Wireless Telegraphy Act, 1972

• Jurisdiction: Ireland
• Citation: IR No. 5/1972
• Year: 1972

No 5 of 1972
WIRELESS TELEGRAPHY ACT, 1972
ARRANGEMENT OF SECTIONS
Section 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
Part I
Part II
Part III
Acts Referred to Hire-Purchase Act, 1946 1946, No. 16 Wireless Telegraphy Act, 1926 1926, No. 45 Broadcasting Authority Act, 1960 1960, No. 10. Wireless Telegraphy Act, 1956 1956, No. 4
No 5 of 1972
WIRELESS TELEGRAPHY ACT, 1972
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:
	Interpretation.	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.
	Registration of television dealers.	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.
	Notification and recording of certain transactions.	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.
	Notification of certain instalments and payments.	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).
	Notification concerning apparatus or equipment capable of radiating certain radio frequency power.	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...