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Advertising Regulatory Council of Nigeria Act, 2022 › Section 36

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Table of Contents

Section 1 — Establishment of the Council

Section 2 — Objectives of the Act

Section 3 — Establishment of the Governing Council

Section 4 — Tenure of members of the Governing Council

Section 5 — Cessation of membership

Section 6 — Meetings of the Governing Council

Section 7 — Allowances of members of the Governing Council

Section 8 — Functions of the Council

Section 9 — Powers of the Council

Section 10 — Power to bestow honorary fellowship

Section 11 — Staff of the Council

Section 12 — Other staff of the Council

Section 13 — Staff pension

Section 14 — Pre-action notice

Section 15 — Council Fund and the Research and Development Fund

Section 16 — Expenditure of the Council

Section 17 — Gifts to the Council

Section 18 — Power to borrow

Section 19 — Annual estimates and expenditure

Section 20 — Annual report

Section 21 — Registration of person

Section 22 — Preparation and maintenance of register

Section 23 — Publication of register and lists of correction

Section 24 — Division of register

Section 25 — Registration

Section 26 — Setting regulatory standards

Section 27 — Approval of courses

Section 28 — Supervision of institution and examination leading to qualification

Section 29 — Power of the Council to consider matters relating to training

Section 30 — Certificate invalid if given by unregistered person

Section 31 — Appointment not to be held by unregistered person

Section 32 — Prohibition of a person falsely professing to be an advertising practitioner or professional

Section 33 — Recovery of fees

Section 34 — Offences

Section 35 — Prosecution of offences

Section 36 — Trial of offences

Section 37 — Establishment of the Advertising Offences Tribunal

Section 38 — Composition of the Tribunal

Section 39 — Tenure of the Chairman of the Tribunal

Section 40 — Qualification of members of the Tribunal

Section 41 — Resignation by a member of the Tribunal

Section 42 — Vacancy in the composition of the Tribunal

Section 43 — Jurisdiction of the Tribunal

Section 44 — Rules and procedure of the Tribunal

Section 45 — Power to issue search warrant

Section 46 — Application of Administration of Criminal Justice Act or Code

Section 47 — Appeal against the decision or judgment of the Tribunal

Section 48 — Management and assignment of cases

Section 49 — Remuneration of the Chairman and other members of the Tribunal

Section 50 — Establishment of the Disciplinary Committee

Section 51 — Establishment of the Investigating Panel

Section 52 — Alternative dispute resolution

Section 53 — Establishment of Advertising Standards Panel

Section 54 — Financial penalty for unauthorised publication or exposure of advertisement without approval

Section 55 — Advertising licensee

Section 56 — Appeal to the Federal High Court

Section 57 — Penalties

Section 58 — Application and relevance of other laws not barred

Section 59 — Power of Minister to make regulations

Section 60 — Offices and premises of the Council

Section 61 — Regulations

Section 62 — Repeal, savings and transitional provisions

Section 63 — Interpretation

Section 64 — Citation

1 — FIRST SCHEDULE
2 — SECOND SCHEDULE
3 — THIRD SCHEDULE

PART X – PRIVILEGES OF REGISTERED PERSONS AND OFFENCES BY UNREGISTERED PERSONS

Section 36 — Trial of offences

(1) An offence committed under this Act shall be tried by the tribunal established under this Act.

(2) Prosecution under this Act shall be undertaken by legal practitioners appointed by the Council.

← Section 35 Section 37 →

In This Statute

PART I – ESTABLISHMENT OF THE COUNCIL
PART II – ESTABLISHMENT OF THE GOVERNING COUNCIL
PART III – FUNCTIONS OF THE COUNCIL
PART IV – STAFF OF THE COUNCIL
PART V – LEGAL PROCEEDINGS
PART VI – FINANCIAL PROVISIONS
PART VII – REGISTRATION OF PERSONS AND ORGANISATIONS ENGAGING IN ADVERTISING, ADVERTISEMENT AND MARKETING COMMUNICATIONS
PART VIII – REGULATORY STANDARD AND ENVIRONMENT
PART IX – TRAINING
PART X – PRIVILEGES OF REGISTERED PERSONS AND OFFENCES BY UNREGISTERED PERSONS
PART XI – ESTABLISHMENT OF THE ADVERTISING OFFENCES TRIBUNAL
PART XII – DISCIPLINARY COMMITTEE AND INVESTIGATING PANEL
PART XIII – MISCELLANEOUS PROVISIONS

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