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Presumptions relating to offences under sections 3 and 7 of Principal Act.
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9.—(1) In a prosecution for an offence under section 3 of the Principal Act in which it is shown that an apparatus for wireless telegraphy was in a particular premises on a particular day, it shall be presumed, until the contrary is shown by the defendant, that on that day the apparatus was in the possession of the person who was then the occupier of the premises.
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(2) In a prosecution for an offence under the said section 3 in which it appears (whether by virtue of subsection (1) of this section or otherwise) that a person kept or had in his possession an apparatus for wireless telegraphy at the time to which the prosecution relates, it shall be presumed, until the contrary is shown by the defendant, that he did not at such time hold a licence under the Principal Act then having effect and licensing him to keep or have in his possession the apparatus to which the prosecution relates.
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(3) In a prosecution for an offence under section 7 (3) of the Principal Act in which it is shown that a special notice has been sent by registered post it shall be presumed, until the contrary is shown by the defendant, that the person to whom the notice was so sent has not complied with the requirements of the said section 7 (3).
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(4) In this section—
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“occupier” in relation to premises, means a person who as owner, tenant or otherwise is in occupation, whether solely, jointly or severally, of the premises;
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“premises” means land and includes a part of a building occupied as a separate dwelling, whether or not the occupier shares with any other person any portion thereof or any accommodation, amenity or facility in connection therewith.
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