Wireless Telegraphy Act, 1926

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.