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Telecommunications Act 1983

TELECOMMUNICATIONS

ARRANGEMENT OF SECTIONS

Section

PART I

PRELIMINARY

1. Short title
2. Interpretation

PART II

PRIVILEGES AND POWERS OF GOVERNMENT

3. Exclusive Privilege
4. Power to grant
5. Revocation of licence
6. Fees and Charges for Telecommunication licence
7. Emergency Powers
8. Power to require production of messages
9. Regulations

PART III

TELECOMMUNICATION LINES AND POSTS

10. Power to place telecommunication lines and posts
11. Power to enter on property
12. Power to alter position of services
13. Determination of disputes
14. Application to remove post or
15. Lines or posts placed before commencement of Act
16. Notice of Acts likely to cause damage
17. Power of Minister to confer powers on licences

PART IV

OFFENCES

18. Unlicensed telecommunication
19. Assisting the working of an unauthorised telecommunication
20. Trespass and wilful obstruction
21. Tampering with Plant of telecommunication
22. Detaining or altering a message or revealing its content
23. Fraudulently transmitting messages
24. Impeding or delaying messages
25. False representation of authority
26. Fraudulent retention of messages
27. Offences in connection with government
28. Refusal or neglect to produce message
29. Forged telegram
30. Offences in connection with telecommunication

PART V

SUPPLEMENTAL

31. Onus of proof
32. Admissibility of transcript message in judicial proceedings
33. Exemption
34. Inspection of radio-communication station
35. Inspection of licence
36. Compounding of offences
37. Non-responsibility for loss or damage
38. Non-liability of officers for libel in message
39. Act Binds the Republic

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REPUBLIC OF KIRIBATI
(No. 17 of 1983)

I assent,

I. Tabai
Beretitenti
20/01/1984

AN ACT TO REGULATE THE LAW RELATING TO TELECOMMUNICATIONS AND CONNECTED PURPOSES

Commencement: 20/01/1984

MADE by the Maneaba ni Maungatabu and assented to by the Beretitenti.

PART I
PRELIMINARY

Short title

1. This Act may be cited as the Telecommunications Act, shall come into operation upon such date as the Minister may, by notice published in the Gazette, appoint.

Interpretation

2. In this Act, unless the context otherwise requires –

"broadcasting station" means a radio-communication station omitting - by means of Hertzian waves sound transmission intended for direct reception by the general public;

"broadcast receiving station" means a radio-communication station – designed for the reception of sound transmission from broadcasting station;

"dealer in radio communication apparatus" means any person carrying on the business of producing, manufacturing, repairing, selling, or distributing radio-communication apparatus;

"message" means any communication sent or received, or made by telecommunication, or given to a telecommunication officer to be sent by telecommunication;

"post" means a post, pole, standard, stay or other above ground contrivance for carrying suspending or supporting a telecommunication line;

"radio-communication" means any telecommunication by means of Hertzian waves;

"radio communication station" means any apparatus or any component part thereof capable of being used or being adapted for the mission or reception of Hertizian waves;

"Secretary" means the Secretary for Communications;

"telecommunication" means any system for the transmission, omission or reception of signs, signals, writings, images, and sounds or intelligence of any nature by wires, radio, visual, or other electro-magnetic systems;

"telecommunication authority" means the Secretary, and includes any other officer empowered by him to perform all or any of the functions of the telecommunications authority under this Act;

"telecommunication line" means any wire or wires used for the purpose of a telecommunication with any casing, coating, tube or pipe enclosing the name and any appliances and apparatus connected therewith for the purpose of fixing or insulating the same;

"telecommunication officer" means any person employed either permanently or temporarily in connection with a telecommunication established, maintained or worked by the Government, or by a person licensed under this Act.

PART II

PRIVILEGES AND POWERS OF GOVERNMENT

Exclusive privilege

3. The Government shall have the exclusive privilege of establishing, maintaining and working telecommunications within Kiribati.

Power to grant

4. (1) The telecommunication authority may, subject to the provisions of any regulations made under this Act, grant to any person a licence (thereinafter called a telecommunication licence) to establish or maintain or work a radio-communication station or telecommunication within Kiribati or a licence to import radio communication equipment constructed or adapted for omission subject to such terms, provisions and limitations as the telecommunications authority may think fit to impose.

(2) A telecommunication licence shall unless previously revoked, continue in force for such period as may be specified therein.

