Radio Equipment
(Jersey) Law 1997[1]
A LAW to control the manufacture,
sale, custody and importation of certain wireless telegraphy apparatus
Commencement
[see
endnotes]
1 Interpretation
(1) In this Law –
“Customs and Excise Law” means the Customs and Excise (Jersey)
Law 1999;
“interference”, in relation to wireless telegraphy,
means the prejudicing by any emission or reflection of electro-magnetic energy
of the fulfilment of the purposes of the telegraphy (either generally or in part,
and, without prejudice to the generality of the preceding words, as respects
all, or as respects any, of the recipients or intended recipients of any
message, sound or visual image intended to be conveyed by the telegraphy);
“manufacture” includes construction by any method and
the assembly of component parts;
“Minister” means the Minister
for Sustainable Economic Development;
“proper officer” means any officer of the Impôts;
“radio equipment” means wireless telegraphy apparatus
and any apparatus designed or adapted for use in connection with wireless
telegraphy apparatus, and “equipment” shall be construed
accordingly;
“wireless telegraphy” means the emitting or receiving,
over paths which are not provided by any material substance constructed or
arranged for that purpose, of electro-magnetic energy of a frequency not
exceeding 3,000,000 megacycles a second, being energy which either –
(a) serves
for the conveying of messages, sound or visual images (whether the messages,
sound or images are actually received by any person or not), or for the
actuation or control of machinery or apparatus; or
(b) is
used in connection with the determination of position, bearing or distance, or
for the gaining of information as to the presence, absence, position or motion
of any object or of any objects of any class,
and references to “wireless telegraphy apparatus” shall
be construed as references to apparatus for the emitting or receiving as aforesaid
of such electro-magnetic energy as aforesaid.[2]
(2) Any reference in this Law
to the emission of electro-magnetic energy, or to emission (as opposed to
reception), shall be construed as including a reference to the deliberate
reflection of electro-magnetic energy by means of any apparatus designed or
specially adapted for that purpose, whether the reflection is continuous or
intermittent.
(3) Any reference in this Law
to the sending or the conveying of messages includes a reference to the making
of any signal or the sending or conveying of any warning or information, and
any reference to the reception of messages shall be construed accordingly.
2 Restrictions on dealings in and custody of certain radio equipment
(1) Where it appears to the
Minister to be expedient to do so for the purpose of preventing or reducing the
risk of interference with wireless telegraphy, the Minister may, by Order,
restrict any of the following actions in relation to radio equipment of any
class or description specified in the Order –
(a) manufacture
(whether or not for sale);
(b) selling
or offering for sale, letting on hire or offering to let on hire, or indicating
(whether by display of the equipment or by any form of advertisement) a willingness
to sell or let on hire;
(c) having
in one’s custody or control; and
(d) importation.[3]
(2) No person shall, in
relation to radio equipment of any class or description, take any action which
is restricted in relation to equipment of that class or description by an Order
under paragraph (1) –
(a) except
under the authority of the Minister and subject to compliance with any terms
and conditions attached by the Minister to that authority;
(b) in
the case of action within paragraph (1)(c) –
(i) except as
mentioned in sub-paragraph (a),
(ii) except
as otherwise authorized by law apart from this Article, or
(iii) without
other reasonable excuse.[4]
(3) An authority given by the
Minister for the purpose of this Article in the case of radio equipment of any
class or description specified in an Order under this Article may be
limited –
(a) to
such of the actions restricted by the Order;
(b) to
such subsidiary class or description of equipment within the class or
description specified in the Order,
as may be specified in the authority.[5]
(4) Any terms or conditions
attached by the Minister to any authority under this Article for manufacture or
importation may relate to a period after, as well as to the time of, or a
period before, the manufacture or importation.[6]
(5) The authority of the Minister
may be given, and any terms or conditions may be attached to it, either
generally by means of a notice in the Jersey Gazette or by an instrument in
writing issued to each person authorized to do, in relation to radio equipment
of any class or description to which an Order under this Article relates,
anything for the time being restricted by the Order.[7]
(6) The Minister shall not
make any Order under this Article or give any authority for the purposes of
this Article or attach any term or condition to any such authority, unless the Committee
is satisfied that the Order, authority, term or condition in question is
compatible with the international obligations of the United Kingdom which
extend to Jersey; and where any Order or any notice or instrument in writing
giving such an authority or attaching any term or condition to such an
authority contains a statement that the Minister is so satisfied, that
statement shall be evidence of that fact.[8]
(7) Where the importation of
radio equipment of any class or description is for the time being restricted by
an Order under this Article, the proper officer may require any person having
custody or control of any equipment of that class or description which is being
or has been imported to furnish proof that the importation of the equipment is
or was not unlawful by virtue of this Article; and if such proof is not
furnished to the satisfaction of the proper officer the equipment shall be
deemed, unless the contrary is proved, to be prohibited goods, and shall be
liable to forfeiture under the Customs and Excise Law.
