Broadcasting and Wireless Telegraphy Act, 1988
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Production of licence granted under Act of 1926 required in certain circumstances. |
9.—(1) Subject to subsection (2) of this section, a person shall not, pursuant to a sale or to an agreement to sell, let on hire or hire-purchase or otherwise to supply, deliver any apparatus for wireless telegraphy other than a television set which is of a particular class or description unless within the relevant period there has been produced by or on behalf of the purchaser, hirer, or the party to whom the apparatus is to be otherwise supplied, as may be appropriate, for inspection by the person making the delivery or by his agent, a licence granted under the Act of 1926 which— | |
(a) was issued to the purchaser or hirer, or the party so supplied, as may be appropriate, and | ||
(b) relates to apparatus for wireless telegraphy which is of such class or description, and | ||
(c) is for the time being in force. | ||
(2) The Minister may by order exempt from the provisions of subsection (1) of this section apparatus for wireless telegraphy which is of a class or description specified in the order, and in case an order under this subsection is for the time being in force, subsection (1) of this section shall be construed and have effect subject to the terms of the order. | ||
(3) In any proceedings in which a contravention of subsection (1) of this section is alleged it shall be a defence for the defendant to— | ||
(a) prove that— | ||
(i) the relevant purchaser, hirer or party supplied produced to the defendant or to his agent a document purporting to be the licence the production of which would have satisfied the requirements of the said subsection (1), and | ||
(ii) such document was inspected by the defendant or by his agent, and | ||
(iii) the defendant, or, in case the document was produced to his agent, his agent, reasonably believed the document to be such licence, and | ||
(iv) the document was so produced within the period which would have been appropriate having regard to the said subsection (1), and | ||
(b) satisfy the court that such belief was reasonable. | ||
(4) Any person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable— | ||
(a) on summary conviction, to a fine not exceeding £1,000, | ||
(b) on conviction on indictment, to a fine not exceeding £20,000. | ||
(5) In this section— | ||
“the relevant period” means in relation to a delivery the period beginning on the day which is three days prior to the date on which the delivery is made and ending immediately before the making of the delivery; | ||
“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 this Act. |