No. 5/1972:

WIRELESS TELEGRAPHY ACT, 1972

ARRANGEMENT OF SECTIONS

1 Interpretation.

2 Registration of television dealers.

3 Notification and recording of certain transactions.

4 Notification of certain instalments and payments.

5 Notification concerning apparatus or equipment capable of radiating certain radio frequency power.

6 Notifications and records generally.

7 Restriction of manufacture or importation of certain apparatus.

8 Conservation of radio frequency spectrum and avoidance of undue interference with wireless telegraphy.

9 Presumptions relating to offences under sections 3 and 7 of Principal Act.

10 Offences and penalties.

11 Amendment of section 3 of Principal Act.

12 Amendment of section 7 of Principal Act.

13 Amendment of section 12A of Principal Act.

14 Amendment of Schedule.

15 Regulations generally.

16 Laying of orders and regulations.

17 Expenses of Minister.

18 Short title, collective citation and construction.

SCHEDULE

AN ACT TO ENABLE THE MINISTER FOR POSTS AND TELEGRAPHS TO OBTAIN CERTAIN INFORMATION AS TO THE SALE AND HIRE OF TELEVISION RECEIVING SETS, TO ENABLE HIM TO PROHIBIT THE MANUFACTURE OR IMPORTATION OF CERTAIN APPARATUS FOR WIRELESS TELEGRAPHY AND TO MAKE CERTAIN DECLARATIONS IN RELATION TO THE ISSUE OF LICENCES FOR APPARATUS FOR WIRELESS TELEGRAPHY, TO AMEND AND EXTEND THE WIRELESS TELEGRAPHY ACTS, 1926 AND 1956, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID.

[3rd April, 1972]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.—(1) In this Act—

"appointed day" means such day as the Minister may by order appoint under section 2 (4) of this Act;

"hire contract" means a contract for the letting of a television set on hire;

"hire-purchase agreement", "credit-sale agreement", "owner", "seller", and "buyer" have the meanings respectively assigned to them by section 1 of the Hire-Purchase Act, 1946 ;

"hirer" means—

( a ) a person described in the definition of hirer in section 1 of the Hire-Purchase Act, 1946 , and

( b ) a person with whom a hire contract is made by a television dealer;

"manufacture" includes construction by any method and the assembly of component parts;

"prescribed" means prescribed by regulations made by the Minister under section 15 of this Act;

"the Principal Act" means the Wireless Telegraphy Act, 1926 ;

"registered dealer" has the meaning assigned to it by section 2 (3) of this Act;

"television dealer" means a person who by way of trade or business—

( a ) sells television sets by wholesale or by retail,

( b ) lets such sets on hire or hire-purchase,

( c ) arranges for such sets to be sold or let as aforesaid by another television dealer,

( d ) engages in the collection of instalments or other payments of or towards the price or by way of rent in respect of the sale or letting of any television set, or

( e ) holds himself out as willing to engage in any of the foregoing activities;

"television set" means any apparatus for wireless telegraphy designed primarily for the purpose of receiving and exhibiting television programmes broadcast for general reception (whether or not its use for that purpose is dependent on the use of anything else in conjunction therewith) and any assembly comprising such apparatus and other apparatus.

(2) In this Act references to sale by retail include references to sale by credit-sale agreement but do not include references to sale by auction unless the auctioneer is selling as principal.

(3) For the purposes of this Act a television set is sold or let on hire or hire-purchase when the contract of sale or, as the case may be, the contract of hire or hire-purchase is made.

2.—(1) The Minister shall establish and maintain a register of television dealers.

(2) Subject to subsection (3) of this section, every person who is a television dealer on the appointed day or who subsequently becomes such a dealer shall, not later than thirty days after the appointed day, or, as the case may be, the date on which he becomes such a dealer, give to the Minister a notice in the prescribed form containing the following information—

( a ) that person's name, and

( b ) the place or places where the records which he is required by this Act to keep will be kept and be available for inspection,

and the information shall be entered in the register established and maintained under subsection (1) of this section.

(3) If a person who has given a notice under subsection (2) of this section (in this Act referred to as a registered dealer) ceases to be a television dealer, or any change occurs in the matters with respect to which he has given information under this section, he shall give notice thereof to the Minister not later than thirty days after the date on which he so ceases or, as the case may be, the change in question, and the Minister shall cancel or alter, as may be appropriate, the entry in the register relating to that dealer.

(4) The Minister may by order appoint a day to be the appointed day for the purposes of this Act.