(8) [9]
3 Offences for breaches of Article 2
Any person who takes any
action in contravention of any Order made under Article 2 or who contravenes or fails to comply with any term or condition
attached to any authority given by the Minister for the purposes of that Article (whatever the action to
which that authority relates) shall, without prejudice to any liability to a
penalty which may be incurred under the Customs and Excise Law, be guilty of an
offence and liable to a fine.[10]
4 Forfeiture on conviction
(1) Where a person is
convicted of an offence under Article 3, the court may, in addition to any
other penalty, order all or any of the radio equipment in connection with which
the offence was committed, to be forfeited to the Minister.[11]
(2) The power conferred by
virtue of paragraph (1) does not apply to wireless telegraphy apparatus
not designed or adapted for emission (as opposed to reception).
(3) Radio equipment may be
ordered to be forfeited under this Article notwithstanding that it is not the
property of the person by whom the offence giving rise to the forfeiture was
committed, and any equipment ordered to be forfeited under this Article may be
disposed of by the Minister in such manner as the Minister thinks fit.[12]
(4) The court by whom any
radio equipment is ordered to be forfeited under this Article may also order
the person by whom the offence giving rise to the forfeiture was committed not
to dispose of that equipment except by delivering it up to the Minister within 48 hours
of being so required by it.[13]
(5) If a person against
whom an order is made under paragraph (4) contravenes that order or fails
to deliver up the equipment to the Minister as required the person shall be
guilty of a further offence which shall be treated as an offence committed
under Article 3.[14]
5 Entry and search of premises, etc.
(1) If the Bailiff is satisfied
by information on oath that there is reasonable ground for suspecting that an
offence under Article 3 has been or is being committed, and that evidence
of the commission of the offence is to be found on any premises specified in
the information, or in any vehicle, vessel or aircraft so specified, the
Bailiff may issue a warrant authorizing any police officer, together with any
other person named in the warrant, at any time or times within one month from
the date of that warrant, to enter, if necessary by force, the premises
specified in the information or, as the case may be, the vehicle, vessel or
aircraft so specified and any premises upon which it may be, and to search the
premises or, as the case may be, the vehicle, vessel or aircraft, and to examine
and test any radio equipment found on the premises, vehicle, vessel or
aircraft.
(2) Where under this Article
a person has a right to examine and test any radio equipment on any premises or
in any vessel, aircraft or vehicle, it shall be the duty of any person who is
on the premises, or is in charge of, or in or in attendance on, the vehicle,
vessel or aircraft, to give the person any such assistance as the person may
reasonably require in the examination or testing of the equipment.
(3) Any person
who –
(a) intentionally
obstructs any person in the exercise of the powers conferred on the person
under this Article;
(b) without
reasonable excuse fails or refuses to give any person any assistance which he
or she is under this Article under a duty to give to the person; or
(c) discloses,
otherwise than for the purposes of this Law or of any report of proceedings
thereunder, any information obtained by means of the exercise of powers under
this Law, being information with regard to any manufacturing process or trade
secret,
shall be guilty of an offence and liable to a fine.[15]
6 Seizure of equipment and other property used in committing
offences
(1) Where a police officer
or other person named in a warrant issued under Article 5 has entered any
premises, vehicle, vessel or aircraft in the execution of that warrant, the
officer or person named may seize and detain, for the purposes of any relevant
proceedings, any radio equipment or other thing found in the course of the
search which appears to him or her to have been used in connection with or to
be evidence of the commission of any offence under Article 3.
(2) If a police officer or
any person authorized by the Minister to exercise the power conferred by this paragraph
has reasonable grounds to suspect that an offence under Article 3 has been
or is being committed, the officer or authorized person may seize and detain,
for the purposes of any relevant proceedings, any radio equipment or other
thing which appears to him or her to have been used in connection with or to be
evidence of the commission of any such offence.[16]
(3) Nothing in this Article
shall prejudice any power to seize or detain property which is exercisable by a
police officer apart from this Article.
(4) Any person who
intentionally obstructs any person in the exercise of the power conferred on
him or her under paragraph (2) shall be guilty of an offence and liable to
a fine.[17]
(5) References in this Article
to relevant proceedings are references to –
(a) any
proceedings for an offence under Article 3; and
(b) any
proceedings for forfeiture under Article 7.
