(a)
intentionally modifies or interferes with the contents of a message sent by means of that
system or service;
(b) intentionally intercepts a message sent by means of that system or service;
(c) where a message sent by means of that system or service has been intercepted, intentionally
discloses to any person the contents of that message; or
(d) intentionally discloses to any person the contents of any statement of account specifying the
telecommunication services provided for any other person by means of that system or
service –
commits an offence.
(2) Subsection (1) (b) and (c) shall not apply to anything done in obedience to a warrant under
the hand of the Minister.
(3) Subsection (1) (b), (c), and (d) shall not apply to any disclosure in connection with the
investigation of any criminal offence or for the purposes of any criminal proceedings.
(4) Any person who fraudulently retains, secretes, makes away with or wilfully detains a
message which ought to have been delivered to some other person, commits an offence.
(5) A person who commits an offence under this section shall be liable on summary
conviction, to a fine not exceeding $200 and to imprisonment for a term not exceeding six
months.
Offences in respect of radiocommunications
55.(1) Any person who –
(a) knowingly sends, transmits, or causes to be sent or transmitted any false or fraudulent
distress signal, message, call, or radiogram of any kind; or
(b) without lawful excuse, interferes with or obstructs any radio communication –
commits an offence.
(2) Any person who, without lawful excuse, intercepts and makes use of, or intercepts and
divulges, any radiocommunication, except where permitted by the originator, commits an
offence.
(3) It shall not be an offence under subsection (1)(b) and subsection (2) of this section to do
anything in obedience to a specific order under the hand of the Minister or to an order of a
Magistrate.
(4) Any person who –
(a) contravenes section 23; or
(b) without lawful excuse, manufactures, imports, distributes, leases, offers for sale, sells,
installs, modifies, operates, or possesses any equipment under circumstances that give rise
to a reasonable inference that the equipment has been used, or is or was intended to be
used, for the purpose of contravening subsection (1) –
commits an offence.
(5) A person who commits an offence under this section shall be liable, on summary
conviction, in the case of an individual, to a fine not exceeding $5,000 and to imprisonment for a
term not exceeding 3 years.
(6) Where an offence under this section is committed or continued on more than one day, the
person who committed the offence shall be liable to be convicted for a separate offence for each
day on which the offence is committed or continued.
(7) Where any offence against this Act is committed in relation to a radiocommunication
station onboard a vessel or aircraft, the master or person in charge of the vessel or aircraft shall,
without prejudice to the liability of any other person, commit such offence.
Forfeiture of apparatus
56. In the case of a conviction for an offence under this Act or any regulation made under this
Act, any apparatus in relation to which or by means of which the offence was committed may
be –
18
18