3.—(1) Subject to subsections (2) and (3) of this section, every registered dealer required to give a notice under section 2 of this Act who after the expiration of the period within which he is required to give that notice—

( a ) sells a television set by wholesale or by retail;

( b ) lets a television set on a hire contract or on a hire-purchase agreement; or

( c ) arranges for a television set to be sold or let as aforesaid to any person by another television dealer,

shall, in relation to that sale or letting, give to the Minister a notice containing the particulars specified in Part I of the Schedule to this Act and make a record of the particulars specified in that Part, and the particulars shall be given to the Minister not later than—

(i) in case a time is specified in the said Schedule in relation to the particulars, that time, and

(ii) in any other case, the last day of the month which follows the month during which the sale or letting was made.

(2) Where a registered dealer sells or lets a television set to another registered dealer for sale or letting by that other dealer, the registered dealer who made the sale or letting shall not be required to comply with subsection (1) of this section but shall instead, in relation to the sale or letting, give to the Minister, not later than the last day of the month which follows the month during which the sale or letting was made, a notification of the name and address of the other registered dealer concerned and make a record of that name and address.

(3) Where pursuant to an arrangement of the kind specified in subsection (1) (c) of this section, a television set is sold or let by a registered dealer and subsection (1) of this section is required to be complied with as regards the sale or letting by the other dealer concerned—

( a ) in relation to the sale or letting the registered dealer with whom the arrangement was made shall not be required to comply with subsection (1) of this section, and

( b ) that registered dealer shall, unless all payments of or towards the price or by way of rent in respect of the sale or letting are to be received or collected on his behalf by the dealer who made the arrangement, in relation to the sale or letting, give to the Minister, within the time specified in subsection (2) of this section, a notification containing the particulars specified in Part II of the Schedule to this Act.

4.—(1) Every registered dealer shall, within such period (not being less than 90 days) immediately following his registration as the Minister shall fix by order, notify the Minister whether, by virtue of a credit-sale agreement, hire contract or hire-purchase agreement relating to the sale or letting of a television set and made on or before the day on which the period within which he is required under section 2 of this Act to give notice expires, any instalment of the price or payment of rent fell or will fall, as may be appropriate, to be paid on or after the aforementioned day.

(2) In case an instalment or payment mentioned in subsection (1) of this section fell or will fall to be paid in the manner mentioned in that subsection, the registered dealer shall, with respect to the contract or agreement to which the instalment or payment relates, in addition give to the Minister a notice containing the particulars specified in Part III of the Schedule to this Act, and the particulars shall be given to the Minister within—

( a ) in case a time is specified in the said Schedule in relation to the particulars, that time, and

( b ) in any other case, the period mentioned in the said subsection (1).

5.—For the purpose of facilitating the prompt detection of significant sources of interference with wireless telegraphy, the Minister may by order require any person who is in possession of any apparatus or equipment capable of radiating, in conditions specified in the order, radio frequency power equal to or greater than an amount so specified, to give to the Minister, within such period as shall be specified in the order, a notice containing the following information—

( a ) that person's name and address;

( b ) descriptive particulars of the apparatus or equipment; and

( c ) the address of the premises at which it has been or is to be installed.

6.—(1) Any notice to be given to the Minister under the foregoing provisions of this Act shall be in writing and be in the prescribed form (if any).

(2) Any record required by this Act to be made may be made either in the prescribed form (if any) or in any other form which enables the matters recorded to be readily ascertained by any person to whom the record is produced for inspection; and any matter required to be recorded by virtue of this Act shall be recorded by the person concerned—

( a ) in case a time is specified in relation thereto in the Schedule to this Act, within that time, and

( b ) in any other case, not later than the last day of the month which follows the month during which the relevant sale or letting was made.

(3) Any record required by this Act to be made by any person shall be kept at a place at which he carries on business and, unless he previously ceases to be a television dealer, shall be preserved by him—

( a ) in case it relates to a sale and the sale price is not payable by instalments, for not less than twelve months from the date of the sale:

( b ) in case it relates to a sale and the price is payable by instalments or to a letting, for twelve months from the date when the last instalment or payment of rent is due.

(4) The person having charge of any place where a record is kept under this section shall at any reasonable hour, if so required by an officer of the Minister duly authorised in that behalf by the Minister, produce the record for inspection.

(5) Any notification required to be given to the Minister by or under this Act may be given by sending it to him by registered post.

7.—(1) Where it appears to the Minister to be expedient that the provisions of this section should, for the purpose of preventing or reducing the risk of interference with wireless telegraphy, or for such other purpose as the Minister shall specify, apply to any class or description of apparatus for wireless telegraphy, he may, with the consent of the Minister for Industry and Commerce, by order specify apparatus of that class or description for the purposes of this section.

