Wireless Telegraphy Act, 1926

• Jurisdiction: Ireland
• Citation: IR No. 45/1926
• Year: 1926

Number 45 of 1926.
WIRELESS TELEGRAPHY ACT, 1926.
ARRANGEMENT OF SECTIONS
Preliminary.
Section 1. Short title. 2. Definitions.
Part I.
Wireless Telegraphy and Signalling.
3. Restrictions on possession of wireless telegraphy apparatus. 4. Restrictions on maintenance of signalling stations. 5. Grant of licences. 6. Regulations in regard to licences. 7. Obligation to furnish certain information. 8. Issue of search warrants. 9. Regulations as to wireless telegraphy in ships and aircraft. 10. Government control of wireless telegraphy, etc., in emergencies. 11. Prohibition of certain classes of messages, etc. 12. Restrictions on user of apparatus for wireless telegraphy. 13. Prosecution of offences. 14. Offences committed in ships or aircraft. 15. Repeals and preservation of existing licences and payments. 16. Expenses.
Part II.
Broadcasting.
17. Maintenance of broadcasting stations by the Minister. 18. Charging of fees for broadcasting. 19. Advisory committee. 20. Expenses.
Acts Referred to Courts of Justice Act, 1924 No. 10 of 1924 Courts of Justice Act, 1926 No. 1 of 1926
Number 45 of 1926.
WIRELESS TELEGRAPHY ACT, 1926.
AN ACT TO MAKE PROVISION FOR THE REGULATION AND CONTROL OF WIRELESS TELEGRAPHY ON LAND, AT SEA, AND IN THE AIR, AND FOR THE REGULATION AND CONTROL OF CERTAIN CLASSES OF VISUAL AND SOUND SIGNALLING STATIONS, AND FOR THE ESTABLISHMENT AND MAINTENANCE OF STATE BROADCASTING STATIONS, AND TO PROVIDE FOR OTHER MATTERS RELATING TO WIRELESS TELEGRAPHY, SIGNALLING, AND BROADCASTING RESPECTIVELY. [24th December, 1926.]
BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—
Preliminary.
	Short title.	1.—This Act may be cited as the Wireless Telegraphy Act, 1926.
	Definitions.	2.—In this Act—
	the expression “the Minister” means the Minister for Posts and Telegraphs;
	the expression “wireless telegraphy” means and includes any system of communicating messages, spoken words, music, images, pictures, prints, or other communications, sounds, signs, or signals by means of radiated electro-magnetic waves originating in an apparatus or device constructed for the purpose of originating such communications, sounds, signs, or signals;
	the expression “apparatus for wireless telegraphy” means apparatus for sending and receiving or for sending only or for receiving only messages, spoken words, music, images, pictures, prints, or other communications, sounds, signs, or signals by wireless telegraphy and includes any part of such apparatus and any article primarily designed for use as part of such apparatus and not capable of being conveniently used for any other purpose;
	the word “broadcast” means the transmitting, relaying, or distributing by wireless telegraphy of broadcast matter;
	the expression “broadcasting station” means a building or other place fitted and equipped for broadcasting;
	the expression “broadcast matter” means and includes any lectures, speeches, news, reports, advertisements, recitations, dramatic entertainments, and other spoken words and any music (whether vocal or instrumental) and other sounds approved by the Minister as suitable for being broadcasted from a broadcasting station maintained under this Act;
	the expression “signalling station” means any fixed or not easily movable apparatus for signalling by means of visible signals or for signalling by means of audible signals.
Part I.
Wireless Telegraphy and Signalling.
	Restrictions on possession of wireless telegraphy apparatus.	3.—(1) Subject to the exceptions hereinafter mentioned, no person shall keep or have in his possession anywhere in Saorstát Eireann or in any ship or aircraft to which this section applies any apparatus for wireless telegraphy save in so far as such keeping or possession is authorised by a licence granted under this Act and for the time being in force.
	(2) No person having possession of apparatus for wireless telegraphy under a licence granted under this Act shall work or use such apparatus otherwise than in accordance with the terms and conditions subject to which such licence is by virtue of this Act deemed to have been granted.
