Section 29A: Disciplinary proceedings

29A. Disciplinary proceedings (1) Where the Director has reason to believe that a licensee – (a) has contravened this Act or regulations made under this Act, the Codes, any direction or any condition of his licence; (b) has not complied with the laws of Mauritius; (c) has committed a financial crime offence; Acts 2021 619 (d) no longer fulfils any condition or criterion specified under the Act for the grant of a licence; (e) is not a fit and proper person, he may refer the matter to the Authority for a decision. (2) The Authority may decide to impose an administrative penalty or refer the matter to an appropriate body. (3) (a) The Director may also refer to the Authority a public complaint in relation to the matters referred to in section 29A(1)(a). (b) A person aggrieved by a broadcast, or his authorised agent, may, within 30 days of the broadcast, make a complaint in writing to the Director. (4) Where a matter is referred under subsection (1) or (3) and the Authority considers that the imposition of an administrative penalty is warranted, it shall, in a notice issued to the licensee specify – (a) the intention of the Authority to impose an administrative penalty; (b) the type and terms of the administrative penalty; and (c) the right of the licensee to make written representations to the Authority within such delay as the Authority may determine in the circumstances, but not exceeding 21 days from the date of the notice. (5) Where – (a) after considering the written representations under subsection (4)(c); or (b) no written representations are received within the delay specified in the notice under subsection (4)(c); and 620 Acts 2021 (c) the Authority decides to maintain its recommendation for the imposition of an administrative penalty, it shall issue a written notification to the licensee, stating the type and the terms of the administrative penalty. (6) Any licensee who is aggrieved by the decision of the Authority under subsection (5) – (a) may, within 21 days of the issue of the written notification, make an application to the Secretary of the Independent Broadcasting Review Panel specifying the reasons for a review of the decision; and (b) shall, at the same time, file a copy of his application with the Authority. (7) Where a licensee is unable to make an application within the delay specified in subsection (6)(a) and he proves to the satisfaction of the Independent Broadcasting Review Panel that his inability to do so was due to illness or any other reasonable cause, the Independent Broadcasting Review Panel may accept to hear the belated application on such terms and conditions as it may determine. (8) Notwithstanding an application under subsection (6)(a) but subject to subsection (10), the decision of the Authority under subsection (5) shall be given effect immediately after the period of 21 days from the date of the decision. (9) The decision of the Authority shall be published in the Gazette in such form and manner as the Director may determine. (10) The Independent Broadcasting Review Panel may, after hearing the person aggrieved by the decision or upon examination of an application under subsection (6), within 7 days of a receipt of the application and pending the hearing of the application on its merits, suspend the implementation of the decision of the Authority under subsection (5) on such terms and conditions as it may determine. Acts 2021 621 (11) Any administrative penalty issued by the Authority pursuant to its p may determine. (10) The Independent Broadcasting Review Panel may, after hearing the person aggrieved by the decision or upon examination of an application under subsection (6), within 7 days of a receipt of the application and pending the hearing of the application on its merits, suspend the implementation of the decision of the Authority under subsection (5) on such terms and conditions as it may determine. Acts 2021 621 (11) Any administrative penalty issued by the Authority pursuant to its powers under section 5(5) shall be a debt due to the Authority and may be recovered by the Authority as a civil debt in a Court of competent jurisdiction. (12) Any administrative penalty paid to the Authority shall be credited to the General Fund. (13) This section shall be in addition to, and not in derogation of, the powers of the Authority in sections 24 and 25. (14) Nothing in this section shall be construed as limiting the powers of the Authority as provided for in sections 24 and 25 where a licensee has breached subsection (1). Sub-Part B – Independent Broadcasting Review Panel