Clause 29

Any telecommunication licensee aggrieved by —

any decision of the Authority in the exercise of any discretion vested in it by or under this Act; or

anything contained in any code of practice or standard of performance or in any direction of the Authority given under section 21, 27, 32D or 32F (2),may, within 14 days of the receipt of the decision or direction of the Authority or the issue or approval of the code of practice or standard of performance, as the case may be —

make a request to the Authority to reconsider the matter; or

appeal to the Minister.(2) Any person (other than a telecommunication licensee) who is aggrieved by any decision or direction of the Authority given by or under section 5(1), 5A, 8 (1), 14, 21, 23, 32B or 32D may, within 14 days of the receipt of the decision or direction of the Authority —

make a request to the Authority to reconsider the matter; or

appeal to the Minister.(3) A person shall not make both a reconsideration request to the Authority and an appeal to the Minister arising from the same decision or direction of the Authority.(4) Where a reconsideration request and an appeal have been made in contravention of subsection (3), the appeal shall be deemed to be withdrawn.(5) Where —

a reconsideration request has been made to the Authority by any person; and

an appeal arising from the same decision or direction of the Authority is made or has been made to the Minister by any other person,the appeal to the Minister shall be deemed to be withdrawn.(6) The Authority may determine any reconsideration request under this section by confirming, varying or reversing any decision or direction or by amending any code of practice or standard of performance.(7) Any telecommunication licensee or person referred to in subsection (2), as the case may be, who is aggrieved by any decision of the Authority under subsection (6) may appeal to the Minister within 14 days of the receipt of the decision.(8) Any person who makes an appeal to the Minister under subsection (1), (2) or (7) shall within the period specified therein —

state as concisely as possible the circumstances under which the appeal arises, the issues and grounds for the appeal; and

submit to the Minister all relevant facts, evidence and arguments for or against the appeal, as the case may be.(9) The Minister may reject any appeal of an appellant who fails to comply with subsection (8) or (10).(10) Where an appeal has been made to the Minister under subsection (1), (2) or (7), the Minister may require any person to whom subsection (11) applies to provide him with all such information as he may require for the purpose of considering the appeal and making a determination for resolving it.(11) Subsection (10) shall apply to —

any party to the appeal; and

any person who is not a party to the appeal but appears to the Minister to have information that is relevant to the matters mentioned in that subsection.(12) Any person required to provide information under subsection (10) must provide it in such manner and within such period as may be specified by the Minister.(13) The Minister may determine an appeal under this section by confirming, varying or reversing any decision or direction of the Authority or by amending any code of practice or standard of performance.(14) Any decision of the Minister under subsection (13) shall be final.(15) Unless otherwise provided, where a reconsideration request or an appeal is made under this section, the decision, direction or other matter which requires reconsideration by the Authority or which is appealed against shall be complied with until the determination of the reconsideration request or the appeal, as the case may be.(16) The Minister may make regulations in respect of the manner in which an appeal may be made to the Minister under subsection (1), (2) or (7) and the procedure to be adopted in hearing such appeals.Interest on sums unpaid69A. If any sum required to be paid by a telecommunication licensee or a person granted a spectrum right under this Act or any code of practice or regulation made thereunder is not paid when it is required to be paid, that licensee or person shall be liable to pay the Authority the prescribed interest on such unpaid sums for the period such sums remain unpaid.Power of Minister to issue written order relating to acquisition of assets, etc., of telecommunication licensee69B.—

The Minister may issue a written order to any person that acquires the assets or business of, or shares in, a telecommunication licensee (referred to in this section as the relevant person), that telecommunication licensee, or both, if the Minister is satisfied that —

the relevant person is not a fit and proper person; and

it is not in the national interest to allow the relevant person to continue to own the assets or business of, or to hold the shares in, that telecommunication licensee.(2) The Minister may, in any written order issued under subsection (1), direct the relevant person, that telecommunication licensee, or both, to do all or any of the following:

direct the transfer or disposal of all of the assets, business and shares acquired by the relevant person in that telecommunication licensee, within such time and subject to such conditions as the Minister considers appropriate;

restrict the transfer or disposal of the assets, business and shares by the relevant person in that telecommunication licensee;

restrict the exercise of voting power in that telecommunication licensee by the relevant person;

require that no payment shall be made by that telecommunication licensee of any amount (whether by way of dividends) in respect of the shares acquired by the relevant person;

restrict the issuance or offer of shares by that telecommunication licensee (whether by way of rights, bonus or otherwise) in respect of the shares acquired by the relevant person.(3) In the case of any written order made under subsection (2)(a) or (b) relating to the shares, until a transfer or disposal is effected in accordance with the written order or until the restriction on the transfer or disposal is removed, as the case may be, notwithstanding the provisions of any written law or anything contained in the memorandum or articles of association, or other constitution, of that telecommunication licensee —

no voting rights shall be exercisable in respect of the shares unless the Minister expressly permits such rights to be exercised;

no shares of that telecommunication licensee shall be issued or offered (whether by way of rights, bonus or otherwise) in respect of the shares unless the Authority expressly permits such issue or offer; and (c)except in a liquidation of that telecommunication licensee, no payment shall be made by that telecommunication licensee of any amount (whether by way of dividends or otherwise) in respect of the shares unless the Minister expressly authorises such payment.(4) Before issuing the written order under subsection (1), the Minister shall, unless he decides that it is not practicable or desirable to do so, cause to be given to the relevant person and the telecommunication licensee, as the case may be, notice in writing of his intention to issue the written order, specifying the date by which written representations may be made to the Minister with regard to the written order.(5) Upon receipt of any written representation, the Minister shall consider it for the purpose of determining whether to issue the written order.(6) The Minister may vary or revoke any written order issued under this section.(7) Any person to whom a written order is issued under subsection (1) shall comply with the written order and the written order shall take effect notwithstanding the provisions of any other written law and anything contained in the memorandum or articles of association, or other constitution, of the designated telecommunication licensee.(8) Any person who contravenes subsection (7) shall be guilty of an offence and shall be liable on conviction —

in the case of an individual, to a fine not exceeding $125,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $12,500 for every day or part thereof during which the offence continues after conviction; or

in any other case, to a fine not exceeding $250,000 and, in the case of a continuing offence, to a further fine not exceeding $25,000 for every day or part thereof during which the offence continues after conviction.”.