The Zambia National Broadcasting Corporation (Amendment) 2010

Zambia National Broadcasting
Corporation (Amendment) (Na. 16 of 2010 119
GOVERNMENT OF ZAMBIA
ACT
No. 16 of 2010
Date of Assent: 13th April, 2010
An Act to amend the Zambia National Broadcasting
Corporation Act. (16th April, 2010
ENACTED by the Parliament of Zambia. Enactment
This Act may be cited as the Zambia National Broadcasting Short title
Corporation (Amendment) Act, 2010, and shall be read as one
with the Zambia National Broadcasting Corporation Act, in this
Act referred to as the principal Act. Cap.

endment) Act, 2010, and shall be read as one
with the Zambia National Broadcasting Corporation Act, in this
Act referred to as the principal Act. Cap.

154
Section two of the principal Act is amended— Amendment
by the deletion of the definitions "appointments committee" of section 2
and "Telecommunications Corporation";
by the insertion in the appropriate places of the following
new definitions:
"accommodation establishment" has the meaning
assigned to it in the Tourism and Hospitality Act, Act No, of
2010; 2010
"household" means a domestic social unit consisting
of a family who live together as a unit; and
"television tuner" means a device capable of allowing
television signals to be received by an electronic
device.; and
(c) in the definition of "receiver" by the deletion of the words
"Radiocommunications Act" and the substitution therefor
of the words "Information and Communication Act No. 15 of
Technologies Act, 2009"; 2009
Copies of this Act can be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka. Price K3000 each.

o. 15 of
Technologies Act, 2009"; 2009
Copies of this Act can be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka. Price K3000 each.

Zambia National Broadcasting
120 No. 16 of 2010] Corporation (Amendment)
Amendment
of section 4
Repeal of
section 4A
Repeal and
replacement
of Part IV
Section four of the principal Act is amended in subsection
(2) by the deletion, immediately after the word "Minister", of the
words "on the recommendation of the appointments committee."
The principal Act is amended by the repeal of section/our A. 5. The principal Act is amended by the repeal of Part IV and
the substitution therefor of the following new Part:
PART IV
TELEVISION LEVY AND INSPECTORS
Television 25. (1) Notwithstanding the provisions of the Information and
levy Communication Technologies Act, 2009, and subject to the
Act No. 15 provisions of this Act, a person shall not have in the person's
of 2009 possession a television receiver or tuner for which a levy has not
been paid:
Provided that in a private household where there is more
than one television receiver or tuner, a levy shall be paid in
respect of only one television receiver or tuner.

private household where there is more
than one television receiver or tuner, a levy shall be paid in
respect of only one television receiver or tuner.

For purposes of subsection (1), a proprietor of an
accommodation establishment or such other commercial enterprise
as the Minister may, by statutory instrument, determine shall pay a
levy in respect of each television receiver on the premises
concerned. The Minister may, on the recommendation of the
Corporation, by statutory instrument, prescribe the levy to be paid
under subsection (1). (4) Subsection (1) shall not apply to a person—
who is a bona fide tourist residing outside Zambia and
whose television receiver or tuner is temporarily in
Zambia; or
whose television receiver or tuner is capable of use solely
in connection with a diffusion service. (5) A person who owns or operates a television receiver or
tuner for which a levy has not been paid under this Act commits an
offence and is liable, upon conviction, to a fine not exceeding one
thousand penalty units. (6) The levy referred to under this section shall be paid into
the general fund of the Corporation for the use of the Corporation.

sand penalty units. (6) The levy referred to under this section shall be paid into
the general fund of the Corporation for the use of the Corporation.

Zambia National Broadcasting
Corporation (Amendment) [No. 16 of 2010 121
The Director-General may appoint, in writing, an agent for
the purpose of collection of the levy. The Minister may exempt a person, organisation or
institution from the provisions of subsection (1). (9) A levy payable under this section shall be a debt due to the
Corporation and shall be summarily recoverable as a civil debt. 26. (1) A dealer shall, on the sale of a television receiver or Obligation of
television tuner, collect from the purchaser of the television receiver dealer
or television tuner such information on the purchaser as may be
prescribed and a television levy for one year, on behalf of the
Corporation. A dealer shall remit the levy collected pursuant to
subsection (1), to the Corporation together with information relating
to the purchaser of any television receiver or television tuner by
the tenth day of the month following the month in which the
information and levy are collected.

aser of any television receiver or television tuner by
the tenth day of the month following the month in which the
information and levy are collected.