Revocation of licence

5. A telecommunication licence may be revoked at any time by the telecommunication authority upon proof to his satisfaction that the licence holder has contravened or failed to comply with any of the terms, provisions or limitations of the licence.

Fees and charges for telecommunication licence

6. (1) On the issue of a telecommunication licence, and, where the regulations under this section as provide, at such times thereafter as may be prescribed by regulations, there shall be paid to the telecommunication authority by the person to whom the licence is issued such sums as may be prescribed by regulations to be made by the Minister and different provisions may be made in relation to different licences according to the nature, terms provisions, limitations and duration thereof.

Provided that the regulations made may contain provision authorising, in such cases as are not otherwise dealt with by the regulations, the charge by the Secretary or such sums, whether on the issue or renewal of the licence or subsequently, as may in the particular case appear to him to be proper, but this proviso shall not apply to licences of any type wholly or mainly intended to meet the needs of persons desiring to use, in a private dwelling house and without making any charge to other persons, radio-communication apparatus and designed for adapted for omission (as opposed to reception).

(2) Notwithstanding anything thereinbefore contained the Minister may by regulations provide for the remission or waiver, either in whole or in part, of any sum payable in respect of a telecommunication licence.

Emergency powers

7. (1) On the occasion of any public emergency or in the interest of public safety the Beretitenti acting in accordance with the advice of the Cabinet or an officer specially authorised in that behalf by the Beretitenti may –

(a) take temporary possession of any radio-communication station or telecommunication established, maintained or worked by any person licensed under this Act;

(b) prohibit or regulate the use of radio-communication stations or telecommunications in all cases or in such cases as may be deemed desirable;

(c) order that any message or class of messages to or from any person or class or persons relating to any particular subject matter, brought for transmission by, or transmitted or received by any radio-communication station or telecommunication shall not be transmitted or shall be interrupted or detained or shall be disclosed to the Minister to any officer of the Government mentioned in the order.

Provided that any order made under paragraph (c) shall not be construed to apply to the use of radio-communication for the purpose of making or answering signals of distress.

(2) If any doubt arises as to the existence of a public emergency or whether any act done under this section was in the interest of public safety a certificate signed by the Beretitenti acting in accordance with the advice of the Cabinet and delivered to the person in charge of the radio-communication station or telecommunication shall be conclusive proof of the fact.

Power to require production of messages

8. Where it appears to the Minister that such a source is expedient in the public interest, he may be warrant under his hand require any person who owns or controls any radio-communication station or telecommunication to produce to him or to any person named in the warrant the originals and transcripts of all messages or of messages of any specified class or description or of messages sent from or addressed to any specified person or place by means of such radio-communication station or telecommunication and all other papers relating to such messages.

Regulations

9. (1) The Minister may make regulations for any purpose for which regulations may be made under this Act and for prescribing anything that may be prescribed under this Act and generally for the purpose of carrying this Act into effect and in particular but without prejudice to the generality of the foregoing may make regulations with respect to any of the following matters-

(a) the working and use of telecommunications;

(b) the examination of and issue of certificates of proficiency to operators of telegraphs or of radio-communication stations;

(c) the secrecy of telecommunications;

(d) electrical interference with the working or using of any radio-communication apparatus and the requirements to be complied with to prevent or reduce such interference;

(e) the rates at which and the conditions subject to which messages shall be accepted, transmitted or delivered by the telecommunication authority;

(f) the installation by the telecommunication authority of telephones in private houses, shops or other buildings, the use of telephones so installed and the charges and fees to be paid in respect of them;

(g) the regulation of the use of any radio-communication station on board any vessel while in the territorial waters of Kiribati;

(h) the regulation of the use of any radio-communication station on any aircraft while in or over Kiribati or the territorial waters thereof;

(i) the licensing and fees therefor, of dealers in radio-communication apparatus and the sale, transfer or use of radio-communication apparatus;

(j) the licensing and fees therefor in respect of licences granted under Section 4 of this Act;

(k) the period during which and the conditions subject to which messages and papers relating thereto, belonging to, or in the custody of the telecommunication authority shall be preserved;

(l) the fees to be charged in respect of any search made for any message or other paper relating thereto in the custody of the telecommunication authority;

(m) the levy of fees and other charges for the hire and use of equipment supplied or lot or hire by the telecommunication authority, and different regulations may be made as respects different classes or descriptions of radio-communication stations or telecommunications or as respects the same class or description of radio-communication stations or telecommunications in different circumstances.

