Call of Views on Draft Communications (Infringement Notice Regime) Declaration 2019

COMMUNICATIONS (INFRINGEMENT NOTICE REGIME) DECLARATION 2019

COMMUNICATIONS ACT 2015

IN EXERCISE of the powers conferred by section 162(7) of the Communications Act 2015, the Minister makes the following Declaration:

PART I — PRELIMINARY

• Short title

This Declaration may be cited as the Communications (Infringement Notice Regime) Declaration 2019.

• Commencement

This Declaration shall come into force on the date it is published in the Gazette or otherwise in accordance with section 10(e) of the Interpretation Act (Cap.1)

• Definitions
  • Subject to subsection (2), unless the context otherwise requires, terms used in this Declaration have the same meaning as in the Communications Act 2015.
  • In this Declaration, unless the context otherwise requires:

“Act” refers to the Communication Act 2015; and

“infringement notice provision” has the same meaning in the Act.

PART II — INFRINGEMENT NOTICE REGIME

• Infringement Notice Provisions

The following provisions of the Act shall be specified as infringement notice provisions –

• Section 24;
• Section 30;
• Section 35;
• Section 36;
• Section 43;
• Section 105;
• Section 156;
• Section 159; and
• Section 169.

• Penalties

The amount of any penalty that may be payable under an infringement notice in respect of an infringement notice provision, shall not exceed the maximum fine that a court could impose for the offences, as set out in the Schedule.

Made at Nuku’alofa this [DATE] day of [MONTH] 2019.

Hon. Poasi Tei

Minister for the Ministry of Meteorology, Energy, Information, Disaster Management, Environment, Climate Change and Communications

 SCHEDULE

PENALTIES

(Declaration 5)