CHAPTER 413
SURFACE AND MARINE TRANSPORT REGULATORY AUTHORITY ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

PART I
PRELIMINARY PROVISIONS

   Section

Title

   1.   Short title.

   2.   Commencement.

   3.   Interpretation.

PART II
THE AUTHORITY

   4.   Establishment of the Authority.

   5.   Duty of the Authority.

   6.   Functions of the Authority.

   7.   Establishment of the Board.

   8.   Nomination Committee and nominations.

   9.   Functions of Nomination Committee

   10.   Code of conduct.

   11.   Conflicts of interest.

   12.   Removal of members.

   13.   The Director-General.

   14.   Directors, consultants and other staff.

PART III
POWERS AND PROCEEDINGS OF AUTHORITY

   15.   General powers.

   16.   Power to set rates and charges.

   17.   Power to obtain information, documents and evidence.

   18.   Power to hold inquiries.

   19.   Competition policy and contraventions of competition legislation.

   20.   Authority may sit in Division.

   21.   Delegation.

   22.   Consultation with consumers, industry and government.

   23.   Public Register.

   24.   Confidentiality.

PART IV
REVIEW AND APPEALS PROCEDURE

   25.   Review Panel.

   26.   Decision made under delegated power.

   27.   Decision be placed on the Public Register.

   28.   Appeals to the Competition Tribunal against decisions of the Authority.

PART V
THE COUNCIL

   29.   Establishment of the Council.

   30.   Functions and powers of the Council.

   31.   Funds of the Council and annual report.

PART VI
COMPLAINTS AND DISPUTE RESOLUTION

   32.   Complaints.

   33.   Procedures and powers of the Authority.

   34.   Appeals to the Fair Competition Tribunal.

   35.   Inconsistency with sector legislation.

   36.   Inconsistency with the Fair Competition Act or the Standards Act.

PART VII
ENFORCEMENT AND COMPLIANCE

   37.   Compliance orders.

   38.   Rules and declarations.

   39.   Regulations.

   40.   Offences.

PART VIII
FINANCIAL PROVISIONS

   41.   Funds of the Authority.

   42.   Surplus funds.

   43.   Authority exempted from taxes.

   44.   Accounts and financial audit.

   45.   Performance audit.

   46.   Annual report.

   47.   Budget.

PART IX
CONSEQUENTIAL, TRANSITIONAL AND MISCELLANEOUS PROVISIONS

   48.   Existing licences, permits and contracts.

   49.-53.   [Amendment of laws.]

SCHEDULES

CHAPTER 413
THE SURFACE AND MARINE TRANSPORT REGULATORY AUTHORITY ACT

An Act to establish a regulatory authority in relation to the surface and marine transport sectors, and to provide for its operation in place of former authorities and for related matters.

[.............]

Act No. 9 of 2001

PART I
PRELIMINARY PROVISIONS (ss 1-3)

1.   Short title

   This Act may be cited as the Surface and Marine Transport Regulatory Authority Act.

2.   Commencement

   (1) This Act shall come into operation on such date as the Minister may by notice published in the Gazette, appoint.

   (2) The Minister may appoint different dates for the commencement of different parts or provisions.

3.   Interpretation

   In this Act unless the context requires otherwise–

   "annual report" means the annual report of the Authority referred to in section 46;

   "Authority" means the Surface and Marine Transport Regulatory Authority established by section 4;

   "Board" means the Board of Directors of the Authority referred to in section 7;

   "Chairman" means the Chairman of the Authority referred to in section 8 (1) (a), and includes the Deputy-Chairman and any other person performing the functions of the Chairman;

   "class licence" means a licence which may be granted to multiple regulated suppliers under sector legislation on standard terms and conditions or substantially standard terms and conditions;

   "Commission" means the Fair Competition Commission;

   "Council" means the SUMATRA Consumer Consultative Council established by section 29;

   "Director-General" means the Director-General of the Authority appointed under section 13;

   "Division" means a division of the authority constituted under section 20;

   "Division Director" means a Division Director appointed under section 14;

   "Gazette" means the Government Gazette of the United Republic of Tanzania;