	(3) Every person who keeps, has in his possession, works, or uses any apparatus for wireless telegraphy in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds, together with, in the case of a continuing offence, a further fine not exceeding one pound for every day during which the offence continues and also, in every case, forfeiture of all the apparatus in respect of which the offence was committed.
	(4) Apparatus for wireless telegraphy affixed to a ship to which this section applies or kept in any such ship for the use or general purposes of the ship in contravention of this section shall, for the purposes of a prosecution under this section, be deemed to be kept by and in the possession of the master of such ship and also to be kept by and in the possession of the owner of such ship.
	(5) Subject to the exceptions hereinafter mentioned this section applies to—
	(a) every ship registered in Saorstát Eireann, and
	(b) every unregistered ship or other vessel which is usually kept in or which frequents the waters (whether inland or territorial) of Saorstát Eireann, and
	(c) every ship or vessel not coming within either of the foregoing paragraphs which is for the time being in the waters (whether inland or territorial) of Saorstát Eireann and in respect of which no licence then in force for the possession or working of apparatus for wireless telegraphy has been granted in any other country or state, and
	(d) every aircraft owned by a person who, in the case of an individual, has his usual place of residence in Saorstát Eireann or, in the case of an association, company, or other body (whether corporate or incorporate), has its principal office in Saorstát Eireann, and
	(e) every aircraft not coming within the foregoing paragraph which is for the time being in or over Saorstát Eireann or the waters thereof and in respect of which no licence then in force for the possession or working of apparatus for wireless telegraphy has been granted in any other country or state.
	(6) This section shall not apply to any apparatus for wireless telegraphy kept by or in the possession of the Minister for Defence for the purposes of the Defence Forces, nor to any ship of war belonging to the Government of Saorstát Eireann or any other country or state.
	(7) For the purposes of this section the expression “unregistered ship or other vessel” means a ship or other vessel which is not registered under the laws for the time being in force in relation to the registration of ships in Saorstát Eireann or any other country or state.
	Restrictions on maintenance of signalling stations.	4.—(1) No person shall maintain a signalling station which is intended to be used or is capable of being used for the purpose of communication with ships at sea save in so far as such maintenance is authorised by a licence granted under this Act and for the time being in force.
	(2) No person shall work or use any such signalling station as aforesaid the maintenance of which is not authorised by a licence granted under this Act and for the time being in force nor shall any person work or use any such signalling station in any manner contrary to the licence granted under this Act in respect thereof.
	(3) Every person who maintains, works, or uses any such signalling station as aforesaid in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds together with, in the case of a continuing offence, a further fine not exceeding one pound for every day during which the offence continues.
	(4) Nothing in this section shall apply to any signalling station maintained under Lloyd's Signal Station Act, 1888 or maintained by or under the control of the Minister for Industry and Commerce or the Commissioners of Irish Lights or any person having by law authority over local lighthouses, buoys, and beacons.
	Grant of licences.	5.—(1) The Minister may, subject to the provisions of this Act and on payment of the prescribed fee (if any) grant to any person a licence to keep and have possession of apparatus for wireless telegraphy in any specified place in Saorstát Eireann or to keep and have possession of apparatus for wireless telegraphy in any specified ship or other vessel or aircraft or to maintain a signalling station at any place in Saorstát Eireann.
	(2) Every licence granted under this Act shall be in such form, continue in force for such period, and be subject to such conditions and restrictions (including conditions as to suspension and revocation) as shall be prescribed in regard thereto by regulations made by the Minister under this Act.
	Regulations in regard to licences.	6.—(1) The Minister may by order make regulations prescribing in relation to all licences granted under this Act or any particular class or classes of such licences all or any of the matters following, that is to say:—
	(a) the form of such licences,
	(b) the period during which such licences continue in force,
	(c) the manner in which, the terms on which, and the period or periods for which such licences may be renewed,
	(d) the circumstances and manner in which such licences may be suspended or revoked by the Minister,
	(e) the terms and conditions to be observed by the holders of such licences and subject to which such licences are deemed to be...