Broadcasting and Wireless Telegraphy Act, 1988
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Penalties for certain offences under Act of 1926 and Act of 1972 altered. |
12.—(1) The Act of 1926 is hereby amended by— | |
(a) in section 3, the substitution of the following subsections for subsection (3): | ||
“(3) (a) Every person who keeps, has in his possession, instals, maintains, works or uses any apparatus in contravention of this section shall be guilty of an offence and shall be liable— | ||
(i) in case the apparatus in respect of which the offence was committed is a television set, on summary conviction thereof— | ||
(I) in the case of a first such offence, to a fine not exceeding £500, | ||
(II) in the case of a second or subsequent such offence, to a fine not exceeding £1,000, | ||
(ii) in case the apparatus in respect of which the offence was committed is not a television set— | ||
(I) on summary conviction to a fine not exceeding £1,000, | ||
(II) on conviction on indictment to a fine not exceeding £20,000. | ||
(b) In this subsection ‘television set’ has the meaning assigned to it by section 1 (1) of the Wireless Telegraphy Act, 1972 , as amended by section 2 (2) of the Broadcasting and Wireless Telegraphy Act, 1988. | ||
(3A) (a) Where a person is convicted on indictment of an offence under this section, the interest of the person, whether as owner or otherwise, in the following apparatus shall stand forfeited as a statutory consequence of conviction: | ||
(i) in case the apparatus in respect of which the offence was committed is a wired broadcast relay station, the part or parts thereof comprised in the station between the station's initial point of reception of television programmes, sound programmes or television programmes and sound programmes, as the case may be, and the point at which such programmes are fed into the station's trunk cable for conveyance by wire, | ||
(ii) in case the apparatus in respect of which the offence was committed is not a wired broadcast relay station, the apparatus in respect of which the offence was committed. | ||
(b) In this subsection— | ||
‘service point’ means a point in a premises or part of a premises which is connected by wire to a wired broadcast relay station and to which television programmes, sound programmes or both television programmes and sound programmes are conveyed by the wire for reception on wireless telegraphy apparatus in the possession of the occupier of the premises or part; | ||
‘wired broadcast relay station’ means wireless telegraphy apparatus capable of receiving television programmes, sound programmes or both television programmes and sound programmes by means of wireless telegraphy and then conveying the programmes by wire for reception on wireless telegraphy apparatus, and includes any aerials and the wires connected to any service point served by such station. | ||
(3B) Where anything is, as a statutory consequence of conviction, forfeited under this section, the Minister may direct that such thing shall be destroyed or be sold or otherwise disposed of in such manner as he thinks fit. | ||
(3C) Where the Minister, in pursuance of subsection (3B) of this section, directs a thing to be sold, the net proceeds of the sale shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.”; | ||
(b) in section 7, the substitution for “fifty pounds” (inserted by section 12 of the Act of 1972) of “two hundred and fifty pounds” in subsection (3); | ||
(c) in section 9— | ||
(i) the substitution of the following subsection for subsection (2): | ||
“(2) Regulations made under this section may— | ||
(a) provide that a breach or contravention of any specified such regulation shall be an offence, | ||
(b) in relation to convictions on indictment for such an offence, provide that the court by whom the defendant is convicted may order the interest of the defendant, whether as owner or otherwise, in all or any apparatus in respect of or by means of which the court is satisfied a breach or contravention of a specified such regulation was committed to be forfeited.”; and | ||
(ii) the insertion of the following subsection after subsection (5): | ||
“(6) A person guilty of an offence by reason of a breach or contravention of a regulation specified, by virtue of paragraph (a) of subsection (2) of this section, in regulations made under this section shall be liable— | ||
(a) on summary conviction, to a fine of one thousand pounds together with, in the case of a continuing such breach or contravention, a further fine (not exceeding one thousand pounds in all) not exceeding one hundred pounds for each day during which the offence is continued, and | ||
