CHAPTER 180 BROADCASTING
S 9/97
Amended by S 46/98
(31st October 2000)
2000 Ed. Broadcasting CAP. 180
LAWS OF BRUNEI REVISED EDITION 2000
CHAPTER 180 BROADCASTING
ARRANGEMENT OF SECTIONS Section
PART I PRELIMINARY
PARTII FUNCTIONS,DUTIESANDPOWERSOF MINISTE~
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2 | CAP. 180 | Broadcasting |
PART III | ||
LICENSING SCHEME | ||
8. | Power of Minister to grant licences. | |
9. | Codes of Practice. | |
10. | Restriction on transfer of licences. | |
PART IV | ||
BROADCASTING SERVICES | ||
11. | Licensing of broadcasting services. | |
12. | Class licences. | |
13. | Modification of broadcasting licence conditions. | |
14. | Modification of class licence conditions. | |
15. | Suspension or cancellation of broadcasting licence etc., | |
16. | Compliance with Codes of Practice etc., | |
17. | Free-to-air broadcasting services. | |
18. | Submission of broadcasting material to Minister. | |
19. | Directions of Minister. | |
20. | Public service broadcasting services. | |
21. | General requirements regarding public service programmes. | |
22. | "Must carry" provision. |
2000 Ed.
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PARTV BROADCASTING APPARATUS
23.
Licensing of broadcasting apparatus.
24.
Application of parts of Act to broadcasting apparatus licences.
25.
Frequency planning criteria.
26.
Assignment of frequencies.
27.
Separate licence for use of frequency not required.
28.
Transmission area requirements.
29.
Sharing of facilities.
Inspection and testing of broadcasting apparatus.
Provision of building space etc., by owner or developer of building or
land.
Orders proscribing unacceptable foreign broadcasting services.
Offence of supporting proscribed foreign broadcasting services.
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PART IX
OWNERSHIP AND CONTROL OF BROADCASTING COMPANIES
34. | Application of this Part to broadcasting companies. |
35. | Special features of broadcasting company. |
36. | No person to hold more than 3% ordinary shares without approval. |
37. | Funds from foreign source for purposes of broadcasting service. |
38. | Broadcasting company owned by foreign source. |
39. | Appeal under this Part. |
PART X | |
OFFENCES AND PENALTIES | |
40. | Offences relating to licensable broadcasting services. |
41. | Offences relating to installation, etc., of broadcasting apparatus. |
42. | Unauthorised decoders. |
43. | Offence of hindering person discharging duty. |
44. | Power of Minister to requisition information. |
45. | Power of police officer, etc., against unlicensed broadcasting service |
or apparatus. | |
46. | Power of arrest and search. |
47. | No entitlement to costs or damages. |
48. | Offences'against other laws. |
49. | Offences committed by bodies corporate. |
50. | Power to compound offences. |
PART XI | ||
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MISCELLANEOUS | PROVISIONS | |
51. | Appeal to His Majesty in Council. | |
52. | Exemption. | |
53. | Equipment of licensee not subject to distress, etc. | |
54. | International dealings of Minister. | |
55. | Government's right to determine international relations. | |
56. | Service of notice etc., | |
57. | Amendment of First and Second Schedules. | |
58. | Regulations. | |
FIRST SCHEDULE | ||
SECOND SCHEDULE |
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BROADCASTING ACT
An Act | to | regulate | dealing | in, | the | operation | of and | ownership | in | |||
---|---|---|---|---|---|---|---|---|---|---|---|---|
broadcasting | services | and | broadcasting | apparatus, | and | for | ||||||
connected purposes | ||||||||||||
Commencement.. | 15th March 1997 | |||||||||||
[S 9/97] |
PART I
PRELIMINARY
Citation.
1. This Act may be cited as the Broadcasting Act.
Interpretation.