A dealer who sells a television receiver or television tuner
to any person without collection of the levy or the information
required under subsection (1), or who fails to remit the information
and levy to the Corporation in accordance with subsection (2),
commits an offence and is liable, upon conviction—
to a fine not exceeding ten thousand penalty units; and
to a fine not exceeding one thousand penalty units in respect
of each television receiver or television tuner sold. (4) A dealer shall maintain records of information relating to
the purchaser of any television receiver or television tuner, in the
prescribed manner and form. 27. (1) The Corporation shall establish an inspectorate unit Inspectors
and may appoint such number of inspectors as are necessary to
enforce the provisions of this Act. An inspector appointed under this section shall be issued
with a certificate of appointment which shall be prima facie
evidence of the inspector's appointment as such. An inspector carrying out any function under thisAct shall,
on demand by a person affected by the exercise of the inspector's
power under this Act, produce for inspection the certificate referred
to in subsection (2). 28.

y a person affected by the exercise of the inspector's
power under this Act, produce for inspection the certificate referred
to in subsection (2). 28.

(1) An inspector may demand the production of, and Powers of
inspect or make copies of, information maintained pursuant to section inspectors
twenty six.

An inspector may demand the production of, and Powers of
inspect or make copies of, information maintained pursuant to section inspectors
twenty six.

Zambia National Broadcasting
122 No. 16 of 2010] Corporation (Amendment)
An inspector or police officer may, upon probable cause
shown on oath to a subordinate court, obtain a warrant to enter
upon and search or examine the premises prescribed in the warrant
in order to ascertain whether any offence under this Act is being
committed on the premises. Where an inspector or police officer has reasonable grounds
to believe that a person has not paid a television levy under this
Act, the inspector or police officer shall serve on that person a
notice in the prescribed form. (4) A person who fails to comply with a notice issued under
subsection (3) commits an offence and is liable, upon conviction, to
a fine not exceeding one thousand penalty units. Obstruction 29. (1) A person commits an offence if that person—
of inspectors (a willfully delays or obstructs an inspector in carrying out
the inspector's duties under this Act; or
(b) knowingly or negligently gives an inspector false or
misleading information orally, in writing or otherwise. (2) Any person who commits an offence under subsection (1)
is liable, upon conviction, to a fine not exceeding one thousand five
hundred penalty units.

2) Any person who commits an offence under subsection (1)
is liable, upon conviction, to a fine not exceeding one thousand five
hundred penalty units.

30. A person shall not assume for the purposes of business or
be registered under the Companies Act, under —
the name "Zambia National Broadcasting Corporation";
Or
a name which includes the word "broadcast" or
"broadcasting" or "diffusion" or "rediffusion" with the
word "National", "Zambia", "Zambian", "State" or
Corporation". Regulations 31. (1) The Minister may, on the recommendation of the
Corporation, by statutory instrument, make regulations to prescribe
matters which are necessary for the better carrying out of the
purposes of this Act. (2) Without prejudice to the generality of subsection (1), the
regulations made under that subsection may prescribe—
the registration of dealers with the Corporation and the
information to be supplied to the Corporation;
the keeping of books, records and documents, the
furnishing of returns and the supply of information to
the Corporation relating to the dealings in television
receivers and television tuners;
Restriction
on use of
name of
Corporation
Cap. 388

ormation to
the Corporation relating to the dealings in television
receivers and television tuners;
Restriction
on use of
name of
Corporation
Cap. 388

Zambia National Broadcasting
Corporation (Amendment) [No. 16 of 2010 123
the fees to be paid under the provisions of this Act;
the form of notices required to be served under this Act;
(e) the methods of payment and collection of fees payable
under this Act; and
a any other matters required to be prescribed under this Act.

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