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Call of Views on Draft Communications (Infringement Notice Regime) Declaration 2019

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12th June, 2019 The Minister responsible for Communications (i.e. MEIDECC), pursuant to section 162(7) of the Communications Act 2015 (‘the Act’), intends to make a Communications (Infringement Notice Regime) Declaration 2019 (‘Declaration’). This Declaration aim to serve as a flexible enforcement tool to effectively regulate the communications sector.

The purpose of this Declaration is to enable the Regulator of the communications sector (for the time-being, the Ministry) to lawfully issue infringement notices without having to commence court proceedings where it has reasonable grounds to believe that a person has contravened a provision of the Act. Like a traffic offence (i.e. ticket), the fines imposed by these infringement notices are much lower than the maximum liability under a criminal proceeding (e.g. less than half). Any person issued with an infringement notice should have the choice of paying the fine or challenging the infringement notice (through the review process provided under the Act).

Should you have any views on the Declaration, please, feel free to incorporate them to the Draft Declaration attached and submit back to Calvy Aonima (on behalf of the Ministry) on email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it . You can also submit by hardcopy to the Chief Executive Officer of the Ministry, but attention to Calvy, as shown below –

Paula Ma'u

Chief Executive Officer

Ministry of Meteorology, Energy, Information, Disaster Management, Environment, Climate Change and Communications

Government of the Kingdom of Tonga

P.O. Box 1380

O.G. Sanft Building

Nuku'alofa, Tonga

Attention: Calvy Aonima

The consultation period will commence on 11th June 2019 and will continue for a period not exceeding one (1) month (i.e. and will close on 12thJuly 2019) (‘consultation period’).

We, thank you in anticipation of your views, as we work together to effectively regulating our communications sector.

COMMUNICATIONS (INFRINGEMENT NOTICE REGIME) DECLARATION 2019 v.V [11thJune19]

 

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