(2) Regulations made under this section may impose penalties for any contravention or failure to comply with any of the provisions of such regulations.

(3) The penalties which may be imposed under subsection (2) shall not exceed a fine of two hundred dollars or two months imprisonment of both such fine and imprisonment together with, in the case of a continuing offence, a further fine not exceeding ten dollars for each day during which the offence continue.

PART III
POWER TO PLACE TELECOMMUNICATION LINES AND POSTS

Power to place telecommunication lines and posts

10. The Telecommunication authority may from time to time place and maintain a telecommunication line under, over, along or across, and posts in or upon, any real property and do all such works and things as may be necessary for such purpose including cutting and removing on each side of any proposed or existing line all such trees and underwood as may interfere or be likely to interfere with the construction or proper working of any telecommunication line:

Provided that –

(a) the telecommunication authority shall not exercise the powers conferred by this section except for the purpose of a telecommunication established or maintained by the Government, or to be so established or maintained;

(b) the Government shall not acquire any right other then that of user only in the property under, over, along, across, in or upon which the telecommunication authority places any telecommunication line or post; and

(c) in the exercise of the powers conferred by this section, the telecommunication authority shall do as little damage as possible, and, when he has exercised these powers in respect of any property, other than property across which a right is reserved to Government whether expressly or by implication to make telecommunications without compensation, shall pay compensation to all persons interested for any damage sustained by them by reason of the exercise of those powers.

Power to enter on property

11. The telecommunication authority, his officers, servants and agents may at any time for the purpose of examining, repairing, altering or removing any telecommunication line or post, enter on the property under, over, along, across, in or upon which the line or post has been placed.

Power to alter position of services

12. The telecommunication authority may, for the purpose of exercising the powers conferred upon him by this Act, alter the position of any high tension or other overhead wire or of any pipe (not being a main) for the supply of gas or water, or of any drain (not being a main drain):

Provided that –

(a) when the telecommunication authority desires to alter the position of any such high tension or other overhead wire or pipe or drain, he shall give reasonable notice of his intention to do so, specifying the time at which he will begin to do so, the person under whose control the wire or pipe or drain is; and

(b) a person receiving notice under the provisions of paragraph (a) may send a person to superintend the work and the telecommunication authority shall execute the work to the reasonable satisfaction of the person so sent.

Determination of disputes

13. (1) If any dispute arises concerning the sufficiency of the compensation to be paid under the provisions of paragraph (c) of section 10, it shall, on application for that purpose by either of the disputing parties to a Magistrates’ Court composed in accordance with Section 7(4) of the Magistrates’ Courts Ordinance Cap. 52, be determined by such Court in accordance with the provisions of Part VI and Schedule 3 and otherwise of the said Ordinance.

(2) If any dispute arises as to the person entitled to receive compensation, or as to the proportion in which the persons interested are entitled to share in it, the telecommunication authority may pay into the Court such amount as he deems sufficient, or where all the disputing parties have in writing admitted the amount tendered to be sufficient, or the amount has been determined under the provisions of sub-section (1), that amount; and the Court after giving notice to the parties and hearing such of them as desire to be heard, or, as the case may be, the proportions in which the persons interested are entitled to share in it.

Application to remove post or

14. (1) When, under the foregoing provisions of this Act, a telecommunication line or post has been placed by the telecommunication authority under, ever, along, across, in or upon any property and any person, entitled to do so, desires to deal with that property in such a manner as to render it necessary or convenient that the telecommunication line or post should be removed to another part thereof or to a higher or lower level or altered in form, he may require the telecommunication authority to remove or alter the line or post accordingly if reasonably practicable.

Provided that, if compensation has been paid under the previous of paragraph (c) of section 10, or no compensation is payable thereunder, he shall when making the requisite to defray the expense of the removal or alteration, or half the amount paid as compensation, whichever may be the smaller sum.

(2) If the telecommunication authority omits to comply with the requisition the person making it may apply to a resident magistrate within whose are the property is situated to order the removal or alteration.

(3) A magistrate aforesaid receiving an application under the provisions of subsection (2) may, in his discretion, reject the same or make an order, absolutely or subject to conditions for the removal of the telecommunication line or post to any other part of the property or to a higher or lower level or for the alteration of its form; and the order so made shall be final.

