RADIO APPARATUS.

Otago Witness, Issue 3868, 1 May 1928, Page 27

RADIO APPARATUS.

SELLING WITHOUT A LICENSE. CHARGE AGAINST AUCTIONEER FAILS. AUCKLAND, April 27. Holding that an auctioneer may in the course of his business sell wireless material at auction, Mr W. R. M'Kean, S.M., in the Police Court, dismissed an information which had been laid against John H. Ansell, city auctioneer, for selling wireless apparatus without a radio dealer’s license. Security for appeal was fixed at £lo.los. It was stated in evidence that on February 17 defendant sold at public auction a quantity of wireless material which was disposed of on behalf of the assignee in the insolvent estate of a person who had been a licensed radio dealer. Defendant was not the holder of a radio 'dealer's license, and it was alleged he had committed a breach of the provisions of Section 5 of the Post and Telegraph Act, 1924, which provided that it was unlawful for anyone to sell wireless apparatus unless he was the holder of a dealer’s license. “ The defendant’s business is to sell goods of all kinds,” said the Magistrate in giving judgment. “ In the way of his busines he sold wireless material, and it would therefore seem to be a simple matter to say he has committed a breach of this Statute. The matter is, however, one which I- think is not so easily disposed of. There is proof only of one isolated transaction, and the question is whether a license was necessary. The intention o£ this legislation is to regulate

a certain class of persons, and also f® provide funds to assist the Radio Broadcasting Company. That company, in fact, receives the greater portion of the fees paid by the licensed dealers. The persons who are required to pay fees and b 9 licensed as dealers are, in my opinion, only those persons whose buinesss in whole or in part is to sell wireless material. That the Statute cannot ba interpreted so widely as the prosecution suggests is, I think, shown by the subsection which makes provision for tho issue of a dealer's license, and describes those licenses as the licenses to carry on the business of selling apparatus for wireless telegraphy. Unless, therefore, a person intends to carry on the business o£ selling wireless apparatus he'is not required to obtain a license. I must hold that no offence has been proved in tliia case. The commission earned by defendant amounted to only a few shillings. It was his first transaction of the kind, and there is no proof that he intends to do anything which would amount to ‘ carrying on the business of selling.’ ”