2. In this Act, unless the context otherwise requires
"broadcasting apparatus" means any apparatus capable of, or designed or constructed for, the reception of any broadcasting service and specified in the First Schedule;
"broadcasting apparatus licence" means a licence granted under section 23 in respect of broadcasting apparatus;
"broadcasting company", for the purposes of Part IX, shall be construed in accordance with subsection (2) of section 34;
"broadcasting licence" means a licence granted under section 11 or 12 for the broadcast of a licensable broadcasting service;
"broadcasting service" means a service whereby signs or signals transmitted,whetheror not encrypted,comprise
by persons having equipment appropriate for receiving, or receiving and displaying, as the case may be, that service, irrespective of the means of delivery of that service;
"class licence" means a licence determined under section 12 to be applicable to certain licensable broadcasting services;
"Code of Practice" means a Code of Practice issued under subsection (1) of section 9;
"Director of Broadcasting" means the person appointed under subsection (1) of section 5;
"dwelling-house" includes a hotel, inn, boarding-house or other similar establishment;
"encrypted" means treated electronically or otherwise for the purpose of preventing intelligible reception;
"foreign broadcasting service" means a broadcasting service which transmits from outside Brunei Darussalam broadcasting services which are capable of being received in Brunei Darussalam;
"foreign source", for the purposes of sections 37 and 38, shall be construed in accordance with subsection (9) of section 37;
"free-to-air broadcasting service" means a licensable broadcasting service made available for reception in not less than two dwelling-houses by broadcasting apparatus commonly available to the public without payment of a subscription fee;
"free-to-air licence" means a broadcasting licence granted under this Act for the operation of a free-to-air broadcasting service;
"fund", for the purposes of sections 37 and 38, shall be construed in accordance with subsection (9) of section 37;
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"licence" means a licence granted under any provision of this Act;
"licensable broadcasting service" means any broadcasting service specified in the Second Schedule;
"Minister" means the Minister for the time being designated by His Majesty the Sultan and Yang Di-Pertuan to be responsible for broadcasting matters;
"part of the public" includes residents in a particular place, employees of any firm, company, or organisation, occupiers of a particular building or part thereof and members of any profession, club or society;
"programme", in relation to a broadcasting service, means
but does not include any matter that is wholly related to or connected with
(iii) communications in such other circumstances as may be prescribed;
"regulations" means regulations made under this Act;
"relevant licence", for the purposes of Part IX, shall be construed in accordance with subsection (2) of section 34;
"state of emergency" means a state of emergency declared by His Majesty the Sultan and Yang Di-Pertuan under section 83 of the Constitution;
"subscription broadcasting service" means a licensable broadcasting service made available to the audience for whom it is intended only upon the payment of a subscription fee;
"subscription fee" means any form of consideration.
PART II
FUNCTIONS, DUTIES AND POWERS OF MINISTER
Functions, duties and powers of Minister.
3. (1) The Minister shall exercise and perform such functions, duties and powers as are conferred on him by or under this Act.
(b) to act internationally as the national authority or
representative of Brunei Darussalam in respect of broadcasting matters;
Directions by Minister.
4. (1) The Minister may, after consultation with any licensee, give to
him such written directions as he thinks fit as to the exercise by that licensee of his functions under this Act.
(2) Without prejudice to the generality of subsection (1), if it appears to the Ministerto be requisiteor expedientto do so
(a) during a state of emergency, in the public interest or in the interests of public security, national defence or relations with the Government of another country; or
(b) in order
(iii) to enable the Government to become a member of such an organisation or a party to a treaty,
the Minister may, after consultation with any licensee, give such written directions to him as are necessary in the circumstances of the case.
interest.
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(7) If any doubt arises whether any act done under this section was in the public interest or in the interests of public security, national defence or relations with the Government of another country, a certificate signed by the
Minister shall be conclusive evidence of the matters stated therein.
Director of Broadcasting.
5. (1) His Majesty the Sultan and Yang Di-Pertuan shall appoint a fit and proper person to be the Director of Broadcasting under and for the purposes of this Act.
(2) The Director of Broadcasting shall be responsible to the Minister for the proper administration of this Act in accordance with the policy laid down by the Minister.
(3) The office of Director of Broadcasting shall be a public office.
Protection from personal liability.
PART III
LICENSING SCHEME
Power of Minister to grant licences.
8. (1) The Minister may, with the approval of His Majesty the Sultan andYangDi-Pertuan,grantthe followinglicences
(2) The Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, shall grant licences under subsection (1) in such categories as he may determine are appropriate for the regulation of the broadcasting industry.
Codes of Practice. \
9. (1) The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, issue and review
Restriction on transfer of licences.
10. No licence shall be transferable without the prior written approval of the Minister, and any purported transfer without such approval shall for all purposes be void and of no effect.
PART IV
BROADCASTING SERVICES
Licensing of broadcasting services.
11. (1) No person shall provide any licensable broadcasting service in or
from Brunei Darussalam without a broadcasting licence granted by the Minister under this section.
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12. (1) The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan and by notification published in the Gazette, determine a class licence, being a broadcasting licence, for the provision of such subscription broadcasting services and other licensable broadcasting services as he may specify.
not recur.