Lines or posts placed before commencement of Act

15. Every telecommunication line or post placed before the commencement of this Act, under, over, along, across, in or upon any property for the purpose of a telecommunication established or maintained by the Government, shall be deemed to have been placed in exercise of the powers conferred by, and after observance of all the requirements of this Act.

Notice of Acts likely to cause damage

16. (1) Any person desiring to deal in the legal exercise of a right with any property in such a manner as is likely to cause damage to a telecommunication line or post which has been duly placed in accordance with the provisions of this Act, or to interrupt or interfere with telecommunications, shall give not less than one month’s notice in writing of the intended exercise of such right to the telecommunication authority.

(2) If any such person without having complied with the provisions of subsection (1) deals with any property in such a manner as is likely to cause damage to any telecommunication line or post, or to interrupt or interfere with telecommunications, a magistrate within whose area such property is situate may, on the application of the telecommunication authority, order such person to abstain from dealing with such property in such manner for a period not exceeding one month from the date of his order, and forthwith to take such action with regard to such property as may be, in the opinion of the said magistrate, necessary to remedy or prevent such damage, interruption or interference during such period.

(3) A person dealing with any property in the manner referred to in subsection (1) with the bona fide intention of averting imminent danger of personal injury to himself or other human beings shall be deemed to have complied with the provisions of the said subsection if he gives such notice of provisions of the intended exercise of the right as is in the circumstances possible or where no such previous notice can be given without incurring the imminent danger referred to above, if he forthwith gives notice of the actual exercise of such right to the telecommunication authority.

Power of Minister to confer powers on licences

17. The Minister may confer upon any licences under section 4 in respect of the extent of his licence and subject to any conditions and restrictions which the Minister may think fit to impose and to the provisions of this Part, all or any of the powers which the telecommunication authority possesses under this part with regard to a telecommunication established or maintained by the Government or to be so established or maintained:

Provided that the notice prescribed in section 16 shall always be given to the telecommunication authority.

PART IV
OFFENCES

Unlicensed telecommunication

18. (1) Any person who imports into Kiribati without a licence from the telecommunication authority any radio communication equipment construction or adapted for omission or establishes, maintains or works a radio-communication station, other than a broadcast receiving station, or a telecommunication within Kiribati except under and in accordance with a licence issued under this Act shall be guilty of an offence and liable on conviction to a fine not exceeding two hundred dollars and in the case of a continuing offence to a further fine not exceeding one hundred dollars for each week or part of a week during which the offence continues.

(2) Where any person is convicted of an offence under this section, the court by which he was convicted may direct that the radio-communication station or telecommunication in respect of which the offence has been committee or any part of such radio-communication station or telecommunication be forfeited.

Assisting the working of an unauthorised telecommunication

19. Any person who, knowing or having reason to believe that a radio-communication station or telecommunication has been established or is maintained or worked in contravention of this Act, transmit or receives any message by such radio communication station, or telecommunication or performs any service incidental thereto, or delivers any message for transmission by such radio-communication station or telecommunication, or accepts delivery of any message sent thereby, shall be liable to conviction to a fine not exceeding fifty dollars.

Trespass and wilful plant of telecommunication

20. (1) Any person who –

(a) without permission of the telecommunication officer in charge enters the signal room of a telecommunication office of the Government or of a person licensed under this Act; or

(b) enters a fenced enclosure around such a telecommunication office in contravention of any rule or notice not to do so; or

(c) refuses to quit such room or enclosure on being requested to do so by any officer or servant employed therein; or

(d) wilfully obstructs any such officer or servant in the performance of his duty,

shall be liable on conviction to a fine not exceeding one hundred dollars.

(2) Any person who does any of the acts mentioned in subsection (1) with the intention of unlawfully learning the contents of any message, or of committing any offence punishable under this Act, shall be liable on conviction (in addition to the time to which he may be liable under subsection (1)) to imprisonment for a term not exceeding one year.

Tampering with plant of telecommunication

21. Any person who, intending –

(a) to prevent or obstruct the transmission or delivery of any message; or

(b) to intercept or to acquaint himself with the contents of any message; or

(c) to commit mischief,

damages, removes tampers with or touches any battery, machinery, telecommunication line, post or other thing whatsoever, being part of or used in or about any telecommunication or in the working thereof, shall be liable on conviction to imprisonment for a term not exceeding three years or to a fine not exceeding two hundred dollars or to both such imprisonment and fine.

