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Amendment of section 12A of Act of 1926.
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19.—Section 12A of the Act of 1926 (inserted by section 34 (f) of the Act of 1960) is hereby amended by—
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(a) the substitution of the following subsection for subsection (1) :
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“(1) The Minister may make regulations for any or all of the following purposes:
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(a) for prescribing the requirements to be complied with in the case of any apparatus to which this section applies if the apparatus is to be used;
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(b) for prescribing the requirements to be complied with in the case of any apparatus to which this section applies if the apparatus is to be sold otherwise than for export, or offered or advertised for sale otherwise than for export, or let on hire or offered or advertised for letting on hire by any person who in the course of business manufactures, assembles or imports such apparatus;
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(c) for prescribing the requirements to be complied with in the case of any apparatus to which this section applies if the apparatus is to be sold for export to a country or territory which is for the time being declared under this section by the Minister to be a country or territory to which this paragraph applies or offered or advertised for such sale, by any person mentioned in paragraph (b) of this subsection.”;
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(b) the substitution of the following for subsection (9) :
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“(9) Whenever the Minister is of the opinion that any apparatus does not comply with the requirements applicable to it under regulations under this section for the purposes specified in paragraphs (b) or (c) of subsection (1) of this section—
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(a) in case the Minister is of the opinion that the apparatus does not comply with the requirements applicable to it under regulations so made for the purposes specified in the said paragraph (b), he may serve on or send by registered post to any person who has manufactured or imported the apparatus in the course of business a notice prohibiting the person, as from the expiration of a period (not being less than seven days) specified in the notice, from selling the apparatus, otherwise than for export, or offering or advertising it for such sale, or letting it on hire or advertising it for letting on hire,
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(b) in case the Minister is of the opinion that the apparatus does not comply with the requirements applicable to it under regulations so made for the purposes specified in the said paragraph (c), he may serve on or so send to any person who has manufactured or exported the apparatus in the course of business a notice prohibiting the person, as from the expiration of a period (not being less than seven days) specified in the notice, from selling the apparatus for export to the countries or territories specified in the relevant regulations under this section, or offering or advertising it for such sale,
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and in any such case requiring the person within such a period so specified,—
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(i) to make the apparatus available for inspection by an officer of the Minister and authorised by him, or in case an order made under subsection (14) of this section is for the time being in force, an officer or servant of the Authority or any other body specified in the order and authorised by the Authority or the other body, as may be appropriate, to make the inspection,
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(ii) if requested by such officer or servant to transport, at the expense of the person, to a place specified by the officer or servant a sample or samples (which such officer or servant is hereby empowered to select) of the apparatus, or of any part of the apparatus specified by such officer or servant, for testing pursuant to subsection (9A) of this section.
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(9A) Where apparatus or any other thing is transported pursuant to a request made under subsection (9) of this section, the apparatus or other thing may be subjected by the person by whom the request was made or by any other officer or servant of the Minister, the Authority or the other body, as may be appropriate, to tests for the purpose of ascertaining whether or not the apparatus or other thing complies with the requirements applicable to it under the relevant regulations under this section.”;
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(c) the substitution of the following paragraph for paragraph (b) of subsection (10) :
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“(b) after the expiration of the period specified in the notice, such person contravenes the provisions, or fails to comply with the requirements, of the notice,”; and
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(d) the insertion of the following subsections after subsection (13) :
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“(14) The Minister may by order (which he may at any time revoke or amend by a further order) declare that the Authority or any other body specified in the order shall have all the powers which the Minister may exercise under subsection (9) of this section and, whenever such an order is for the time being in force, the Authority or the other body so specified shall have those powers and subsection (9) of this section shall have effect as if each of the references therein to the Minister included a reference to the Authority or to the other body so specified, as may be appropriate.
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(15) The Minister may by regulations declare any country or territory specified in the regulations to be a country or territory to which paragraph (c) of subsection (1) of this section applies.
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(16) In this section ‘the Authority’ means Radio Telefís Éireann.”.
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