13. (1) The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, modify the conditions of a broadcasting licence, other than a class licence, in accordance with this section.
(2) Before making any modification to the conditions of a
broadcasting licence under this section, the Minister shall give written noticeto the licensee
(b) specifying the time, being not less than 28 days from the
date of service of notice on the licensee, within which written representations with respect to the proposed modification may bemade.
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(3) After receipt of any representations referred to in paragraph (b) of subsection(2),the Ministershallconsiderthemandmay
(a) reject the representations; or
(b) amend the proposed modification or compensation payable in accordance with the representations, or otherwise,
and, in either event, shall thereupon issue a written direction to the licensee requiring that effect be given to the proposed modification specified in the notice, or to such modification as subsequently amended by him, within a
reasonable time.
that subsection.
Modification of class licence conditions.
14. The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan and by notification published in the Gazette
Suspension or cancellation of broadcasting licence etc.
15. (1) If the Minister is satisfied that
he may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, by notice in writing and without any compensation, do either or both of the following
(2) Any person aggrieved by a decision of the Minister under this section may, within 14 days of the receipt of the notice referred to in subsection (1), appeal to His Majesty the Sultan and Yang Di-Pertuan in Council, whose decision shall be finaL
Compliance with Codes of Practice etc.,
16. (1) Every broadcasting licensee shall comply with the Codes of
Practice.
(2) No broadcasting licensee shall allow to be transmitted a broadcasting service other than in accordance with any broadcast standards specified in any regulations or Code of Practice or any condition which may be incorporated in his broadcasting licence.
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Free-to-air broadcasting services.
17. (1) A free-to-air licensee shall provide broadcasting services in such languages as may be specified in his licence.
(2) A free-to-air broadcasting service shall be broadcast for not less
than such number of hours during each day as may be specified in the licence.
Submission of broadcasting material to Minister.
18. (1) A broadcasting licensee shall supply to the Minister on demand any material, including the script thereof, which is intended for broadcasting.
Directions of Minister.
19. (1) The Minister may issue directions in writing to a broadcasting licensee requiring the licensee to take such action with regard to the contents of programmes or advertisements or to broadcast standards as he considers necessary in order to comply with the provisions of this Act, any Code of Practice and any condition attached to the broadcasting licence.
subsection (1) is guilty of an offence and liable on conviction to imprisonment for a term not exceeding 2 years, a fine not exceeding $20,000
or both.
Public service broadcasting services.
20. A broadcasting licensee shall include, within the broadcasting services required to be broadcast by him under his broadcasting licence, programmes provided by the Government, including programmes for schools or other educational programmes, news and information programmes and arts and cultural programmes, whether or not produced in Brunei Darussalam, and also drama and sports programmes produced in Brunei Darussalam, as may be required by the Minister pursuant to the
conditions of the licence.
General requirements regarding public service programmes.
21. (1) Programmes required under section 20 or pursuant to a condition attached to a broadcasting licence to be broadcast by a broadcasting licensee shall be broadcast without charge or with such subsidy as may be provided in
the licence.
(2) A broadcasting licensee shall, on the written request of the Minister and on receipt of reasonable notice, make available to him without charge such part of the broadcasting apparatus as the Minister may specify in writing for the purpose of broadcasting programmes required to be broadcast under section 20 or pursuant to a condition attached to the licence.
"Must carry" provision.
22. (1) Notwithstanding anything in this Act but subject to this section, the Minister may, by a written direction, require a broadcasting licensee to providefortransmissionandreceptionanybroadcastingservicewhichis
(a) provided by any other person for such transmission and reception; and
(b) specified in his licence or is of a description so specified.
made.
,
PART V
BROADCASTING APPARATUS
Licensing of broadcasting apparatus.
23.
(c) operate or have on any premises in Brunei Darussalam
owned or occupied by him broadcasting apparatus on or by which broadcasting services are received,
except under and in accordance with a licence granted under this section.
Application of parts of Act to broadcasting apparatus licences.
24. Sections 13, 15 and 19 shall apply, mutatis mutandis, to broadcasting apparatus licences and broadcasting apparatus licensees.
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PART VI
FREQUENCY PLANNING
Frequency planning criteria.
25. In perfonning his functions under this Act, the Minister shall have regardto
(f) such other matters as he considers appropriate.
Assignment of frequencies.
which that broadcasting licence is in force and for the purposes permitted by
that licence.
