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.

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