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Wireless Telegraphy Act 2006

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This is the original version (as it was originally enacted).

83Facilitating broadcasting from structures etc

(1)A person commits an offence if he instals wireless telegraphy apparatus on or in a structure or other object, or supplies such apparatus for installation on or in a structure or other object, knowing, or having reasonable cause to believe, that by means of the apparatus broadcasts are to be made from it—

(a)in contravention of section 78(2); or

(b)while it is on the high seas.

(2)A person commits an offence if, in the case of a structure or other object—

(a)he supplies goods or materials—

(i)for its maintenance,

(ii)for the operation or maintenance of wireless telegraphy apparatus installed in or on it, or

(iii)for the sustenance or comfort of the persons in or on it,

(b)he carries goods or persons to or from it by water or air, or

(c)he engages a person to render services in or on it,

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

(3)In proceedings for an offence under this section consisting in carrying goods or persons to or from a structure or other object, it is a defence for the defendant to prove—

(a)that it was, or was believed to be, unsafe, and that the goods or persons were carried for the purpose of saving the lives of persons in or on it; or

(b)that a person in or on it 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.

(4)The reference in subsection (3)(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.

(5)The reference in subsection (3)(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.

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

(7)In this section references to a structure or other object do not include references to a ship or aircraft.

(8)This section is subject to section 86.

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