20
CAP. 399.]
ELECTRONIC COMMUNICATIONS (REGULATION)
a person to deliver the apparatus to the Authority:
Provided that the Authority may seize and, or retain any
such apparatus and, or cause the use of any such apparatus to be
disabled or restricted in any manner, under such conditions and for
such period of time as the Authority may specify where it results to
the Authority that such apparatus is being used in breach of this Part
or of any authorisation conditions that may apply in relation to the
said apparatus.
(2) Any expenses incurred by the Authority in the exercise of
its functions under this article including in the seizure, retention, or
storage however so described of the said apparatus, shall be
recoverable as a civil debt by the Authority from any person acting
in breach of this article.
Penalties.
Added by:
XII. 2010.5.
Re-numbered by:
IX. 2011.27.
Substituted by:
LII. 2021.32.
31. Unless otherwise provided in this Part, any person who
contravenes any of the provisions of this Part, or of any regulations
made thereunder, or who acts in breach of any terms, conditions or
limitations, however so described, attached to an individual licence
or to an apparatus general authorisation, shall be liable on
conviction to a fine (multa) of not less than five hundred euro
(€500) and not more than twenty five thousand euro (€25,000) in
respect of each apparatus, and upon the demand of the prosecution,
the Court may order the apparatus to be forfeited and delivered to
the Authority to be disposed of or stored, as the Authority may
consider appropriate in the circumstances:
Provided that the Authority shall in such instances recover
as a civil debt any costs it may incur in the disposal or storage
however so described of any such apparatus from the person found
guilty.
Harmful
interference
caused by
radiocommunicati
ons apparatus.
Added by:
LII. 2021.31.
31A. (1) Radiocommunications apparatus shall only be used
in a manner so as to effectively use and support the efficient use of
radio spectrum in order to avoid harmful interference.
(2) The Authority may authorise a public body established at
law to install or use radiocommunications apparatus capable of
causing deliberate interference. Any such apparatus shall be used
exclusively to satisfy exigencies of defence, public security
requirements, including the securing or maintaining security or
good order and discipline in correctional or detention institutions,
however so described:
Provided that no such authorisation shall be required in
cases of manifest urgency which may cause a threat to public
security or public safety.
(3) An authorisation granted by the Authority under this article
shall not in any manner constitute an authorisation to legally
intercept communications.
(4) In granting an authorisation in accordance with this article,
the Authority shall establish any technical and operational
conditions which it deems appropriate to safeguard the integrity of
public electronic communications networks and, or services,
including radiodetermination.