Section 13: Regulations as to radiation of electro-magnetic energy, etc.

(1)
The Commission may with the approval of the Minister make regulations for both or either of the following purposes, that is to say-
[1998 No. 31.]
(a) for prescribing the requirements to be complied with in the case of any apparatus to which this section applies if the apparatus is to be used;
(b) for prescribing the requirements to be complied with in the case of any apparatus to which this section applies if the apparatus is to be sold otherwise than for export, or offered or advertised for sale otherwise than for export, or let on hire or offered or advertised for letting on hire, by any person who in the course of business manufactures, assembles or imports such apparatus.
(2) The said requirements shall be such requirements as the Commission thinks fit for the purpose of ensuring that the use of the apparatus does not cause undue interference with wireless telegraphy, and may in particular include-
(a) requirements as to the maximum intensity of electro-magnetic energy of any specified frequencies which may be radiated in any direction from the apparatus while it is being used; and
(b) in the case of an apparatus the power for which is supplied from electric lines, requirements as to the maximum eletro-megnetic energy of any specified frequencies which may be injected into these lines by the apparatus,
and, in so far as apparatus to the Commission necessary or expedient in the case of the regulations in question, different requirement may be prescribed for different circumstance and in relation to different classes or description of apparatus, different districts or places and different times of use.
(3)
(a) The apparatus to which this section applies, shall be such apparatus as may be specified in the regulations made thereunder, being apparatus generating, or designed to generate, or liable to generate fortuitously, electro -magnetic energy at frequencies of not more than three million megacycles per second, and not being wireless telegraphy apparatus.
(b) The references in this subsection to apparatus include references to any form of eletric line, and other references in this Act to apparatus shall be construed accordingly.
(4) It shall not be unlawful for any person to use any apparatus to which this section applies or to sell any such apparatus or offer or advertise it for sale or let it on hire or offer or advertise it for letting on hire by reason only that it does not comply with the requirements applicable under any regulations made under this section, but the non-compliance shall be a ground for the giving of a notice under section 14 or section 15 of this Act, as the case may be.