Broadcasting and Wireless Telegraphy Act, 1988
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Amendment of sections 7 and 8 of Act of 1926. |
17.—(1) Paragraph (b) of section 7 (2) of the Act of 1926 is hereby amended by the insertion of “, the name and address of the person by whom such apparatus was sold, let, hired or otherwise supplied to him” after “the nature of such apparatus”, and the said paragraph (b), as so amended, is set out in the Table to this section. | |
(2) Section 8 (1) of the Act of 1926 is hereby amended by the insertion after “place” wherever that word occurs of “or in any specified vehicle” and by the insertion after the words “all or any part of such apparatus” of the words “or any such vehicle”. | ||
(3) Section 8 of the Act of 1926 is hereby amended by the substitution of the following subsections for subsection (2): | ||
“(2) A search warrant granted under this section shall operate to authorise any one or more of the following, namely, any member of the Garda Síochána or officer of the Minister or other person authorised by the person to whom the warrant is granted to accompany and assist him in the exercise of the powers thereby conferred on him. | ||
(3) (a) An officer of the Minister may retain anything seized under this section which he believes to be evidence of any offence or suspected offence under the Wireless Telegraphy Acts, 1926 to 1988, or the Broadcasting (Offences) Acts, 1968 and 1988, for use as evidence in proceedings in relation to any such offence, for such period from the date of seizure as is reasonable, or, if proceedings are commenced in which the thing so seized is required for use in evidence, until the conclusion of the proceedings, and, subject to section 3 (3A) of the Act of 1926, inserted by section 12 (1) (a) of the Broadcasting and Wireless Telegraphy Act, 1988, thereafter the Minister shall, as soon as may be, deliver any such thing to the person who in his opinion is the owner thereof, and in case the Minister decides that he is unable to ascertain such person, then, on and from the date of his decision, the Act of 1897 shall apply to the thing so seized. | ||
(b) Where, by virtue of paragraph (a) of this subsection, the Act of 1897 is applied to any thing, then, without prejudice to the right of any claimant of the thing to make an application under that Act in regard thereto, the Minister shall, as soon as may be, make such an application. | ||
(c) For the purpose of giving effect to the foregoing paragraphs of this subsection the Act of 1897 shall be construed and have effect subject to any modification which is necessary to give such effect. | ||
(d) In this subsection, ‘the Act of 1897’ means the Police (Property) Act, 1897 . | ||
(4) (a) Any person who by act or omission impedes or obstructs an officer of the Minister or a member of the Garda Síochána or any other person in the exercise of a power conferred by a search warrant granted under this section shall be guilty of an offence. | ||
(b) Any person who with intent to impede or obstruct an officer of the Minister or a member of the Garda Síochána or any other person in the exercise of a power conferred by a search warrant granted under this section places, erects, instals, keeps or maintains any thing shall be guilty of an offence and if, in the case of a continuing offence, the impediment or obstruction is continued after conviction, he shall be guilty of a further offence. | ||
(c) Every person guilty of an offence under this subsection shall be liable on summary conviction to a fine not exceeding £500.”. | ||
TABLE | ||
(b) If he keeps or has in his possession any such apparatus, the nature of such apparatus, the name and address of the person by whom such apparatus was sold, let, hired or otherwise supplied to him and the place at which he keeps or has the same. |