Jersey Law
17/1997
RADIO EQUIPMENT
(JERSEY) LAW 1997
____________
1 Interpretation
2 Restrictions on dealings in and custody of certain radio
equipment
3 Offences for breaches of Article 2
4 Forfeiture on conviction
5 Entry and search of premises, etc.
6 Seizure of equipment and other property used in committing
offences
7 Procedure for forfeiture of restricted equipment
8 Disposal of equipment and other property seized
9 Offences by bodies corporate
10 Aiders
and abettors
11 Short
title and commencement
A LAW to control the manufacture, sale, custody and importation of
certain wireless telegraphy apparatus; sanctioned by Order of Her Majesty in
Council of the
8th day of april 1997
____________
(Registered on the
2nd day of May 1997)
____________
STATES OF JERSEY
____________
The 18th day of February 1997
____________
THE
STATES, subject to
the sanction of Her Most Excellent Majesty in Council, have adopted the
following Law –
ARTICLE 1
Interpretation
(1) In
this Law –
“the
Board” means the Telecommunications Board;
“Customs
and Excise Law” means the Customs and Excise (General Provisions)
(Jersey) Law 1972 ;
“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;
“police
officer” has the meaning given in the Police Force (Jersey) Law 1974 ;
“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 three million 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) 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.
(4) Where
in this Law there is a reference to an Article by number only, without further
identification, such reference shall be construed as a reference to the Article
of that number contained in this Law.
(5) Where
in any Article of this Law there is a reference to a paragraph, sub-paragraph
or clause by number or letter only, and without further identification, such reference
shall be construed as a reference to the paragraph, sub-paragraph or clause of
that number or letter contained in the Article of this Law in which such
reference occurs.
(6) Where
this Law refers to any enactment, the reference is a reference to that
enactment as amended, and includes a reference to that enactment as extended or
applied by or under any other enactment, including any other provision of that
enactment.
ARTICLE 2
Restrictions
on dealings in and custody of certain radio equipment
(1) Where
it appears to the Board to be expedient to do so for the purpose of preventing
or reducing the risk of interference with wireless telegraphy, it 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.
(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 Board and subject to compliance with any terms and conditions
attached by the Board to that authority;
(b) in the case of action
within sub-paragraph (c) of paragraph (1) –
(i) except as mentioned
in sub-paragraph (a) of this paragraph, or
(ii) except as otherwise
authorized by law apart from this Article, or
(iii) without other reasonable
excuse.
(3) An
authority given by the Board 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.
(4) Any
terms or conditions attached by the Board 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.
(5) The
authority of the Board 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.
(6) The
Board 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 Board is satisfied that the Order, authority, term or condition in
question is compatible with the international obligations of the United Kingdom
which extend to the Island; 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 Board is so satisfied, that statement
shall be evidence of that fact.
(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) The
Subordinate Legislation (Jersey) Law 1960 shall apply to any Order made
under this Article.
ARTICLE 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 Board 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 not exceeding level 4 on the
standard scale.
ARTICLE
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 Board.
(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 Board in such manner as it thinks fit.
(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
Board within forty-eight hours of being so required by it.
(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 Board as required he shall be
guilty of a further offence which shall be treated as an offence committed
under Article 3.
ARTICLE 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, he 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 him any such assistance as he 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 him under this Article;
or
(b) without reasonable
excuse fails or refuses to give any person any assistance which he is under
this Article under a duty to give to him; 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 not exceeding level 4 on the standard scale.
ARTICLE 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, he 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 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 Board 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, he may seize and detain, for
the purposes of any relevant proceedings, any radio equipment or other thing
which appears to him to have been used in connection with or to be evidence of
the commission of any such offence.
(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 under paragraph (2) shall be guilty of an offence and liable
to a fine not exceeding level 4 on the standard scale.
(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.
ARTICLE 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 paragraph
(1) of Article 5 or in exercise of the power conferred by paragraph (2) of
Article 6, a police officer or any other person authorized by the Board for the
purpose may apply to the Attorney General to initiate proceedings for
forfeiture of the equipment under this Article.
(3) An
application under this Article must be made within the period of six 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 him to be the
owner of or otherwise interested in the equipment to which the application
relates requiring him 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 Board, 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.
(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 twenty-one 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 Board in such manner as it thinks fit.
ARTICLE 8
Disposal
of equipment and other property seized
(1) Any
property seized by the Board in pursuance of a warrant under paragraph (1) of
Article 5 or in exercise of the power conferred by paragraph (2) of Article 6
may be detained –
(a) until the end of the
period of six 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.
(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 Board; 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).
(3) The
Board shall take reasonable steps to deliver the relevant property to any
person appearing to it to be its owner.
(4) Where
the relevant property remains in the possession of the Board 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 Board may dispose of it in
such manner as it thinks fit.
(5) The
delivery of the relevant property in accordance with paragraph (3) to any
person appearing to the Board 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.
ARTICLE 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 he proves
that the offence was committed without his consent or connivance, and that he
exercised all such diligence to prevent the commission of the offence as he ought
to have exercised having regard to the nature of his functions in that capacity
and in all the circumstances.
ARTICLE 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.
ARTICLE 11
Short
title and commencement
This Law may be
cited as the Radio Equipment (Jersey) Law 1997 and shall come into force on
such day as the States may by Act appoint.
G.H.C. COPPOCK
Greffier of the
States.