(b) on conviction on indictment, to a fine of twenty thousand pounds together with, in the case of a continuing such breach or contravention, a further fine not exceeding two thousand pounds for each day during which the offence is continued.”; | ||
(d) in section 10— | ||
(i) the substitution of the following subsection for subsection (3): | ||
“(3) Regulations made under this section may— | ||
(a) provide that a breach or contravention of any specified such regulation shall be an offence, | ||
(b) in relation to convictions on indictment for such an offence, provide that the court by whom the defendant is convicted may order the interest of the defendant, whether as owner or otherwise, in all or any apparatus in respect of or by means of which the court is satisfied a breach or contravention of a specified such regulation was committed to be forfeited.”; | ||
(ii) the insertion of the following subsection after subsection (7): | ||
“(8) A person guilty of an offence, by reason of a breach or contravention of a regulation specified, by virtue of paragraph (a) of subsection (3) of this section, in regulations made under this section, shall be liable— | ||
(a) on summary conviction, to a fine of one thousand pounds, or, at the discretion of the court, to imprisonment for a term not exceeding six months, or, at such discretion, to both such fine and such imprisonment, together with, in the case of a continuing such breach or contravention, a further fine (not exceeding one thousand pounds in all) not exceeding one hundred pounds for each day during which the offence is continued, and | ||
(b) on conviction on indictment, to a fine of twenty thousand pounds, or, at the discretion of the court, to imprisonment for a term not exceeding twelve months, or, at such discretion, to both such fine and such imprisonment, together with, in the case of a continuing such breach or contravention, a further fine not exceeding two thousand pounds for each day during which the offence is continued.”; | ||
(e) the insertion of the following section after section 10: | ||
“Forfeiture of apparatus; supplementary provisions. | ||
10A.—(1) A court shall not order anything to be forfeited pursuant to regulations under section 9 (2) or 10 (3) of this Act if a person claiming to be the owner of or otherwise interested in it applies to be heard by the court, unless an opportunity has been given to him to show cause why the order should not be made. | ||
(2) Where— | ||
(a) a person is convicted on indictment of an offence under section 3 of this Act, or | ||
(b) an order is made pursuant to regulations under section 9 (2) or 10 (3) of this Act, | ||
the apparatus to which the forfeiture under the said section 3 or, as may be appropriate, the order relates shall be sold or disposed of in such other manner as the Minister thinks fit. | ||
(3) Where the apparatus is sold pursuant to this section, the net proceeds of the sale shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.”; | ||
(f) in section 11, the substitution of the following subsection for subsections (3) and (4): | ||
“(3) Every person who sends or attempts to send, or divulges the purport of, any message, communication or signal in contravention of this section shall be guilty of an offence and shall be liable— | ||
(a) on summary conviction, to a fine not exceeding one thousand pounds, or, at the discretion of the court, to a term of imprisonment not exceeding six months, or, at such discretion, both to such fine and such imprisonment, | ||
(b) on conviction on indictment, to a fine not exceeding twenty thousand pounds, or, at the discretion of the court, to a term of imprisonment not exceeding twelve months, or, at such discretion, to both such fine and such imprisonment.”; | ||
(g) in section 12, the substitution in subsection (3) for all the words from “liable on summary conviction” to the end of the subsection of the following: | ||
“liable— | ||
(a) on summary conviction, to a fine not exceeding one thousand pounds together with, in the case of a continuing offence, a further fine (not exceeding one thousand pounds in all) not exceeding one hundred pounds for every day during which the offence is continued, | ||
(b) on conviction on indictment, to a fine not exceeding twenty thousand pounds together with, in the case of a continuing offence, a further fine not exceeding two thousand pounds for every day during which the offence is continued.”; | ||
(h) in section 12A (inserted by section 34 of the Broadcasting Authority Act, 1960 ), the substitution for subsection (12) of the following subsection: | ||
“(12) A person guilty of an offence under this section shall be liable— | ||
(a) on summary conviction, to a fine not exceeding one thousand pounds together with, in the case of a continuing offence, a further fine (not exceeding one thousand pounds in all) not exceeding one hundred pounds for every day during which the offence is continued, | ||