Detaining or altering a message or revealing its content

22. Any telecommunication officer, or any person not being a telecommunication officer but having official duties connected with any office which is used as a telecommunication office who –

(a) wilfully secretes, makes away with or alters any message which he has received for transmission or delivery; or

(b) wilfully, and otherwise then in obedience to an order of the Minister or of an officer especially authorised by the Minister to make the order, omits to transmit, or intercepts, or detains, any message or any part thereof, or otherwise than in pursuance of his official duty or in obedience to the direction of a competent court, discloses the contents or any part of the contents of any message to any person not entitled to receive the name; or

(c) divulges the purport of any message to any person not entitled to become acquainted with the same,

shall be liable on conviction to imprisonment for a term not exceeding three years or to a fine not exceeding two hundred dollars or to both imprisonment and fine.

Fraudulently transmitting messages

23. Any telecommunication officer who transmits by telecommunication any message on which the charge prescribed by the Minister has not been paid, intending thereby to defraud the Government or a person licensed under this Act shall be liable on conviction to imprisonment for a term not exceeding three years or to a fine not exceeding two hundred dollars or to both such imprisonment and fine.

Impeding or delaying messages

24. Any telecommunication officer or any person not being a telecommunication officer but having official duties connected with any office which is used as a telecommunication office who is guilty of any act of drunkenness, carelessness, or other misconduct whereby the correct transmission or the delivery of any message is impeded or delayed, or any telecommunication officer who loiters or delays in the transmission or delivery of any message, shall be liable on conviction to imprisonment for a term not exceeding three months or to a fine not exceeding ten dollars or to both such imprisonment and fine.

False representation of authority

25. Any person who, without due authority –

(a) make or issues any document of a nature reasonable calculated to cause it to be believed that the document has been issued by, or under the authority of, the telecommunication authority; or

(b) makes on any comments any mark in limitation of or similar to, or purporting to be, any stamp or mark of any telecommunication office under the telecommunication authority or a mark of a nature reasonably calculated to cause it to be believed that the document so marked has been issued by, or under the authority of, the telecommunication authority,

shall be liable on conviction to a fine not exceeding fifty dollars.

Fraudulent retention of messages

26. Any person who fraudulently retains, or wilfully secretes, makes away with, or detains a message which ought to have been delivered to some other person, or being required by a telecommunication officer to deliver up any such message, neglects or refuses to do so, shall be liable on conviction to imprisonment for a term not exceeding three years or to a fine not exceeding two hundred dollars or to both such imprisonment and fine.

Offences in connection with government

27. Any person who obstructs an officer authorised under section 7 in the exercise of his powers under that section or who fails to comply with any prohibition, regulation or order made under the said section shall be liable on conviction to imprisonment for a term not exceeding one year or to a fine net exceeding one hundred dollars or to both such imprisonment and fine.

Refusal or neglect to produce message

28. Any person who on being required to produce any original or transcript of a message or any paper relating to a message refuses or neglects to do so shall be liable on conviction to imprisonment for a term not exceeding one year or to a fine not exceeding one hundred dollars or to both such imprisonment and fine.

Forged telegram

29. (1) Any person who with intent to deceive forges or wilfully and without due authority alters a telegram or utters a telegram knowing the same to be forged or wilfully and without due authority altered shall be liable on conviction to imprisonment for a term not exceeding one year or to a fine not exceeding one hundred dollars or to both such fine and imprisonment.

(2) For the purposes of this section the expression "telegram" means a written or printed communication sent to or delivered at a post office or telecommunication office for transmission by telecommunication.

Offences in connection with telecommunication

30. If any person –

(a) sends any message by telecommunication which is grossly offensive or of an indecent, obscene or menacing character;

(b) sends any message by telecommunication which he knows to be false for the purpose of causing annoyance, inconvenience or needless anxiety to any other person; or

(c) persistently makes telephone calls without reasonable cause and for any such purpose as aforesaid,

he shall be liable on conviction to imprisonment for term not exceeding three months or to a fine not exceeding one hundred dollars or to both such imprisonment and fine.

PART V
SUPPLEMENTAL

Onus of proof

31. (1) Any person who is in possession of a radio-communication station shall be deemed to have worked it until the contrary is proved.

(2) The occupier of any dwelling house or premises in which there is any radio-communication station shall be deemed to be in possession thereof unless he satisfies the court that he was not aware and could not with reasonable diligence have become aware of the presence in the dwelling house or premises of the radio-communication station in question.

