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Wireless Telegraphy Act 2006

Status:

This is the original version (as it was originally enacted).

82Facilitating broadcasting from ships or aircraft

(1)A person commits an offence if he provides a ship or aircraft to another, or agrees to do so, knowing, or having reasonable cause to believe, that broadcasts are to be made from it—

(a)in contravention of section 77(1); or

(b)while it is on or over the high seas.

(2)A person commits an offence if—

(a)he carries wireless telegraphy apparatus in a ship or aircraft, or agrees to do so, or

(b)he supplies wireless telegraphy apparatus to a ship or aircraft, or instals such apparatus in a ship or aircraft,

knowing, or having reasonable cause to believe, that by means of the apparatus broadcasts are to be made from the ship or aircraft as mentioned in subsection (1).

(3)A person commits an offence if—

(a)he supplies goods or materials—

(i)for the operation or maintenance of a ship or aircraft,

(ii)for the operation or maintenance of wireless telegraphy apparatus installed in a ship or aircraft, or

(iii)for the sustenance or comfort of the persons on board a ship or aircraft,

(b)he carries by water or air goods or persons to or from a ship or aircraft, or

(c)he engages a person as an officer or one of the crew of a ship or aircraft,

knowing, or having reasonable cause to believe, that broadcasts are made, or are to be made, from the ship or aircraft as mentioned in subsection (1).

(4)In proceedings for an offence under this section consisting in carrying goods or persons to or from a ship or aircraft, it is a defence for the defendant to prove—

(a)that the ship or aircraft was, or was believed to be, wrecked, stranded or in distress, and that the goods or persons were carried for the purpose of—

(i)preserving the ship or aircraft, or its cargo or equipment, or

(ii)saving the lives of persons on board the ship or aircraft; or

(b)that a person on board the ship or aircraft was, or was believed to be, hurt, injured or ill, and that the goods or persons were carried for the purpose of securing that he received the necessary surgical or medical advice and attendance.

(5)The reference in subsection (4)(a) to persons carried for the purpose of saving lives is not to be read as excluding the persons whose lives were to be saved.

(6)The reference in subsection (4)(b) to persons carried for the purpose of securing that advice and attendance were received is not to be read as excluding the person who was (or was believed to be) hurt, injured or ill.

(7)In proceedings for an offence under this section consisting in carrying a person (“A”) to or from a ship or aircraft, it is a defence for the defendant to prove that A was visiting the ship or aircraft for the purpose of exercising or performing a power or duty conferred or imposed on A by law.

(8)This section is subject to section 86.

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