PART VII
BROADCASTING CONDITIONS
Transmission area requirements.
28. (1) A broadcasting licensee shall, within such time as may be specified in the broadcasting licence, broadcast in such a manner as to enable broadcasting services to be received to the satisfaction of the Minister
throughout Brunei Darussalam or within such areas thereof as he may specify therein.
(2) The Minister may in writing direct a free-to-air licensee to publish, in such manner as he may require, the commencement dates for broadcasting the services and the areas of Brunei Darussalam within which they may be received satisfactorily.
Sharing of facilities.
29. The Minister may in writing direct any broadcasting licensee or broadcasting apparatus licensee to co-ordinate and co-operate, in such manner and on such terms as he may specify, with any other licensee or any other person specified by him in the use or sharing of any broadcasting apparatus or related equipment or facility owned, operated or used by the broadcasting licensee or broadcasting apparatus licensee for the purpose of broadcasting, whether or not they have been provided, or are intended to be provided, by the licensee, any other licensee or any other person specified by
the Minister.
Inspection and testing of broadcasting apparatus.
30. (1) The Minister and any person authorised by him in writing may, at any reasonable time, inspect and test any broadcasting apparatus used, or intended to be used, by a broadcasting apparatus licensee for the transmission of any broadcasting service for the purpose of ascertaining whether or not the licensee is complying, or will comply, at all times with the broadcast standards prescribed by this Act or the regulations, the Codes of
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Practice and the conditions of its broadcasting apparatus licence in respect of the transmission of broadcasting services.
(2) The directors, principal officers and other employees of a broadcasting apparatus licensee shall, for the purpose of any inspection or testundersubsection(1)
31. (1) Where the Minister considers it necessary that any licensable broadcasting service should be provided to any building and is of the opinion that any broadcasting apparatus, installation or plant to be used in providing the service has to be installed within or on the building or any land, he may in writing direct the developer or owner of the building or land to provide, within such period as may be specified in the direction, such broadcasting apparatus, installation, plant or space, of a standard acceptable to the Minister, within or on the building or land and such access thereto as he may reqUIre.
(2) Where the Minister considers it necessary that the reception of any licensable broadcasting service in any building in any area should be facilitated and is of the opinion that any broadcasting apparatus, installation or plant to be used in facilitating such reception has to be installed within or on any building or land in that area or any other area, he may in writing direct the developer or owner of the building or land to provide, within such period as may be specified in the direction, access to the building or land and access to or interconnection with any broadcasting apparatus, installation or plant within or on the building or land.
and (b) such other requirements as he may specify.
PARTVIII
FOREIGN BROADCASTING SERVICES
32. (1) If the Minister considers that the quality or content of any foreign broadcasting service is unacceptable and that the service should be the subject of an order under this section, he may make an order proscribing that foreign broadcasting service for the purposes of section 33.
(2) The Minister shall not consider a foreign broadcasting service to be unacceptable for the purposes of subsection (1) unless he is satisfied that the content of that service included any matter which was against the public interest or national harmony or which offended against good taste or decency.
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Offence of supporting proscribed foreign broadcasting services.
33. (1) This section applies to any foreign broadcasting service which has been proscribed for the purposes of this section by an order made under section 32; and references in this section to a proscribed service are references to any such service.
PART IX
OWNERSHIP AND CONTROL OF BROADCASTING COMPANIES
34. (1) This Part shall apply to every broadcasting company unless exempted in writing by the Minister.
(2) For the purposes ofthis Part
"broadcasting company" means a broadcasting company
registered under the Companies Act (Chapter 39) which holds a
relevant licence;
"relevant licence" means
(a) any free-to-air licence; or
(b) any broadcasting licence under which a subscription broadcasting service may be provided,
which permits broadcast which is capable of being received in
ten thousand dwelling-houses or more, but does not include a
class licence; or
(c) such other broadcasting licence as the Minister may from time to time specify in the public interest or in the interests of public security or national defence.
35. (1) Subject to subsection (2), the chief executive officer of a
broadcasting company and at least one-half of its directors must be citizensof Brunei Darussalam.
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No person to hold more than 3% ordinary shares without approval.
36. (1) No person shall, without the prior written approval of the Minister, hold, directly or indirectly through a nominee, more than 3% of the ordinary shares issued by a broadcasting company.
him shall be forfeited to the Government.
Funds from foreign source for purposes of broadcasting service.
