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INDEPENDENT BROADCASTING AUTHORITY ACT: SUBSIDIARY LEGISLATION

 

INDEX TO SUBSIDIARY LEGISLATION

Independent Broadcasting Authority (Commencement) Order

Independent Broadcasting Authority (Television Levy) Regulations

 

INDEPENDENT BROADCASTING AUTHORITY (COMMENCEMENT) ORDER

[Section 1]

Arrangements of Paragraphs

Paragraphs

   1. Title

   2. Commencement

SI 61 of 2003.

 

1. Title

This Order may be cited as the Independent Broadcasting Authority (Commencement) Order, 2003.


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2. Commencement

The Independent Broadcasting Authority Act, 2002, shall come into operation on the date of the publication of this Order.

 

INDEPENDENT BROADCASTING AUTHORITY (TELEVISION LEVY) REGULATIONS

[Section 47]

Arrangement of Regulations

   Regulation

   1. Short title

   2. Interpretation

   3. Application

   4. Rate of levy

   5. Penalty for late remittance of levy

   6. Utilisation of levy

   7. Inspectorate unit

   8. Offences and penalties

SI 5 of 2018.

 

1. Short title

These Regulations may be cited as the Independent Broadcasting Authority (Television Levy) Regulations, 2018.

 

2. Interpretation

In these Regulations, unless the context otherwise requires—

"Authority"  has the meaning assigned to the word in the Act;

"Corporation"  has the meaning assigned to the word in the Act;

"licensee"  means the holder of a broadcasting licence authorising the holder to provide a subscriber management service;

"public broadcasting service"  means a terrestrial, satellite, cable or any electronic broadcasting medium that provides a broadcast signal in digital format and digital broadcast shall be construed accordingly; and

"television levy"  has the meaning assigned to the word in the Act.

 

3. Application

These Regulations apply to a licensee and the Corporation.

 

4. Rate of levy

   (1) The television levy payable under the Act shall be paid at the rate of five kwacha in respect of a broadcast signal or redistributed part thereof.

   (2) A licensee and the Corporation shall remit to the Authority a television levy collected under sub-regulation (1) on or before the tenth day of the month following the month in which the television levy is paid.

   (3) A licensee and the Corporation shall, on remitting the payments under sub-regulation (2) record the amount of the levy charged and such other particulars as the Authority may require.

   (4) The Authority shall transfer the television levy to the Consolidated Fund within 14 days of receipt of the television levy.

 

5. Penalty for late remittance of levy

   (1) Where an amount of a television levy due is not paid within the period stipulated in regulation 4(2), a penalty equal to five per cent of the unremitted amount shall be payable by a licensee or the Corporation for each month or part thereof which the television levy remains unpaid, and for the purpose of recovery and collection, such penalty shall be considered to be a part of the television levy.

   (2) The Authority may, where the Authority considers necessary, waive the whole or part of the penalty.

 

6. Utilisation of levy

   (1) The funds from the levy shall be utilised for payment of—

   (a)   expenses for the provision of a public broadcasting service including administrative costs; and

   (b)   administrative expenses to the licensee, Corporation and the Authority as may be determined by the Minister.

 

7. Inspectorate unit

   (1) The Authority shall establish an inspectorate unit and may appoint such number of inspectors as are necessary to enforce the provisions of these Regulations.

   (2) An inspector appointed under the Regulations shall be issued with a certificate of appointment which shall be prima facie evidence of the inspector’s appointment.

   (3) An inspector carrying out a function under these Regulations shall on demand by a person affected by the exercise of the inspector’s power under these Regulations, produce for inspection the certificate referred to in sub-regulation (2).

 

8. Offences and penalties

   (1) A licensee or the Corporation shall not—

   (a)   make a false declaration of subscribers;

   (b)   conceal information relevant to the levy;

   (c)   remit the levy late; or

   (d)   evade or avoid the payment of the levy.

   (2) The Corporation or licensee that contravenes sub-regulation (1) commits an offence and is liable on conviction to the penalty specified in the Act.

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