(2) Subject to subsection (3) of this section, where any class or description of apparatus for wireless telegraphy is for the time being specified by an order under subsection (1) of this section—

( a ) a person shall not sell, let on hire or manufacture, whether or not for sale, apparatus of that class or description, and

( b ) a person shall not import apparatus of that class or description.

(3) An order under subsection (1) of this section may include provisions enabling the Minister—

( a ) to grant licences exempting from the provisions of subsection (2) (a) of this section any apparatus for wireless telegraphy of a specified class or description which is manufactured in the State solely for export, and

( b ) to issue any such licence subject to such terms and conditions (including terms and conditions as to sale) as may be specified in the licence.

(4) The Minister may by order revoke or amend an order under this section (including an order under this subsection).

8.—(1) For the purpose of conserving the radio frequency spectrum or avoiding undue interference with wireless telegraphy, the Minister may from time to time impose such special conditions mentioned in subsection (4) of this section as he shall think proper. When granting a licence under the Principal Act the Minister may declare that the licence is issued subject to compliance by the holder of the licence with any special conditions imposed under this section which apply to the apparatus for wireless telegraphy to which the licence relates and are in force at any time when the licence is in force. In case the Minister makes a declaration under this section in relation to a licence, he shall take such steps as are necessary to ensure that a copy of any special condition which is for the time being imposed under this subsection is available for inspection at all reasonable times by any person.

(2) Whenever the Minister imposes special conditions under this section, as soon as practicable he shall cause notice of that fact to be published in at least one daily newspaper published in the State and the notice shall contain a statement of the place where and the hours during which a copy of the special conditions may be inspected by any person.

(3) Whenever the Minister makes a declaration under this section. the licence to which the declaration relates, for so long as a special condition imposed under this subsection and relating to the relevant apparatus for wireless telegraphy remains in force, shall be deemed to be issued subject thereto.

(4) The conditions referred to in subsection (1) of this section are conditions (which may be restrictions) as to the installation, maintenance or use of apparatus for wireless telegraphy and such conditions may apply to a particular apparatus or to apparatus which is of a particular type or description.

(5) A prosecution for a contravention of or a failure to comply with the requirements of a special condition subject to which, by virtue of this section, a licence is deemed to have been granted shall not be brought against a person unless prior to the commission of the alleged offence—

( a ) the Minister has given to the person notice in writing of the special condition to which the alleged offence relates, and

( b ) the person has had a reasonable opportunity of complying with the requirement of the special condition.

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.

(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.

(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).

(4) In this section—

"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;

"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.

10.—(1) A person who—

( a ) without reasonable cause or excuse, fails to comply with any of the requirements of section 2, 3 or 4 of this Act or a requirement of an order under section 5 of this Act, or

( b ) in purported compliance therewith—

(i) furnishes any information which to his knowledge is false in a material respect, or

(ii) makes or causes to be made or knowingly allows to be made any record which to his knowledge is false in a material respect,

shall be guilty of an offence under this subsection.

(2) A person who—

( a ) sells, lets on hire or manufactures any apparatus for wireless telegraphy in contravention of section 7 of this Act,

( b ) imports any such apparatus in contravention of the said section 7,

( c ) contravenes or fails to comply with any term or condition subject to which a licence is granted to him by the Minister under the said section 7, or

( d ) contravenes or fails to comply with any special condition subject to which, by virtue of section 8 of this Act, a licence is deemed to have been granted to him by the Minister under the Principal Act,

shall be guilty of an offence under this subsection.

(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, twenty-five pounds, and

( b ) in any other case, one hundred pounds.

(4) A person guilty of an offence under subsection (2) of this section shall be liable on summary conviction—

( a ) in the case of a first such offence, to a fine not exceeding fifty pounds, and

( b ) in the case of a second or subsequent such offence, to a fine not exceeding one hundred pounds,

and also, in every case, forfeiture of all the apparatus in respect of which the offence was committed.

(5) If a person is convicted of failing to comply with a requirement mentioned in subsection (1) of this section and the failure to comply with the requirement continues after the conviction, that person shall be guilty of a further offence of failing to comply with the requirement and shall be liable to be proceeded against and punished accordingly.

11.—Section 3 of the Principal Act is hereby amended by—

( a ) the substitution in subsection (2) of "instal, maintain, work or use" and "expressly, or is by virtue of this Act deemed to have been," for "work or use" and "by virtue of this Act deemed to have been." respectively.

