
| (ii) |
the transcription of material from one medium to another; |
| (iii) |
the supply of copies, transcripts and reproductions in whatsoever form and the certification of copies; |
| (iv) |
the granting of licences in terms of this Act or the related legislation; |
| (v) |
applications for and the grant, amendment, renewal, transfer or disposal of licences or any interest in a licence in terms of this Act or the related legislation; and |
| (2) |
Different regulations may be made in respect of different— |
| (a) |
licences granted in terms of this Act; and |
| (b) |
uses of radio frequency spectrum. |
| (3) |
Any regulation made by the Authority in terms of subsection (1) may declare a contravention of that regulation to be an offence, provided that any such regulation must specify the penalty that may be imposed in respect of such contravention taking into account section 17H of the ICASA Act. |
| (4) |
Authority must, not less than thirty (30) days before any regulation is made, publish such regulation in the Gazette, together with a notice— |
| (a) |
declaring the Authority’s intention to make that regulation; and |
| (b) |
inviting interested parties to make written representations on the regulation. |
| (5) |
The Authority must, not less than 30 days prior to making regulations, inform the Minister in writing of its intention and provide the Minister with a copy of the proposed regulations. |
[Section 4(5) substituted by section 4 of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]
| (6) |
The Authority may conduct public hearings in respect of a draft regulation. |
| (7) |
The provisions of subsection (4) do not apply with regard to— |
| (a) |
any regulation made by the Authority which, after the provisions of that subsection have been complied with, has been amended after receipt of comments or representations received in terms of a notice issued under that subsection; or |
| (b) |
any regulation which the public interest requires should be made without delay. |
Supreme Court Act, 1959
