Wireless Telegraphy Act 1926

F22[Obligation to furnish certain information.

7

7.— (1) The appropriate authority may, whenever it considers it appropriate to do so, serve on a person a special notice, accompanied by or including a form of declaration, requiring the person—

(a) to state on the form of declaration such one or more of the matters specified in subsection (2) as is specified in the notice,

(b) to complete and sign the declaration, and

(c) to give or send the completed declaration by post to a specified officer of that authority.

The special notice is required to be in writing and to be sent by registered post.

(2) The matters which a person may be required under this section to state in a declaration are—

(a) whether he or she does or does not keep or has or has not in his or her possession any apparatus for wireless telegraphy (other than television sets),

(b) if he or she keeps or has in his or her 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 or her and the place at which he or she keeps or has the same,

(c) whether he or she has or has not a licence granted under section 5 and then in force,

(d) if he or she has such a licence, the number, date, and office of issue of such licence,

(e) any matter which the Commission may require for the purpose of an order under section 5 of the Wireless Telegraphy Act 1972, and

(f) any other matter relating to wireless telegraphy (other than television sets).

(3) Every person on whom a special notice is duly served under this section shall, within 14 days after service, duly and correctly complete in accordance with the notice and this section the form of declaration to the officer named in that behalf in the notice. If the person fails or neglects so to complete and give or send the declaration or makes in the declaration any statement which is to his or her knowledge false or misleading he or she commits an offence and is liable on summary conviction to a fine not exceeding €1,000.

(4) In a prosecution for an offence under subsection (3) in which it is shown that a specific notice has been sent by registered post, it shall be presumed, until the contrary is shown, that the person to whom the notice was sent has not complied with the requirements of that subsection.]

Annotations

Amendments:

F22

Substituted (12.07.2009) by Broadcasting Act 2009 (18/2009), s. 182 and sch. 2, commenced on enactment. A fine of €1,000 translates into a class D fine, not greater than €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(2) and table ref. no. 1, S.I. No. 662 of 2010.

Modifications (not altering text):

C14

Application of section restricted (12.07.2009) by Broadcasting Act 2009 (18/2009), s. 147(5), commenced on enactment.

Statutory declaration

147.—...

(5) On the passing of this Act section 7 of the Act of 1926 does not apply to television sets.

Editorial Notes:

E204

Previous affecting provision: subs. (1) substituted and subs. (3) amended (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 4(2) and sch. 1 part 1 item 6(a), (b), S.I. No. 224 of 2007, subject to transitional provisions in s. 4(4) and sch. 3; section substituted (12.07.2009) as per F-note above.

E205

Previous affecting provision: subss. (2)(b) and (3) amended (31.12.1988) by Broadcasting and Wireless Telegraphy Act 1988 (19/1988), ss. 17(1), 12(1)(b), in effect as per s. 21(2); section substituted (12.07.2009) as per F-note above.

E206

Previous affecting provision: subs. (2)(f) inserted, subs. (3) amended (3.04.1972) by Wireless Telegraphy Act 1972 (5/1972), s. 12(a), (b), commenced on enactment; section substituted (12.07.2009) as per F-note above.