7 Procedure for forfeiture of restricted equipment
(1) Radio equipment is
restricted equipment for the purposes of this Article if custody or control of
equipment of any class or description to which it belongs is for the time being
restricted by an Order under Article 2.
(2) Where any restricted
equipment is seized in pursuance of a warrant under Article 5(1) or in
exercise of the power conferred by Article 6(2), a police officer or any
other person authorized by the Minister for the purpose may apply to the
Attorney General to initiate proceedings for forfeiture of the equipment under
this Article.[18]
(3) An application under
this Article must be made within the period of 6 months beginning with the date
on which the equipment to which it relates was seized.
(4) The Attorney General
may issue a summons to any person appearing to the Attorney General to be the
owner of or otherwise interested in the equipment to which the application
relates requiring the person to appear before the Magistrate’s Court on a
day specified in the summons to show cause why the equipment should not be
forfeited.
(5) In addition to the person
summoned, any other person claiming to be the owner of or otherwise interested
in any equipment to which an application under this Article relates shall be
entitled to appear before the Magistrate’s Court on the day specified in
the summons to show cause why it should not be forfeited.
(6) Subject to the
following provisions of this Article, where any radio equipment is brought
before the Magistrate’s Court in proceedings under this Article and the
Court is satisfied that the equipment is restricted equipment, the Court shall order
the equipment to be forfeited to the Minister, unless the person summoned or
any other person entitled to appear before the Court for that purpose shows
cause why the equipment should not be forfeited.[19]
(7) Where in any
proceedings under this Article an order is made for the forfeiture of any
restricted equipment, any person who appeared, or was entitled to appear, to
show cause against the making of the order may appeal to the Royal Court.
(8) No order for the
forfeiture of any restricted equipment made under this Article shall take
effect –
(a) until
the end of the period of 21 days after the day on which the order is made; or
(b) if
appeal proceedings are brought in respect of the order within that period, until
the conclusion of those proceedings.
(9) If the
Magistrate’s Court does not order forfeiture of any radio equipment
brought before it in proceedings under this Article the Court may if it thinks
fit order the person on whose application the proceedings were initiated to pay
such costs as it thinks reasonable to any person who has appeared before it to
show cause why the equipment should not be forfeited; and costs ordered to be
paid under this paragraph shall be recoverable as a civil debt.
(10) Any restricted equipment
ordered to be forfeited under this Article may be disposed of by the Minister
in such manner as the Minister thinks fit.[20]
8 Disposal of equipment and other property seized
(1) Any property seized by the
Minister in pursuance of a warrant under Article 5(1) or in exercise of
the power conferred by Article 6(2) may be detained –
(a) until
the end of the period of 6 months beginning with the date of the seizure;
or
(b) if
proceedings for an offence under Article 3 involving that property or
proceedings for forfeiture of that property under Article 7 are instituted
within that period, until the conclusion of those proceedings.[21]
(2) After the end of the
period for which its detention is authorized by virtue of paragraph (1),
any such property which –
(a) remains
in the possession of the Minister; and
(b) has
not been ordered to be forfeited under Article 4 or under Article 7,
shall be dealt with in accordance with the following provisions of
this Article (and references in those provisions to the relevant property are
references to any property to which this paragraph applies).[22]
(3) The Minister shall take
reasonable steps to deliver the relevant property to any person appearing to
the Minister to be its owner.[23]
(4) Where the relevant
property remains in the possession of the Minister after the end of the period
of one year immediately following the end of the period for which its detention
is authorized by paragraph (1), the Minister may dispose of it in such
manner as the Minister thinks fit.[24]
(5) The delivery of the
relevant property in accordance with paragraph (3) to any person appearing
to the Minister to be its owner shall not affect the right of any other person
to take legal proceedings against the person to whom it is delivered or against
anyone subsequently in possession of the property for the recovery of the
property.[25]
9 Offences by bodies corporate
Where any offence under
this Law has been committed by a body corporate, every person who at the time
of the commission of the offence was a director, manager, secretary or other
similar officer of the body corporate, or was purporting to act in any such
capacity, shall be deemed to be guilty of that offence unless the person proves
that the offence was committed without the person’s consent or
connivance, and that the person exercised all such diligence to prevent the
commission of the offence as the person ought to have exercised having regard
to the nature of the person’s functions in that capacity and in all the
circumstances.
10 Aiders and abettors
Any person who knowingly
or wilfully aids, abets, counsels, causes, procures or commands the commission
of an offence punishable by this Law shall be liable to be dealt with, tried
and punished as a principal offender.
11 Citation
This Law may be cited as
the Radio Equipment (Jersey) Law 1997.