Films and Publications Act, 1996 (Act No. 65 of 1996)RegulationsRegulations on the Processes and Procedures for Applying or Registering, Amending, Transferring and Renewing Licences and Terms and Conditions to be applied to such Licences in terms of the Act, as amended, 2022Schedule 1Part 2 : General Provisions2. General provisions applicable to applications for licences and permits, and registrations for licences and permits |
| (1) | Applicants for licences and permits, must comply with these general application provisions and the specific provisions of these regulations applicable to licences and permits. |
| (2) | Application and registration forms to be used when submitting applications or when registering, together with instructions and information as to the submission of such forms, whether in paper format or electronically, may be accessed from the FPB’s offices on Monday to Friday, excluding public holidays, from 9h00 to 16h00 or obtained electronically from the FPB‘s website. |
| (3) | Applications and registrations submitted to the FPB must be complete and contain all information requested on the applicable form, together with the instructions and any additional information required by these Regulations and any Regulations pertaining to the specific application or registration. |
| (4) | Failure to supply all required information required may result in the FPB not considering the application or registration. |
| (5) | Applicants are responsible for the accuracy and completeness of information furnished in their applications or registrations during the period they are pending before the FPB and whenever the information furnished in the pending application or registration is inaccurate and/or incomplete, the applicant, shall within 15 (fifteen) days of notification by the FPB, provide the amendments to the applications or registrations which provides the additional or corrected information. |
| (6) | All applicants must comply with requests by the FPB to supply information, including supporting documentation to supplement their applications or registrations and participate in any process established by the FPB for reviewing and considering such applications or registrations. |
| (7) | The failure to timely supply information or participate in a process established by the FPB, following due notice, can result in dismissal of the application or registration. |
| (8) | Every applicant must include as part of their application or registration— |
| (a) | a form signed by the applicant that it will comply with all applicable standard terms and conditions, any additional terms and conditions applicable to its licence or permit, and the obligations imposed by the FPB; |
| (b) | the information contained in its application or registration, including any attachments thereto, or documentation incorporated therein is, to the best of the applicant's knowledge is correct, complete and accurate; |
| (c) | where the application or registration is not submitted by a natural person, proof of registration of the business of the applicant in terms of the applicable legislation; |
| (d) | a document confirming that the applicant's tax affairs are in order; |
| (e) | a declaration that the applicant warrants to the best of its knowledge and insofar as it is reasonably aware, that it complies with the laws and regulations applicable to it, with its legal obligations pertaining to its business in general and with its obligations as a distributor of content and undertakes to continue to take all reasonable and necessary steps to ensure that such compliance is maintained; and |
| (f) | proof of payment of the prescribed fee. |
| (9) | Registrations, applications, amendments, and related statements of fact required by the FPB must be signed as follows (either electronically or manually)— |
| (a) | by the applicant, if the applicant is a natural person; |
| (b) | by one of the partners, if the applicant or registrant is a partnership; |
| (c) | by an employee or director, if the applicant is a juristic person; or |
| (d) | where the registration, application, amendment, or related statement of fact is filed on behalf of a government entity, it must be signed by a duly appointed official who is authorised to do so under applicable law. |
| (10) | The FPB may revoke a licence or permit if at any time any material statement made or information submitted by an applicant is found to be false and to have been made by the applicant or any member or employee thereof, knowing it to be false. |
| (11) | To provide false information or to withhold relevant information with the intention to mislead the FPB constitutes an offence in terms of section 24D of the Act and may result in the person being liable to a fine or to imprisonment or to both a fine and such imprisonment. |
| (12) | The validity of licences and permits once approved shall be for a period of 5 (five) years unless surrendered as set out in sub-regulation 7 of these Regulations. |