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Electronic Communications Act, 2005 (Act No. 36 of 2005)

Chapter 5 : Radio Frequency Spectrum

32. Control of possession of radio apparatus

 

(1) No person may possess any radio apparatus unless he or she is—
(a) in possession of a radio frequency spectrum licence granted in terms of this Chapter; or
(b) exempted as prescribed in terms of section 31(6).

 

(2) The Authority may, subject to this Act, the related legislation and other applicable law, enter onto property for purposes of inspecting radio apparatus in accordance with subsection (3).

 

(3) Where a person is found in possession of any radio apparatus in contravention of the provisions of this section, the Authority may—
(a) seal or alter such apparatus or any part thereof in order to—
(i) prevent the use of that radio apparatus for the purpose of transmission or reception; and
(ii) grant to such person a permit for a limited or indefinite period authorising the possession of that apparatus on condition that it is not, during such period, used for such purpose; or
(b) seize such apparatus, whether or not it is sealed as contemplated in paragraph (a), for disposal in terms of subsection (4).

 

(4) Radio apparatus seized under subsection (3)(b) must be held by the Authority at the cost of the person from whom it was seized until—
(a) its possession is authorised in terms of section 31; or
(b) the matter is dealt with by a court of law.