(3) Any apparatus which, if fully assembled and in working order, would be a radio-communication station shall not, unless completely dismantled, cease to be a radio-communication station by reason of the fact that it is temporarily incapable of emitting or receiving Hertzian waves owing to a defect or the absence of some part.

(4) Where any offence against this Act or any regulations thereunder is committed in relation to a radio-communication station on board a vessel or aircraft the master or person in charge of such vessel or aircraft shall, without prejudice to the liability of any other person, be guilty of such offence.

Provided that this subsection shall not apply in relation to the use by a passenger on board a vessel or aircraft of any radio-communication station not designed or adapted for emission (as opposed to reception) which is not part of the radio-communication station of the ship or aircraft.

Admissibility of transcript message in judicial proceedings

32. The transcript of every message after transmission shall before delivery thereof to a person to whom the same is addressed be stamped or initialled by the official receiving the same for delivery, and such transcript message, purporting to have been so stamped or initialled, shall be admissible in every court and in every judicial proceeding as prima facie evidence of the matter therein contained being the same as that stated in the original message left for transmission, and of such original message left for transmission, and of such original message having been duly signed and delivered for transmission by the person by whom the same purports to be signed, and it shall not be necessary to prove the signature of the person purporting to have signed such original message or that the same was left at any telecommunication office for transmission, not to prove the stamp or initials of the official receiving such transcript for delivery.

Exemption

33. The provisions of this Act, other than the provisions of regulations made under paragraphs (g) or (h) of subsection (1) of section 9, shall not apply to any foreign vessel or aircraft.

Inspection of radio-communication station

34. The telecommunication authority or any person authorised in writing by him on that behalf shall have the right at all reasonable hours to inspect any radio-communication station in respect of which a person is licensed under this Act.

Inspection of licence

35. Every person who is required to possess a licence under this Act shall exhibit his licence for inspection on demand by the telecommunication authority.

Compounding of offences

36. (1) The telecommunication authority may, if he is satisfied that any person has committed an offence in connection with a radio-communication station not being station adapted for emission (as opposed to reception), accept from such person a sum of money by way of compensation for such offence:

Provided that such compensation shall not exceed twice the sum payable for a receiving licence for such radio-communication station.

(2) Such compensation shall be accepted only in cases where the person reasonably suspected of having committed an offence has expressed his consent in wiring to the offence being dealt with under this section.

(3) In any proceedings brought against any person for an offence against this Act it shall be a good defence if such person proves to the satisfaction of the court that he has compounded the offence under the provisions of this section.

Non-responsibility for loss or damage

37. (1) Neither the Government nor the telecommunication authority shall be responsible for any loss or damage which may occur in consequence of any telecommunication officer failing in his duty with respect to the receipt, transmission or delivery of any message.

(2) No telecommunication officer shall be responsible for any such loss unless he causes the same negligently, maliciously or fraudulently.

Non-liability of officers for libel in message

38. No telecommunication officer shall be liable to any criminal proceedings or in any suit for damages by reason of his having in the course of his employment transmitted or conveyed by any telecommunication or taken any part in transmitting or conveying by any telecommunication any defamatory libel.

Act binds the Republic

39. This Act shall be binding upon the Republic.

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TELECOMMUNICATIONS ACT 1983

EXPLANATORY MEMORANDUM

1. This Act provides that Government shall have that exclusive privilege of establishing, maintaining and working telecommunications in Kiribati.

2. Telecommunication is a generic term including radio-communication.

3. A licence however may be granted, upon payment of fees, to persons to establish and operate a radio-communication station, or to import relevant equipment.

4. The Act regulates the use of telecommunications in Kiribati and also applies to the Republic so that Government also has to comply with the provisions of the Act.

5. Section 7 grants to the Beretitenti certain powers to take possession of any radio-communication station or telecommunication in a public emergency or in the interests of public safety.

6. S.9 provides a wide regulatory power i.e. to make Regulations under the Act and to provide for fees.

7. S.10 provides that the Secretary for Communications (who is the responsible authority under the Act) may place lines and posts and carry out related works over any land, but compensation has to be paid and any dispute over compensation is to be settled by the lands Court, with a right of appeal.

8. Part IV deals with offences and penalties.

9. The Act contains no novel provisions and basically vests administrative contact over telecommunications in Government. Such legislation is common in other countries and the present Act brings Kiribati in line with such other countries, and provides standard legislation in respect of the developing use of telecommunications in Kiribati.

M.N. Takabwebwe
Attorney General
7th March 1983