Independent Broadcasting Authority (Television Levy) Regulations, 2018

This section gives the short title of the Regulations.

Jurisdiction: Zambia
Instrument: Statutory instrument
Citation: SI 5 of 2018
Version: 2 Feb 2018
Language: en
Official source: View official record ↗

administrative expenses collection compliance definitions fund transfer inspection late payment levy collection levy payment levy utilisation payment deadlines recordkeeping regulatory compliance regulatory reporting remittance

Statute overview

About this statute

This section gives the short title of the Regulations. This section defines several terms used in the Regulations, including Authority, Corporation, licensee, public broadcasting service, and televison levy. These Regulations apply to a licensee and the Corporation. The television levy is set at five kwacha, and licensees and the Corporation must remit it to the Authority by the tenth day of the following month. If the television levy is not paid on time, a 5% penalty is payable for each month or part month it remains unpaid, and the Authority may waive all or part of that penalty.

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Provisions of Independent Broadcasting Authority (Television Levy) Regulations, 2018

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1
Short Title
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This section gives the short title of the Regulations.

1. These Regulations may be cited as the Independent Broadcasting Authority (Television Levy) Regulations, 2018. Interpretation
2
3. Application
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This section defines several terms used in the Regulations, including Authority, Corporation, licensee, public broadcasting service, and televison levy.

2. In these Regulations, unless the context otherwise requires— “ Authority ” has the meaning assigned to the word in the Act; “ Corporation ” has the meaning assigned to the word in the Act; “ licensee ” means the holder of a broadcasting licence authorising the holder to provide a subscriber management service; “ public broadcasting service ” means a terrestrial, satellite, cable or any electronic broadcasting medium that provides a broadcast signal in digital format and digital broadcast shall be construed accordingly; and “ televison levy ” has the meaning assigned to the word in the Act. Application
3
Application
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These Regulations apply to a licensee and the Corporation.

3. These Regulations apply to a licensee and the Corporation. Rate of levy
4
Rate of levy
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The television levy is set at five kwacha, and licensees and the Corporation must remit it to the Authority by the tenth day of the following month.

4. (1) The television levy payable under the Act shall be paid at the rate of five kwacha in respect of a broadcast signal or redistributed part thereof. (2) A licensee and the Corporation shall remit to the Authority a television levy collected under sub-regulation (1) on or before the tenth day of the month following the month in which the television levy is paid. (3) A licensee and the Corporation shall, on remitting the payments under sub-regulation (2) record the amount of the levy charged and such other particulars as the Authority may require. (4) The Authority shall transfer the television levy to the Consolidated Fund within fourteen days of receipt of the television levy.
5
Penalty for late remittance of levy
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If the television levy is not paid on time, a 5% penalty is payable for each month or part month it remains unpaid, and the Authority may waive all or part of that penalty.

5. (1) Where an amount of a television levy due is not paid within the period stipulated in regulation 4 (2), a penalty equal to five percent of the unremitted amount shall be payable by a licensee or the Corporation for each month or part thereof which the television levy remains unpaid, and for the purpose of recovery and collection, such penalty shall be considered to be a part of the television levy. Penalty for late remittance of levy 2nd February, 2018 Statutory Instruments 39 (2) The Authority may, where the Authority considers necessary, waive the whole or part of the penalty.
6
Utilisation of levy
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The levy funds must be used to pay specified broadcasting and administrative expenses.

6. of— (1) The funds from the levy shall be utilised for payment Utilisation of levy (a) expenses for the provision of a public broadcasting service including administrative costs; and (b) administrative expenses to the licensee, Corporation and the Authority as may be determined by the Minister.
7
Inspection unit
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The Authority must establish an inspectorate unit, may appoint inspectors, and inspectors must carry a certificate of appointment and produce it on demand when acting under the Regulations.

7. (1) The Authority shall establish an inspectorate unit and may appoint such number of inspectors as are necessary to enforce the provisions of these Regulations. Inspectorate unit (2) An inspector appointed under the Regulations shall be issued with a certificate of appointment which shall be prima facie evidence of the inspector’s appointment. (3) An inspector carrying out a function under these Regulations shall on demand by a person affected by the exercise of the inspector’s power under these Regulations, produce for inspection the certificate referred to in sub-regulation (2).
8
Offences and penalties
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A licensee or the Corporation must not make false subscriber declarations, hide levy-related information, remit the levy late, or evade payment of the levy.

8. (1) A licensee or the Corporation shall not— (a) make a false declaration of subscribers; (b) conceal information relevant to the levy; (c) remit the levy late; or (d) evade or avoid the payment of the levy. (2) The Corporation or licensee that contravenes subregulation (1) commits an offence and is liable on conviction to the penalty specified in the Act. LUSAKA 29th January, 2018 [MIBS.101/20/2] K. MULENGA, Minister of Information and Broadcasting Services Offences and penalties 40 Statutory Instruments 2nd February, 2018

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Independent Broadcasting Authority (Television Levy) Regulations, 2018

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Provisions of Independent Broadcasting Authority (Television Levy) Regulations, 2018

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