ELECTRONIC COMMUNICATIONS (REGULATION)
[ CAP. 399.
17
(c) distributes illicit devices in or from Malta for
commercial purposes; or
(d) sells or rents out illicit devices for commercial
purposes; or
(e) is in possession of illicit devices for commercial
purposes; or
(f) installs, maintains or replaces illicit devices for
commercial purposes; or
(g) commercially promotes, markets or advertises illicit
devices,
shall, on conviction, be liable to imprisonment for a term not
exceeding one year or to a fine (multa) of twenty-five thousand
euro (€25,000) or to both such fine and imprisonment.
(3) In proceedings taken under sub-article (2) the Court shall
order the Commissioner of Police to destroy goods established to
be illicit devices without compensation of any sort to any person
and, where a person is found guilty of infringing the provisions of
sub-article (2) in respect of the said goods, at the cost of that
person.
Destruction of
illicit devices.
(4) A provider of a protected service whose interests are
affected by any act mentioned in sub-article (2)(a) to (g) shall have
against the perpetrator of any such act and in respect of such act:
Civil proceedings.
(a) a civil action for damages, and
(b) a right to demand a warrant of prohibitory injunction
to obtain provisional protection of his interests, and
(c) a right to demand an order from the competent Court
for the destruction or, if appropriate, the disposal
outside commercial channels of illicit devices.
PART IV
Added by:
XII. 2010.5.
RADIOCOMMUNICATIONS
26. (1) In this Part:
"apparatus" or "equipment" means an electrical or electronic
product, which intentionally emits and, or receives radio waves for
the purpose of radiocommunication and, or radiodetermination, or
an electrical or electronic product which must be completed with an
accessory, such as antenna, so as to intentionally emit and, or
receive radio waves for the purpose of radiocommunication and, or
radiodetermination; "apparatus general authorisation" means the
framework established by or under this Part laying down the rights
and obligations of persons making use of any such
radiocommunications apparatus as the Minister may from time to
time in accordance with the provisions of this Part designate by
order in the Gazette as being covered by a apparatus general
authorisation;
"authorisation" includes an individual authorisation or licence
however so described issued under this Part, or any apparatus
general authorisation however so described applicable to any
Interpretation.
Added by:
XII. 2010.5.
Amended by:
IX. 2011.3.
Re-numbered by:
IX. 2011.27.
Amended by:
LII. 2021.28.