   "inquiry" means an inquiry instituted by the Authority pursuant to section 18;

   "member" means any member of the Board and includes the Chairman and the Director-General;

   "Minister" means the Minister for the time being responsible for the Authority;

   "officer" means any member or employee of the Authority;

   "Permanent Secretary" means the Permanent Secretary of the Ministry for the time being responsible for the Authority;

   "Public Register" means the Public Register of the Authority, kept by the Authority pursuant to section 23;

   "regulated goods" means any goods produced, supplied or offered for supply or for use in a regulated sector and includes any goods the Authority declares under section 38;

   "regulated sector" means rail transport, ports and maritime transport, public passenger road transport and commercial road transport;

   " regulated services" means any services supplied or offered for supply in a regulated sector and includes services which the Authority declares to be such services under section 38;

   "regulated supplier" means any person engaging in activities in or in connection with a regulated sector and includes any person whom the Authority declares under section 38 to be such supplier;

   "review panel" means the review panel established under section 25;

   "sector Act" means any of the statutes referred to in sections 48 to 53 and any other statutes amending or replacing those statutes;

   "sector legislation" means the legislation amended by sections 48 to 53;

   "sector Minister" means the Minister for the time being responsible for a regulated sector;

   "Special Review Committee" means the Committee appointed by the Authority pursuant to section 25;

   "standards" includes standards relating the context of telecommunications and electronic broadcasting applied in the surface and marine transport sectors;

   "sub-office" means, in relation to the Authority, and office of the Authority other than its head office;

   "Tribunal" means the Fair Competition Tribunal established by section 4 of the Fair Competition Act *.

PART II
THE AUTHORITY (ss 4-14)

4.   Establishment of the Authority

   (1) There is hereby established a body to be known as the Surface and Marine Transport Regulatory Authority or by its acronym "SUMATRA";

   (2) The Authority shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name, be capable of–

   (a)   suing and being sued;

   (b)   acquiring, holding and disposing of real and personal property;

   (c)   exercising the powers and performing the functions conferred upon it by or under this Act;

   (d)   entering into any contract or other transaction, and doing or suffering to do all such other acts and things which a body corporate may lawfully perform, do or suffer to be done.

   (3) The common seal of the Authority shall be duly affixed if witnessed under hand by the Chairman, the Director-General or the Secretary of the Authority.

   (4) A document in writing recording acts or decisions of the Authority may be executed or authenticated on behalf of the Authority under the hand of the Chairman, the Director-General or the Secretary of the Authority.

   (5) Judicial notice shall be taken of the common seal of the Authority and any document executed or authenticated in accordance with this section.

   (6) Notwithstanding the preceding provisions of this section, and the Authority having the status of a body corporate, the Attorney-General shall have the right to intervene in any suit or matter instituted by or against the Authority.

   (7) Where the Attorney-General intervenes in any matter in pursuance of subsection (6), the provisions of the Government Proceedings Act *, shall apply in relation to the proceedings of that suit or matter as if it had been instituted by or against the Government.

5.   Duty of the Authority

   It shall be the duty of the Authority that in carrying out its functions it shall strive to enhance the welfare of Tanzania society by–

   (a)   promoting effective competition and economic efficiency;

   (b)   protecting the interests of consumers;

   (c)   protecting the financial viability of efficient suppliers;

   (d)   promoting the availability of regulated services to all consumers including low income, rural and disadvantaged consumers;

   (e)   enhancing public knowledge, awareness and understanding of the regulated sectors including as to–

      (i)   the rights and obligations of consumers and regulated suppliers;

      (ii)   the ways in which complaints and disputes may be initiated and resolved;

      (iii)   the duties, functions and activities of the Authority;

   (f)   taking into account the need to protect and preserve the environment.

