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NATIONAL LEGISLATION TEXTS  Independent
Broadcasting Authority Amendment Act, No. 4 of 1996
.
EXPLANATION OF MARKS: [Bold text in square brackets] is text marked by this Act for deletion from existing enactments[Underlined text in square brackets] is text marked by this Act for insertion into existing enactments [Grey text in square brackets] is text containing LegalB’s references or comments Grey text outside of square brackets is text that has to be verified Two asterisks thus ** indicates text must only be read in the light of our commentary on this legislation ACT
Long title To amend the Independent Broadcasting Authority Act, 1993, so as to regulate broadcasting and the vesting of powers in relation to the administration, management, planning and use of the broadcasting service frequency bands in the territories of the former Republics of Transkei, Bophuthatswana, Venda and Ciskei; to further regulate the application of the Act to existing providers of broadcasting signal distribution and broadcasting services in the said territories; to provide for the amendment of certain laws dealing with the jurisdiction of the Independent Broadcasting Authority or the application of the Act in or its incorporation into the law of those territories; to provide for the rationalised and uniform application of the Act in the whole of the national territory of the Republic; and to provide for matters connected therewith. ______________ [Act 1996_004_000 Long title unamended wef ... date/s available on subscrition copy] 1. Amendment of section 29 of Act 153 of 1993, as amended by section 5 of Act 36 of 1995 Section 29 of the Independent Broadcasting Authority Act, 1993 (hereinafter referred to as the principal Act), is hereby amended by the insertion after subsection (4) of the following subsection: " [
(4A) In the application of subsections (1), (2), (3) and (4) in the
territories of the former Republics of Transkei, Bophuthatswana, Venda
and Ciskei after the commencement of the Independent Broadcasting
Authority Amendment Act, 1996-
______________(a)
the reference in subsections (1) and (4)(a) to the Radio Act, 1952,
shall be construed
(i)
in relation to Venda, as a reference to the Radio Act, 1984 (Act No. 15
of 1984) (Venda); and
(b)
the reference in subsection (1)(b) to the Minister of Posts and
Telecommunications shall be construed as a reference to the responsible
Minister of the territory concerned; (ii) in relation to the other territories, as a reference to the Radio Act, 1952, to the extent that it is in force in the territories; (c) the reference in subsection (1)(b) to the Postmaster General shall be construed as a reference to the Postmaster General of the territory concerned; (d) the reference in subsection (1) to 28 January 1994 shall be construed as a reference to 30 March 1994; and (e) the reference in subsection (4)(c) to 1 September 1993 shall be construed as a reference to- (i)
7 December 1993 in relation to Transkei;
(ii) 16 March 1994 in relation to Bophuthatswana; (iii) 3 December 1993 in relation to Venda; and (iv) 4 February 1994 in relation to Ciskei. ] ". [Act 1996_004_001 unamended wef ... date/s available on subscrition copy] 2. Amendment of section 33 of Act 153 of 1993, as amended by section 8 of Act 36 of 1995 Section 33 of the principal Act is hereby amended by the substitution for subsection (4) of the following subsection: "(4)
[Where
the Republic has, in terms of section 79, entered into an agreement
with any state or territory referred to in that section, the]
The provisions of subsections (2) and (3) shall mutatis mutandis apply
in relation to any person who, immediately prior to [the date of entry into
force of such an
agreement] [ 30
March 1994 ] , lawfully [
provides] [
provided ] broadcasting
signal distribution in [ that state
or ] [ the ]
territory [ of any of
the
former Republics
of Transkei, Bophuthatswana, Venda or Ciskei]
in a manner not
inconsistent with the provisions of this Act [ and in such
application-
______________(a)
the reference in subsection (2) (a) to a period of 12 months from the
said date, shall be construed as a reference to a period of six months
from the date of commencement of the Independent Broadcasting Authority
Amendment Act, 1996, or such extended period as the Authority may on
good cause shown allow;
(b) the reference in subsection (2)(b)(i) to (i)
30 March 1995, shall be construed as a reference to the date
immediately following the expiry of the period of six months or
extended period referred to in paragraph (a), as the case may be;
(ii) 30 March 1996, shall be construed as a reference to a date 12 months after the date contemplated in subparagraph (i). ] ". [Act 1996_004_002 unamended wef ... date/s available on subscrition copy] 3. Amendment of section 45 of Act 153 of 1993, as amended by section 14 of Act 36 of 1995 Section 45 of the principal Act is hereby amended by the substitution for subsection (4) of the following subsection: (4)
______________[ (a) ]
[Where
the Republic has in terms of section 79 entered into an agreement with
a state or territory referred to in that section, the ]
[
The ] provisions of
