Wireless Telegraphy Act, 1926

Government control of wireless telegraphy, etc., in emergencies.

10.—(1) If at any time the Executive Council is of opinion that a national emergency has arisen of such character that it is expedient in the public interest that the Executive Council should have full control over the sending and receiving of messages, signals, and other communications by means of wireless telegraphy and of signalling stations capable of being used for communicating with ships at sea, the Executive Council may, if they so think fit, publish in the Iris Oifigiúil a notice declaring that such emergency has arisen.

(2) At any time during the continuance of any such emergency as aforesaid the Minister shall by order make such regulations as appear to the Executive Council to be necessary in the circumstances of such emergency with respect to the possession, sale, purchase, construction or use of apparatus for wireless telegraphy or for the generation and distribution of electro-magnetic radiation and of such signalling stations as aforesaid and apparatus for use therein.

(3) Regulations made under this section may provide that a breach or contravention of any specified regulation shall be an offence triable summarily and may prescribe the punishments which may be inflicted for any such breach or contravention but so that a maximum punishment only and no minimum punishment shall be so prescribed and that no such maximum punishment shall exceed a fine of fifty pounds or imprisonment for a term of six months together with, in the case of a continuing breach or contravention, a fine of five pounds for every day during which such breach or contravention is committed and, in any case, forfeiture of the apparatus or other article in respect of which the breach or contravention is committed.

(4) Regulations made under this section shall continue in force for so long only as the emergency during which they are made continues, save that such regulations shall be deemed to continue in force after the termination of such emergency so far as may be necessary for the trial under such regulations of persons accused of having committed during such emergency a breach or contravention of any such regulation and the punishment of such persons (if convicted) under and in accordance with such regulations.

(5) For the purposes of this section—

(a) every such emergency shall, unless continued or sooner terminated under this sub-section, terminate at the expiration of three months from the publication in the Iris Oifigiúil of the notice mentioned in sub-section (1) of this section or, when the emergency has been continued under this sub-section, at the expiration of three months from the publication in the Iris Oiftgiúil of the last notice of such continuance, and

(b) any such emergency may be terminated at any time by the publication by the Executive Council in the Iris Oifigiúil of a notice declaring that the emergency has terminated, and

(c) any such emergency may be continued by the publication by the Executive Council in the Iris Oifigiúil before the termination of the emergency of a notice declaring that the emergency still continues.

(6) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and if either such House shall, within twenty-one days on which that House has sat next after the regulation was laid before it, pass a resolution annulling such regulation such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulation.

(7) No regulation which applies or relates to any ships to which the Merchant Shipping (Wireless Telegraphy) Act, 1919 applies shall be made by the Minister under this section without previous consultation with the Minister for Industry and Commerce.