6.   Functions of the Authority

   (1) The functions of the Authority shall be–

   (a)   to perform the functions conferred on the Authority by sector legislation;

   (b)   subject to sector legislation–

      (i)   to issue, renew and cancel licences;

      (ii)   to establish standards for regulated goods and regulated services;

      (iii)   to establish standards for the terms and conditions of supply of the regulated goods and sources;

      (iv)   to regulate rates and charges;

      (v)   to make rules;

   (c)   to monitor the performance of the regulated sectors, including in relation to–

      (i)   levels of investment;

      (ii)   availability, quality and standards of services;

      (iii)   the cost of services;

      (iv)   the efficiency of production and distribution of services, and

      (v)   other matters relevant to the Authority;

   (d)   to facilitate the resolution of complaints and disputes;

   (e)   to take over and continue carrying out the functions formerly of the Tanzania Central Freight Bureau set out in section 4, 4A and 4B of the Tanzania Central Freight Bureau Act *;

   (f)   to disseminate information about matters relevant to the functions of the Authority;

   (g)   to consult with other regulatory authorities or bodies or institutions discharging functions similar to those of the Authority in Tanzania or elsewhere;

   (h)   to administer this Act;

   (i)   to perform such other functions as may be conferred on the Authority by this Act or any other law.

   (2) The Authority shall not perform its functions in contravention of any international agreement to which the United Republic is part.

   (3) In the performance of its functions, the Authority shall not award or cancel a major or exclusive licence having a term of five or more years without prior consultation with the Minister and the relevant sector Minister.

   (4) In addition to the preceding provisions of this section, the Minister may from time to time as occasion necessitates it, give to the Authority directions of a specific or general character on specific issues, other than in relation to the discharge of the regulatory function, arising in relation to any sector, for the purposes of securing the effective performance by the Authority of its policy, functions and compliance with the code of conduct.

7.   Establishment of the Board

   (1) There is hereby established a Board which shall be the governing body of the Authority and shall consist of seven members as follows–

   (a)   a Chairman who shall be non-executive;

   (b)   five non-executive members;

   (c)   the Director-General appointed under section 13.

   (2) The Chairman shall be appointed by the President, and the five non-executive members shall be appointed by the Minister after consultation with the relevant sector Ministers.

   (3) A person shall, if appointed a member of the Board, relinquish any of the following offices if he holds it namely:

   (a)   the office of Member of Parliament;

   (b)   the office of Member of the House of Representatives of Zanzibar;

   (c)   the office of Speaker of the National Assembly;

   (d)   the office of Speaker of the House of Representatives of Zanzibar;

   (e)   the office of Judge of the High Court or of the Court of Appeal;

   (f)   the office of Permanent Secretary.

   (4) The members of the Board shall be paid such remuneration and allowances as shall be set out in their letters of appointment or as may be determined by the Minister, on the advice of the Authority and after consultations with the relevant sector Ministers.

   (5) The provisions of the First Schedule to this Act shall have effect as to the composition of the Board, the tenure of office of its members, terminations of their appointment, the proceedings of the Board and other matters in relation to the board and its members.

8.   Nomination Committee and nominations

   (1) There is hereby established a Nomination Committee which shall be composed of–

   (a)   the Permanent Secretary of the Ministry for the time being responsible for the Authority, who shall be the Chairman of the Committee;

   (b)   two other persons representing the private sector nominated in accordance with subsection (2).

   (2) One of the two persons referred to in subsection (1)(b) shall be nominated from a legally recognised body representative of private sector interests, and the other person shall be nominated by the Council.

   (3) The Council and the body representing private sector members shall both consult as widely as possible with industry organisations before nominating any person under subsection (2).

   (4) The Authority shall pay all such allowances, fees, salaries and any other charges incurred by the Nomination Committee, consultants or any other person in the cause of his duties to the Authority, as it may be approved by the Minister from time to time.

   (5) The proceedings and other matters in relation to the Nomination Committee shall be as provided in the Second Schedule to this Act.

9.   Functions of Nomination Committee

   (1) The functions of the Nomination Committee shall be to nominate persons for appointment as members of the Board of Directors and as Director-General of the Authority.

   (2) The Nomination Committee may take such actions as are reasonably necessary to identify and attract the best candidates such as by advertising in the news media widely circulating within and outside the United Republic.

   (3) The Authority shall pay from its funds expenses incurred by the Nomination Committee in the course of the discharge of its duties.

10.   Code of conduct

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