(2) Where a notice has been served under subsection (1), the person on whom the notice has been served may, by notice in writing served on the Commission, require the Commission to refer the matter to the Appeals Board, and the Commission, unless the Commission revokes that notice, shall refer the matter to the Appeals Board. (3) Upon referring a matter to the Appeals Board under subsection (2), the Appeals Board shall hear the Commission and the person at whose instance the reference was made and any other person appearing to the Appeals Board to be interested who desires to be heard and has, in accordance with rules regulating the procedure of the Appeals Board, been accepted as a party to the reference; and, if the Appeals Board is satisfied that the apparatus in question complies with the requirements applicable to that apparatus under the regulations, shall direct the Commission to revoke the notice, and the Commission shall revoke the notice. (4) Notwithstanding subsection (3), the making by the Appeals Board of a direction under that subsection shall not, where the apparatus is subsequently altered, prevent the Commission from serving a fresh notice under subsection (1) with respect to the apparatus; and the refusal by the Appeals Board to make a direction under that subsection shall not, where the apparatus is subsequently altered, prevent the Commission from revoking the notice, or the person on whom the notice was served from giving a further notice under subsection (2). Unlawfully sending misleading or other messages, etc. 44. A person who (a) contravenes an order made under section 88(1)(b) of the Swaziland Posts and Telecommunications Corporation Act, 1980; (b) by means of radio communication, sends or attempts to send a message which to the knowledge of that person is false or misleading and is to the knowledge of that person likely to prejudice the efficiency of a safety of life service or endanger the safety of a person, or of a vessel, aircraft or vehicle, and, in particular, a message which to the knowledge of that person falsely suggests that a vessel or aircraft is in distress or in need of assistance or is not in distress or not in need of assistance; or (c) otherwise than under the authority of the Commission either (i) 35 uses a radio communication apparatus with intent to obtain information as to the contents, sender or addressee of a message, whether sent by means of radio communication or not, which neither the person using the apparatus nor the person on whose behalf the person using the apparatus is acting is authorised by the Commission to receive; or