Cap. 350 чл. 41Special administrative procedure.

(1) Notwithstanding any other provision of this Act, the offences listed in the First Column of the Fifth Schedule to this Act shall be administrative offences punishable by the Authority.

(2) The imposition by the Authority of an administrative sanction in terms of this article shall be without prejudice to any other consequences of the act or omission of the offender under civil or administrative law.

(3) The Authority shall observe the guarantees of fair and public hearing in its determination as to whether a person is guilty of an administrative offence in terms of this article.

(4) When the Authority is satisfied that a person has committed an offence against any provision of this Act listed in the First Column of the Fifth Schedule to this Act, the Authority may -

(a) issue a warning in writing to such person; or

(b) direct such person not to broadcast for a specified period of time and, if the Authority so directs, it shall order such person to transmit free of charge during the time within which it is not broadcasting a notice to the effect that the station in question has been put off air for such period of time by order of the Authority in terms of this paragraph; or

(c) impose an administrative penalty on such person in accordance with the penalties established in the Second Column of the Fifth Schedule to this Act and subject to the provisions of paragraph 1 of the said Schedule: Provided that the Authority may not require the payment of a penalty higher than eleven thousand and six hundred and forty-six euro (11,646) or such other amount which the Prime Minister may by order prescribe which amount shall not exceed the sum of thirty-four thousand and nine hundred and forty euro (34,940) and the Authority shall not impose on such person who is found guilty of more than one offence in the same charge the payment of a penalty higher than eleven thousand and six hundred and forty-six euro (11,646) or such other amount which may be prescribed by the Prime Minister as aforesaid: Provided further that the Authority may also impose a suspended penalty which penalty shall be paid within such period as the Authority may establish. The Authority may also determine such conditions, limitations and restrictions both with regard to the penalty and the suspended penalty as it may deem fit; or

(d) apply separately or concurrently the measures mentioned in paragraphs (b) and (c) against such person.

(5) Where a notice of a charge under this article has been given, the person named in the notice may, within such period as the Authority may approve from the date of the service of the notice, accept responsibility for the offence specified in the notice and, within the same period or such further period as the Authority may allow, remedy the offence and pay, or undertake in writing to pay, the penalty indicated in the notice or such penalty as the Authority may accept in accordance with the provisions of the Fifth Schedule to this Act, and in any such case -

(a) the person named in the notice shall be deemed to have committed the offence and to have admitted his guilt in respect thereof, and the penalty paid, or agreed to be paid, shall be the penalty mentioned in the Third Column of the Fifth Schedule to this Act;

(b) if the offence is remedied and the penalty is paid within the period, or further period, aforesaid, no further proceedings may be taken against the said person in respect of the same facts;

(c) if the penalty is not paid within the period given in the notice, or further period as the Authority may establish, the Authority may, without prejudice to its right to collect the penalty, also apply the provisions of sub-article (4)(b).

(6) The Authority’s decision shall be final; provided that compliance with the Authority’s decision shall not be interpreted as a renunciation to the right to seek judicial review.

(7) A synopsis of the Authority’s decision in terms of this article shall be broadcast in the main news bulletin of the offending broadcasting station or during such time as the Authority may direct.

(8) Any administrative penalty imposed by the Authority or agreed to by the accused in terms of this article shall be due to the Authority as a civil debt, constituting an executive title for the purposes of Title VII of Part I of Book Second of the Code of Organization and Civil Procedure as if payment of the amount of the fine had been ordered by a judgement of a court of civil jurisdiction.

(9) The de-penalisation of the offences listed in the Fifth Schedule to this Act shall be without prejudice to any criminal offence committed prior to the coming into force of this article and to liability to prosecution and punishment for the same according to the law in force at the time of the offence: Provided that in any such proceedings the accused may, at any time before the case is put off for judgement, elect to avail himself of the possibility of paying a reduced administrative penalty in lieu of prosecution in accordance with the Fifth Schedule to this Act and, upon proof of payment of the said penalty, such proceedings shall cease and no further proceedings may be taken against the accused in respect of the same facts.

(10) The Authority may in conjunction with the Prime Minister make regulations to give better effect to the provisions of this article and may also amend or substitute the Fifth Schedule to this Act, whether in part or in whole. FIRST SCHEDULE

Article 16 (3)

PURPOSES FOR WHICH PROVISION IS TO BE MADE IN LICENCES CONTRACTS FOR THE PROVISION OF BROADCASTING SERVICES