37. (1) Subject to this section, no person shall, without the prior written approval of the Minister, receive any fund from any foreign source for the purposes of financing, directly or indirectly, wholly or in part, any broadcasting service owned or operated by any broadcasting company.
(7) Nothing in this section shall apply to any dealing by any person
in the shares of a broadcasting company quoted on any stock exchange inBrunei Darussalam.
(8) Any person who contravenes or fails to comply with subsections (1), (3) or (4) is guilty of an offence and liable on conviction to imprisonment
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for a term not exceeding 3 years, a fine not exceeding $10,000 or both; and the court may, in addition to any other penalty, order the forfeiture to the Government of any fund which is the subject of the charge.
(9) For the purposes ofthis section and section 38
"foreign source" includes
"fund" means money, securities, movable or immovable propertyor other valuable consideration.
Broadcasting company owned by foreign source.
receipt of written notice of such refusal, appeal to His Majesty the Sultan and Yang Di-Pertuan, whose decision shall be final.
PART X
OFFENCES AND PENALTIES
Offences relating to licensable broadcasting services.
40. Any person who contravenes or fails to comply with subsection (1) of section 11 is guilty of an offence and liable on conviction to imprisonment for a term not exceeding 3 years, a fine not exceeding $200,000 or both, and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after
conviction.
Offences relating to installation, etc., of broadcasting apparatus.
41. Any person who contravenes or fails to comply with subsection (1) of section 23 is guilty of an offence and liable on conviction to imprisonment for a term not exceeding 3 years, a fine not exceeding $40,000 or both; and any broadcasting apparatus installed or found in the possession of any person
so convicted shall be forfeited to the Government.
Unauthorised decoders.
42. (1) No person shall, in the course of any trade or business, import, manufacture, sell, offer for sale, or let for hire any unauthorised decoder.
an unauthorised decoder.
(4) For the purposes ofthis section-
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CAP. 180 Broadcasting 2000 Ed.
"decoder" means any apparatus or component part thereof designed or adapted to enable (whether on its own or with any other apparatus) an encrypted audio or visual programme to be decoded;
"unauthorised decoder" means a decoder which will enable encrypted audio or visual programmes to be viewed in decoded form without payment of the subscription payable in respect of the right to view those programmes.
43. Whoever obstructs or hinders any person who is acting in the discharge of his duty under this Act or the regulations is guilty of an offence and liable on conviction to a fine not exceeding $5,000.
44. (1) The Minister or any person authorised by him in writing may by written notice require any person to furnish the Minister or the person so authorised, within such period as shall be specified in the notice, with all such documents or information relating to all such matters as may be required by the Minister for the purposes of this Act and as are within the knowledge ofthat person, in his custody or under his control.
(2) Any person who, on being required by any notice under subsection (1) to furnish any document or information, fails to comply with any requirement of the notice is guilty of an offence.
is guilty of an offence.
(4) Any person guilty of an offence under subsections (2) or (3) is liable on conviction to imprisonment for a term not exceeding one year, a fine not exceeding $5,000 or both.
Power of police officer etc., against unlicensed broadcasting service or apparatus.
45. (1) Any police officer or any person authorised by the Minister in writing may, if he has reasonable grounds for believing that a broadcasting service has been or is being provided in contravention of this Act or any regulations, or in breach of any licence, or that any broadcasting apparatus used has not been licensed by the Minister, enter and inspect any premises and seize any broadcasting apparatus found therein which appears to be used for or in connection with broadcasting.
(2) If there is no prosecution with regard to any broadcasting
apparatus seized under this section, such broadcasting apparatus shall beforfeited to the Government unless a claim thereto is made within 2 months from the date of seizure.
(3) Any person asserting that he is the owner of any broadcasting
apparatus so seized may give written notice to the Minister that he claims the same.
Power of arrest and search.
46. (1) The Director of Broadcasting or any person authorised by him in writingto act underthis sectionmayarrestwithoutwarrant
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and may search any person so arrested, except that no female shall be searched except by a female.
No entitlement to costs or damages.
47. No person shall, in any proceedings before any court in respect of any apparatus, equipment, article, book or document seized in the exercise or the purported exercise of any power conferred under this Act, be entitled to the costs of the proceedings or to any damages or other relief other than an order for the return of the apparatus, equipment, article, book or document or the payment of their value, unless the seizure was made without reasonable or probable cause.
Offences against other laws.
48. Nothing in this Act shall prevent any person from being prosecuted under any other law for any act or omission which constitutes an offence under that law, or from being liable under that other law to any punishment or penalty higher or other than that provided by this Act or the regulations, but no person shall be punished twice for the same offence.