subsection (3) of this section shall mutatis mutandis apply in respect
of any person who immediately prior to [
the entry into force of such agreement, provides] [ 30 March 1994,
provided ]
one or more public broadcasting services in [such state or ]
[
the ] territory [
of any of the
former Republics
of Transkei, Bophuthatswana, Venda or Ciskei ]
in accordance
with the laws in force therein at the time, [ and in such
application the
reference in subsection (3) to
(i)
the date of commencement of this Act, shall be construed as a reference
to 30 March 1994;
(b)
Any person who applies to the Authority within the period of six months
or extended period referred to in paragraph (a)(ii), as the case may
be, for a broadcasting licence in terms of subsection (3) and provides
the Authority with satisfactory proof that he or she is entitled to the
granting of such a licence shall, where such a licence is not issued
before the expiry of that period, be deemed to be the holder of such a
licence until the date of the issuing of the licence to which he or she
is entitled. (ii) a period of 12 months as from such date of commencement, shall be construed as a reference to a period of six months as from the date of commencement of the Independent Broadcasting Authority Amendment Act, 1996, or such extended period as the Authority may on good cause shown allow. (c) The provisions of section 33(2)(b)(ii) shall mutatis mutandis apply in relation to a licence contemplated in paragraph (b) ] .". [Act 1996_004_003 unamended wef ... date/s available on subscrition copy] 4. Amendment of section 46 of Act 153 of 1993, as amended by section 15 of Act 36 of 1995 Section 46 of the principal Act is hereby amended- (a)
by the substitution for subparagraph (ii) of paragraph (b) of
subsection (2) of the following subparagraph:
______________"(ii)
Bophuthatswana Commercial Radio (Proprietary) Limited, a licensed
broadcaster according to Bophuthatswana law, shall be deemed to be the
holder of an existing licence as contemplated in that paragraph [unless
an agreement such as that contemplated in section 79 has been entered
into between the Governments of the Republics of South Africa and
Bophuthatswana] : Provided
that the licence which may be deemed
to be held in terms of this subparagraph shall in no way derogate from
the validity of the licence held under Bophuthatswana law and from the
authority of the Bophuthatswana Government to enforce the terms and
conditions of that licence, as in force on the second day of September,
1993, under Bophuthatswana law."; and
(b)
by the substitution for subsection (3) of the following subsection: "(3)
[Where
the Republic has in terms of section 79 entered into an agreement with
a state or territory referred to in that section, the] [ The ]
provisions of
subsection (2) (a) shall mutatis mutandis apply in relation to any
person who, immediately prior to [
the entry into force of such agreement, provides]
[
30 March 1994, provided ]
a private broadcasting service in [such
state or ] [
the ] territory [
of any of the former Republics of Transkei, Bophuthatswana, Venda or
Ciskei ] under a valid
licence in terms of the laws in force in
such [state
or ] territory at
the time.".
[Act 1996_004_004 unamended wef ... date/s available on subscrition copy] 5. Insertion of section 47B in Act 153 of 1993 The following section is hereby inserted in the principal Act after section 47A: ''Special
savings as to certain broadcasters licensed
in terms of the law of
Transkei and Ciskei
______________[ 47B. (1) Trinity Broadcasting (Transkei) and Trinity Broadcasting (Ciskei) (licensed broadcasters in terms of the law of Transkei and Ciskei respectively) shall, for a period of 12 months as from the date of commencement of the Independent Broadcasting Authority Amendment Act, 1996, each be deemed to be a holder of a broadcasting licence in terms of this Act. (2) The Authroity may in its discretion grant a private or a community broadcasting licence in terms of this Act to a broadcaster referred to in subsectoin (1) if such broadcaster applies therefor within the period mentioned in subsection (1) ] . ''. [Act 1996_004_005 unamended wef ... date/s available on subscrition copy] 6. Substitution of section 79 of Act 153 of 1993 The following section is hereby substituted for section 79 of the principal Act: "Application
of Act
______________[ 79. This Act shall apply throughout the national territory of the Republic] .". [Act 1996_004_006 unamended wef ... date/s available on subscrition copy] 7. Amendment of certain laws of the former Republics of Transkei, Bophuthatswana, Venda and Ciskei The laws mentioned in the second column of the Schedule are hereby amended to the extent as indicated in the third column of the Schedule. ______________ [Act 1996_004_007 unamended wef ... date/s available on subscrition copy] 8. Short title This Act shall be called the Independent Broadcasting Authority Amendment Act, 1996 ______________ [Act 1996_004_008 unamended wef ... date/s available on subscrition copy] SCHEDULE. LAWS AMENDED
[s7]
[Act 1996_004_007 Schedule unamended wef ... date/s available on subscrition copy] |
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