( b ) the substitution of the following for subsection (3):

"(3) 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 under this section and shall be liable on summary conviction thereof—

( a ) in the case of a first such offence, to a fine not exceeding fifty pounds, and

( b ) in the case of a second or subsequent such offence, to a fine not exceeding one hundred pounds,

and also, in every case, to forfeiture of the apparatus in respect of which the offence was committed", and

( c ) the substitution of the following for subsection (6):

"(6) This section shall not apply to apparatus for wireless telegraphy which is—

( a ) of a class or description for the time being declared by an order of the Minister (which may be revoked or amended by a further order) to be a class or description of apparatus for wireless telegraphy to which this section is not to apply,

( b ) kept by or in the possession of the Minister for Defence for the purposes of the Defence Forces, or

( c ) in any ship of war belonging to the State or any other country or state."

12.—Section 7 of the Principal Act is hereby amended by—

( a ) the addition of the following paragraph to subsection (2):

"( f ) any matter which the Minister may require for the purpose of clarifying particulars recorded or notified by the person in purported compliance with section 2 , 3 or 4 of the Wireless Telegraphy Act, 1972 , or an order under section 5 of that Act.", and

( b ) the substitution of "fifty pounds" for "five pounds" in subsection (3).

13.—Section 12A (3) of the Principal Act (inserted by section 34 of the Broadcasting Authority Act, 1960 ) is hereby amended by the substitution of "second. The references in this subsection to apparatus include references to apparatus for wireless telegraphy and references to any form of electric line." for all the words from "second," to the end of the subsection.

14.—(1) The Minister may by order amend the Schedule to this Act.

(2) When an order under this section is proposed to be made, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

15.—The Minister may make regulations for prescribing any matter referred to in this Act as prescribed.

16.—The Minister shall cause every order, other than an order under section 14 of this Act, and regulation made under this Act to be laid before each House of the Oireachtas as soon as may be after being made and, if a resolution annulling the order or regulation is passed by either such House within the next twenty-one days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

17.—The expenses incurred by the Minister in the administration of this Act shall, to such extent, as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

18.—(1) This Act may be cited as the Wireless Telegraphy Act, 1972 .

(2) The Wireless Telegraphy Acts, 1926 and 1956, the Broadcasting, Authority Acts, 1960 to 1971, in so far as they amend those Acts, and this Act may be cited together as the Wireless Telegraphy Acts, 1926 to 1972.

(3) The Principal Act (as amended by the Wireless Telegraphy Act, 1956 , the Broadcasting Authority Act, 1960 , and the Broadcasting Authority Act, 1966) and this Act shall be construed together as one Act.

SCHEDULE

Sections 3 and 4.

NOTIFICATIONS AND RECORDS

PART I

Particulars to be notified and recorded pursuant to section 3 (1).

1. The date of the sale or letting.

2. The name and address of the buyer or hirer.

3. The make and type of television set and in particular whether it is (a) designed for reception in colour, and (b) portable.

4. In the case of a sale, whether the price is payable by instalments and, in the case of a letting, whether it is a letting on hire or hire-purchase.

5. In the case of a credit sale or a letting, the name and address of the seller or owner and the name and address of any person who is to receive any payment or instalment of or towards the price or by way of rent in respect of the credit sale or the letting.

6. If the set has been or is to be installed by the registered dealer or another person to his order, the address of the premises at which it has been or is to be installed and the name of the occupier (if known) of those premises.

Within 30 days of the knowledge coming to the information of the registered dealer concerned.

7. In case the dealer is himself the seller or owner or such payments or instalments are to be received by the dealer or collected by him on behalf of the seller or owner, any change in the address of the buyer or hirer.

8. If after the date of the sale or letting any payments of or towards the price or by way of rent in respect of the sale or letting which would otherwise be received or collected by the dealer are to be received or collected by another person, the name and address of of that other person.

PART II

Particulars to be notified pursuant to section 3 (3).

1. The date of the hire contract, hire-purchase agreement or credit-sale agreement, as the case may be.

2. The name and address of the buyer or hirer.

3. The name and address of the registered dealer who arranged the sale or letting.

Within 30 days of the information coming to the knowledge of the other registered dealer concerned.

4. Any change in the address of the buyer or hirer.

PART III

Particulars to be notified pursuant to section 4 (2).

1. The name and address of the buyer or hirer.

2. The date of the hire contract, credit-sale agreement or hire-purchase agreement, as the case may be.

3. If after the date of the sale or letting any payments of or towards the price or by way of rent in respect of the sale or letting which would otherwise be received or collected by the dealer are to be received or collected by another person, the name and address that other person.

Within 30 days of the information coming to the knowledge of the registered dealer concerned.

4. Any change in the address of the buyer or hirer.

5. If after a notification pursuant to section 4 (2) of this Act has been given, any payments of or towards the price or by way of rent in respect of the sale or letting which would otherwise be received or collected by the dealer are to be received or collected by another person, the name and address of that other person.