Offences committed by bodies corporate.
49. Where an offence under this Act or the regulations committed by a
body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any act or default on the part of, a director, manager, secretary or other similar officer of that body, or of a person purporting to act in any such capacity, he, as well as the body corporate, is guilty of that offence and liable to be proceeded against and punished accordingly.
Power to compound offences.
50. (1) The Minister may, in his discretion, in writing compound any offence under this Act or the regulations which is prescribed as being an offence which may be compounded, by collecting from the person reasonably suspected of having committed the offence a penalty not exceeding $1,000.
(2) The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, make regulations prescribing the offences which may be compounded.
PART XI
MISCELLANEOUS PROVISIONS
Appeal to His Majesty the Sultan and Yang Di-pertuan in Council.
51. (1) Anylicenseeaggrievedby
may appeal to His Majesty the Sultan and Yang Di-Pertuan in Council.
Practice.
(4) The decision of His Majesty the Sultan and Yang Di-Pertuan in Council in any appeal shall be final.
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Exemption.
52. The Minister may, in his discretion, and subject to such conditions as he may think fit, in writing exempt any person or class of persons from all or any of the provisions of this Act or the regulations.
Equipment of licensee not subject to distress, etc.
53. (l) No equipment or related facility of a licensee used for providing, transmitting or delivering licensable broadcasting services shall be subject to distress or be liable to be taken in execution under any process of a court in any bankruptcy, insolvency or liquidation proceedings by any person without the prior approval of the Minister in writing.
(2) This section does not apply to any class licensee.
International dealings of Minister.
54. For the purposes of the conduct of any international broadcast but subject to this Act, the Minister may enter into direct communication, arrangement and agreement with the lawfully constituted broadcasting authority of any country or with any duly authorised international agency or organisation concerned with broadcasting, as the case may be, for the purpose of providing facilities, fixing rates, arranging terms of payment or accounting, for operational, engineering or administrative purposes or for any other purpose necessary for the proper fulfilment of his functions, duties and powers under this Act.
Government's right to determine international relations.
55. Nothing in section 54 shall be deemed to abrogate the right of the Government at any time to determine its relations with any country or with any international organisation, and the Minister shall so discharge his functions, duties and powers as to comply with and fulfil all international agreements, conventions or undertakings relating to broadcasting to which Brunei Darussalam is a party.
Service of notice etc.,
56. (l) Unless otherwise expressly provided in this Act, any notice, order or other document required or authorised by this Act or the regulations
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to be given or served on any person, and any summons issued by a court in connection with any offence under this Act or the regulations may be served on the person concerned
(e) where the person is a body corporate
(i) by delivering it to the secretary or other like officer of the body corporate at its registered or principal office;
or
(ii) by sending it by registered post addressed to the body corporate at its registered or principal office.
(2) Any notice, order, other document or summons sent by registered post to any person in accordance with subsection (1) shall be deemed to have been duly served on him when it would, in the ordinary course of post, have been delivered, and in proving service it shall be sufficient to prove that the envelope containing the notice, order, other document or summons was
properly addressed, stamped and posted by registered post.
57. (1) The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, by notification in the Gazette, amend the First and Second Schedules.
(2) The Minister may, in any notification made under subsection (1), include such incidental, consequential and supplementary provisions as he considers are necessary or expedient.
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Regulations.
58. (1) The Minister may, with the approval of His Majesty the Sultan and YangDi-Pertuan, make regulations
(2) Such regulations may make different provision as respect different classes of case to which they apply, and may include such incidental, consequential and supplementary provisions as the Minister considers necessary or expedient.
FIRST SCHEDULE (Section 2)
BROADCASTING APPARATUS
For the purposes of this Schedule
"broadcast sound receiver" means any apparatus used for the aural reception of any broadcasting service;
"broadcast television receiver" means any apparatus used for the visual and aural reception in monochrome or colour of any broadcasting service;
"television receive-only satellite receiving system" means any apparatus (including a dish antenna) or any combination of apparatus capable of direct reception of any broadcasting service emitted from or passing through any communication or broadcast satellite in extra-terrestrial space.
SECOND SCHEDULE
(Section 2) LICENSABLE BROADCASTING SERVICES
I. Free-to-air nationwide television services.
II. Subscription nationwide radio services.
reason only that facilities or expertise are provided for the delivery of any broadcasting service, be deemed to be a licensable broadcasting service.
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