(b) on conviction on indictment, to a fine not exceeding twenty thousand pounds together with, in the case of a continuing offence, a further fine not exceeding two thousand pounds for every day during which the offence is continued.”; and | ||
(i) in section 12B (inserted by the said section 34), the substitution for subsection (3) of the following subsection: | ||
“(3) A person guilty of an offence under this section shall be liable— | ||
(a) on summary conviction, to a fine not exceeding one thousand pounds together with, in the case of a continuing offence, a further fine (not exceeding one thousand pounds in all) not exceeding one hundred pounds for every day during which the offence is continued, | ||
(b) on conviction on indictment, to a fine not exceeding twenty thousand pounds together with, in the case of a continuing offence, a further fine not exceeding two thousand pounds for every day during which the offence is continued.”; | ||
and the said subsection (3) of the said section 7 and the said subsection (3) of the said section 12, as amended by this subsection, are set out in paragraphs 1 and 2, respectively, of the Table to this section. | ||
(2) Section 10 of the Act of 1972 is hereby amended by— | ||
(a) the substitution of “five hundred pounds” and “one thousand pounds” for “twenty-five pounds” and “one hundred pounds”, respectively, in subsection (3); and | ||
(b) the substitution of the following subsection for subsection (4): | ||
“(4) (a) (i) A person guilty of an offence under subsection (2) of this section shall be liable— | ||
(I) on summary conviction to a fine not exceeding one thousand pounds, | ||
(II) on conviction on indictment to a fine not exceeding twenty thousand pounds. | ||
(ii) Where a person is convicted on indictment of an offence under subsection (2) of this section, the Court may, at its discretion, in addition to imposing any fine to which the person may be liable under this section, order that the interest of the person, whether as owner or otherwise, in any apparatus in relation to which the offence was committed be forfeited. | ||
(b) A court shall not order any thing to be forfeited under paragraph (a) of this subsection if a person claiming to be the owner of or otherwise interested in it applies to be heard by the court, unless an opportunity has been given to him to show cause why the order should not be made.”; | ||
and the said subsection (3), as amended by this subsection, is set out in paragraph 3 of the Table to this section. | ||
(3) Section 4 (2) of the Criminal Justice Act, 1951, and section 13 (3) (b) of the Criminal Procedure Act, 1967 (which provide for maximum penalties under section 11 of the Act of 1926) are hereby repealed. | ||
TABLE | ||
1. (3) Every person on whom a special notice is duly served under this section shall within the time aforesaid duly and correctly complete in accordance with such notice and this section the form of declaration accompanying or annexed to such notice and give or send such declaration to the officer named in that behalf in such notice, and if any such person shall fail or neglect so to complete and give or send such declaration or shall make in such declaration any statement which is to his knowledge false or misleading he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a penalty not exceeding two hundred and fifty pounds. | ||
2. (3) Every person who works or uses any apparatus for wireless telegraphy in contravention of this section and, having been served with a notice under this section requiring him to terminate the interference or injurious affection which contravenes this section, does not within the time specified in that behalf in such notice terminate by the means specified in such notice or by some other means such interference or injurious affection shall be guilty of an offence under this section and shall be liable— | ||
(a) on summary conviction, to a fine not exceeding one thousand pounds, together with in the case of a continuing offence, a further fine (not exceeding one thousand pounds in all) not exceeding one hundred pounds for every day during which the offence is continued, | ||
(b) on conviction on indictment, to a fine not exceeding twenty thousand pounds together with, in the case of a continuing offence, a further fine not exceeding two thousand pounds for every day during which the offence is continued. | ||
3. (3) A person guilty of an offence under subsection (1) of this section shall be liable on summary conviction to a fine not exceeding— | ||
(a) in case the offence relates to a requirement of an order under the said section 5, five hundred pounds, and | ||
(b) in any other case, one thousand pounds. |