1964_TELEVISION_ORDINANCE — Page 41

Television

[1989 Ed.

36B. (Repealed 49 of 1987 s. 17)

37. Broadcasting Authority may impose financial penalty

(1) The Broadcasting Authority may, by notice in writing addressed to the licensee, require the payment of the financial penalty specified in such notice.

(2) Financial penalties may be imposed—

(a) for failure to comply with any of the conditions of the licence;

(b) for failure to comply with any provision of this Ordinance or any regulation made by the Governor in Council;

(c) for failure to comply with any Code of Practice; or

(d) for failure to comply with any direction or order issued or made by the Broadcasting Authority under this Ordinance. (Amended 7 of 1973 s. 18)

(3) The financial penalties imposed under this section shall not exceed $50,000 for the first occasion on which a penalty is imposed, and shall not exceed $100,000 for the second occasion on which a penalty is imposed for whatever reason, and shall not exceed $250,000 for any subsequent occasion on which a penalty is imposed for whatever reason. (Amended 72 of 1988 s. 19)

(4) No penalty shall be imposed under this section except where the Broadcasting Authority is satisfied that the licensee has been afforded reasonable opportunity of complying with the particular requirement.

(Amended 49 of 1987 s. 17)

38. Appeal to the Governor in Council

(1) Subject to this section, a licensee aggrieved by—

(a) any decision of the Broadcasting Authority in the exercise of any discretion vested in it by or under this Ordinance (including any prohibition under section 35); or

(b) anything contained in any Code of Practice or direction issued by the Broadcasting Authority,

may appeal by way of petition to the Governor in Council.

(2) No appeal under subsection (1) shall lie against a prohibition—

(a) under section 35(1), except within 14 days after the date on which the licensee is notified of the prohibition under that section; or

(b) under section 35(3).

(3) Any person named in an order under section 36 prohibiting the licensee from broadcasting material rendered, passed or selected by such person may appeal against the order by way of petition to the Governor in Council.

(4) Where an appeal is lodged under this section the decision, order, prohibition, direction or other thing appealed against shall be complied with until the determination of the appeal.

(Replaced 49 of 1987 s. 17)