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Access to Information and Protection of Privacy Bill
November 30, 2001



Media and Information Fund

44. Interpretation in Part IV.
45. Establishing and vesting of Media and Information Fund.
46. Objects of Fund.
47. Moneys of Fund.
48. Levies.
49. Holding of Fund.
50. Financial year of Fund.
51. Accounts and audit of Fund.


44   Interpretation in Part IV   TOP

In this Part—

"Fund" means the Media and Information Fund established by section 45.

45   Establishing and vesting of Media and Information Fund   TOP

(1) There is hereby established a fund to be known as the Media and Information Fund.

(2) Subject to this Part, the Fund shall be vested in and administered by the Commission as trustee.

46  Objects of Fund   TOP

The objects of the Fund shall be—

(a) the standardisation of mass media services and the maintenance of high standards of quality in the provision of such services; and

(b) to assist in the training of persons in the provision of mass media services; and

(c) to promote and contribute towards research and development in the field of information and mass media;

(d) to promote public awareness on the right of access to information and protection of privacy;

in accordance with an annual implementation plan prepared by the Commission in consultation with mass media owners’ offices.

47   Moneys of Fund   TOP

The Fund shall consist of—

(a) such monies as may be raised by contributions imposed in terms of section 48.

(b) such moneys as may be payable to the Fund from moneys appropriated by an Act of Parliament for the purpose of the Fund; and

(c) any surplus of income over expenditure at the end of the Commission’s financial year appropriated in terms of paragraph 3 of the Sixth Schedule;

(d) any other moneys the Fund may be lawfully entitled; and

(e) accreditation fees.

48   Levies   TOP

(1) Every mass media owner shall pay the prescribed annual contribution to the Fund.

(2) The dates on which contributions to the Fund become payable and the manner in which they shall be paid shall be as prescribed.

(3) Any mass media which fails to pay a levy due to the Fund shall in addition to any other penalty imposed for non-compliance with this Act, be liable to—

(a) pay to the Fund an amount equivalent to double the levy due.

(b) the suspension of the registration certificate; or [sic]

49   Holding of Fund   TOP

(1) All moneys received on behalf of the Fund shall be paid into a banking account and no money shall be withdrawn there from except by means of cheques signed by such persons as are authorised in that behalf by the Commission.

(2) Any part of the Fund not immediately required for the purposes of the Fund may be invested in such manner as the Minister may determine:

Provided that such moneys shall not be invested directly in any securities issued by a mass media owners’ office that is a corporate body.

50   Financial year of Fund   TOP

The financial year of the Fund shall be the period of 12 months ending on the 31st December in each year.

51   Accounts and audit of Fund   TOP

(1) The Commission shall cause proper books of accounts of the Fund to be kept, together with adequate financial and other records in relation thereto, and, within three months after the end of the financial year to which the accounts relate, shall submit the accounts to the Comptroller and Auditor-General for audit in terms of subsection (2).

(2) The accounts of the Fund shall be audited by the Comptroller and Auditor-General, who shall have all the powers conferred upon him by section 9 of the Audit and Exchequer Act [Chapter 22:03] as though the assets of the Fund were public moneys or State property.

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