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Advertising Regulatory Council of Nigeria Act, 2022 › Section 35

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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 35 — Prosecution of offences

The Council shall consider any recommendation made to it by a Tribunal or disciplinary body with respect to the prosecution by it of any person for an offence disclosed under any provision of this Act.

← Section 34 Section 36 →

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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