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Broadcasting Regulations 1989

NIUE LAWS
LEGISLATION AS AT DECEMBER 2006

BROADCASTING

BROADCASTING REGULATIONS 1989

1989/1 – 1 July 1989

1 Title
2 Interpretation
3 Sitting allowances for Directors
4 Registration of owners of television installations
5 Register to be kept
6 Effect of registration
7 Annual fee for television
8 Payment of annual fee
9 Default in payment
10 Fees for other services
11 Unregistered users
12 Offence for unlawful use
13 Powers of Corporation to conduct inquiries
14 Powers of Corporation to take legal proceedings

SCHEDULE

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1 Title

These are the Broadcasting Regulations 1989.

2 Interpretation

(1) In these Regulations –

"Act" means the Broadcasting Act 1989;

"Director" means a Director of the Corporation appointed under section 10 of the Act;

"person" includes any company, or business or organisation, or other statutory body but does not include the Crown in right of the Government of Niue or any department or office of the Government;

"television installation" means an apparatus designed to receive by means of electric or electromagnetic energy, either with or without artificial guide, sounds and visual images.

(2) Subject to paragraph (1), the expressions defined in the Act have the meanings so defined.

3 Sitting allowances for Directors

(1) Every Director of the Corporation shall be paid an allowance of $40 per meeting for every meeting that Director attends.

(2) The allowances payable to the Directors shall be a charge upon the funds of the Corporation.

4 Registration of owners of television installations

(1) [Spent]

(2) Any person who becomes an owner or user of a television installation which receives or is being used to receive transmissions from Television Niue shall, as soon as practicable and in no case later than 21 days after the date he receives transmission from Television Niue, inform the Corporation of that fact for the purposes of having his name registered as a person to which these Regulations apply.

5 Register to be kept

For the purposes of regulation 4, the Corporation shall keep a register of all persons receiving transmissions from Television Niue.

6 Effect of registration

(1) Every person registered under the foregoing regulations shall, upon due registration but subject to regulations 7 and 8, acquire the rights to receive transmissions from Television Niue.

(2) A person falling under paragraph (1) is a ‘registered user’.

7 Annual fee for television

(1) Every registered user shall, in respect of acquiring rights to receive television transmissions from Television Niue, be charged an annual fee by the Corporation.

(2) The amount of the annual fee shall be $260.

8 Payment of annual fee

(1) The annual fee shall be paid to the Corporation on a quarterly basis, falling due on the 1st day of the months of January, April, July and October in each year.

(2) Every payment shall be made no later than 14 days after the day it is due.

(3) [Spent]

(4) Any registered user who fails to pay the fee on or before the time provided under this Regulation shall, as from the date of such default, be regarded as a person in default to whom regulation 9 apply.

(5) Notwithstanding paragraph (1) any registered user may pay the full annual fee in one instalment.

9 Default in payment

(1) Any registered user who defaults in payment under regulation 8(1) shall for every day of such default be charged a penalty interest of 2% on the amount due.

(2) Any person who defaults in excess of 21 days shall, on the day immediately after that 21 days no longer be regarded as a registered user, and thereupon, becomes a person to whom regulations 11 and 12 apply.

10 Fees for other services

For the purposes of advertisements, notices, or other services to be provided by the Corporation, the rates to be charged by the Corporation are those as set out in the Schedule.

11 Unregistered users

No person, other than a registered user under these Regulations shall have any rights to receive, abstract, or use any television transmission from Television Niue.

12 Offence for unlawful use

(1) For the purposes of section 188 of the Niue Act 1966, it is hereby declared that television transmission is a thing capable of being stolen.

(2) Any person who is not a registered user or who is a person to whom regulation 9(2) applies, who knowingly or fraudulently receives, abstracts, or uses television transmission from Television Niue commits theft and upon conviction is liable to punishment as provided under section 192 of the Niue Act 1966.

POWERS OF CORPORATION

13 Powers of Corporation to conduct inquiries

(1) The Corporation shall have the power to conduct inquiries as may be necessary to ensure compliance with these Regulations.

(2) Without limiting the powers of the Corporation under paragraph (1) the Corporation shall have the power to authorise any of its officers to –

(a) Enter any place, premises or building;

(b) Obtain information from any person or occupant of such place, premises or building;

(c) Conduct any tests to ascertain whether or not any television installation in such place, premises, or building is receiving transmissions from Television Niue.

(3) No officer shall enter any place, premises or building without first giving notice to the owner or occupier of any such place, premises, or building.

(4) In the exercise of the powers under this regulation, the Corporation shall ensure that as little inconvenience as possible is caused to the owners or occupants of any place, premises or building.

14 Powers of Corporation to take legal proceedings

(1) For the purposes of these Regulations, the Corporation may take legal proceedings in its own motion through its officers, or through an appointed agent or attorney, or through the Niue Police.

(2) Any proceedings under regulation 12 may include proceedings for the recovery of any fees due to the Corporation under regulation 7 or 10.

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SCHEDULE