Competition (Amendment) Act 2022
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PART 5 Surveillance | ||
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Surveillance | ||
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35. The Criminal Justice (Surveillance) Act 2009 is amended— | ||
(a) in section 1— | ||
(i) in the definition of “superior officer”— | ||
(I) in paragraph (b), by the substitution of “colonel;” for “colonel; and”, | ||
(II) in paragraph (c), by the substitution of “principal officer; and” for “principal officer;”, and | ||
(III) by the insertion of the following paragraph after paragraph (c): | ||
“(d) in the case of the Competition and Consumer Protection Commission, an authorised officer not below the rank of principal officer;”, | ||
(ii) in the definition of “relevant Minister”, by the insertion of the following paragraph after paragraph (a): | ||
“(aa) the Minister for Enterprise, Trade and Employment, in relation to approvals granted by a superior officer of, and documents and information in the custody of, the Competition and Consumer Protection Commission,”, | ||
and | ||
(iii) by the insertion of the following definitions: | ||
“‘authorised officer’ has the meaning it has in the Competition and Consumer Protection Act 2014 ; | ||
‘relevant competition offence’ means an offence under section 6 of the Competition Act 2002 involving an agreement, decision or concerted practice to which subsection (2) of that section applies;”, | ||
(b) in section 2, by the substitution, in subsection (1), of “members of the Defence Forces, officers of the Revenue Commissioners and authorised officers of the Competition and Consumer Protection Commission” for “members of the Defence Forces and officers of the Revenue Commissioners”, | ||
(c) in section 3, by the substitution of “a member of the Defence Forces, an officer of the Revenue Commissioners or an authorised officer of the Competition and Consumer Protection Commission” for “a member of the Defence Forces or an officer of the Revenue Commissioners”, | ||
(d) in section 4— | ||
(i) by the insertion of the following subsection after subsection (3): | ||
“(3A) A superior officer of the Competition and Consumer Protection Commission may apply to a judge for an authorisation where he or she has reasonable grounds for believing that, as part of an investigation being conducted by the Competition and Consumer Protection Commission concerning a relevant competition offence, the surveillance being sought to be authorised is necessary for the purposes of obtaining information as to whether the offence has been committed or as to the circumstances relating to the commission of the offence, or obtaining evidence for the purposes of proceedings in relation to the offence.”, | ||
and | ||
(ii) in subsection (5), by the substitution of “(3), (3A) or (4)” for “(3) or (4)”, | ||
(e) in section 5— | ||
(i) in subsection (2)(a), by the substitution of “(2), (3) or (3A)” for “(2) or (3)”, and | ||
(ii) in subsection (7), by the substitution of “Forces, any authorised officer of the Competition and Consumer Protection Commission or any officer of the Revenue Commissioners” for “Forces, or any officer of the Revenue Commissioners”, | ||
(f) in section 7— | ||
(i) in subsection (1), by the substitution of “a member of the Defence Forces, an officer of the Revenue Commissioners or an authorised officer of the Competition and Consumer Protection Commission” for “a member of the Defence Forces or an officer of the Revenue Commissioners”, | ||
(ii) in subsection (2)— | ||
(I) by the substitution of “(2), (3) or (3A)” for “(2) or (3)”, and | ||
(II) by the substitution of “arrestable offence, revenue offence or relevant competition offence, as the case may be” for “arrestable offence or a revenue offence, as the case may be” in each place it occurs, | ||
(iii) in subsection (7)(c), by the substitution of “member of the Defence Forces, officer of the Revenue Commissioners or authorised officer of the Competition and Consumer Protection Commission” for “member of the Defence Forces or officer of the Revenue Commissioners”, and | ||
(iv) in subsection (12), by the insertion of the following paragraph after paragraph (aa): | ||
“(ab) in the case of an authorised officer of the Competition and Consumer Protection Commission, to a member of the Competition and Consumer Protection Commission within the meaning of section 12 of the Competition and Consumer Protection Act 2014 ,”, | ||
(g) in section 8— | ||
(i) in subsection (1), by the substitution of “a member of the Defence Forces, an officer of the Revenue Commissioners or an authorised officer of the Competition and Consumer Protection Commission” for “a member of the Defence Forces or an officer of the Revenue Commissioners”, | ||
(ii) in subsection (2)(a), by the substitution of “(2), (3) or (3A)” for “(2) or (3)”, | ||
(iii) in subsection (7)(c), by the substitution of “member of the Defence Forces, officer of the Revenue Commissioners or authorised officer of the Competition and Consumer Protection Commission” for “member of the Defence Forces or officer of the Revenue Commissioners”, and | ||
(iv) in subsection (10), by the insertion of the following paragraph after paragraph (aa): | ||
“(ab) in the case of an authorised officer of the Competition and Consumer Protection Commission, a member of the Competition and Consumer Protection Commission within the meaning of section 12 of the Competition and Consumer Protection Act 2014 ,”, | ||
(h) in section 11— | ||
(i) in subsection (5)(c), by the insertion of the following subparagraph after subparagraph (ia): | ||
“(ib) the Minister for Enterprise, Trade and Employment, in the case of a contravention by the Competition and Consumer Protection Commission,”, | ||
and | ||
(ii) in subsection (10), by the substitution of “Defence Forces, the Revenue Commissioners or the Competition and Consumer Protection Commission” for “Defence Forces or the Revenue Commissioners”, | ||
(i) in section 12(5), by the substitution of “Defence Forces, the Revenue Commissioners or the Competition and Consumer Protection Commission” for “Defence Forces or the Revenue Commissioners”, | ||
(j) in section 13(4)— | ||
(i) in the definition of “authorised person”— | ||
(I) by the insertion of the following paragraph after paragraph (b): | ||
“(ba) the Minister for Enterprise, Trade and Employment,”, | ||
and | ||
(II) in subparagraph (i) of paragraph (d), by the substitution of “the Chief of Staff of the Defence Forces, a Revenue Commissioner or the chairperson of the Competition and Consumer Protection Commission” for “the Chief of Staff of the Defence Forces or a Revenue Commissioner”, | ||
and | ||
(ii) in the definition of “relevant person”— | ||
(I) by the insertion of the following paragraph after paragraph (ba): | ||
“(bb) a member of, a member of the staff of, or an authorised officer of the Competition and Consumer Protection Commission,”, | ||
and | ||
(II) in paragraph (e), by the substitution of “the Defence Forces, the Revenue Commissioners or the Competition and Consumer Protection Commission” for “the Defence Forces or the Revenue Commissioners”, | ||
(k) in section 14— | ||
(i) by the substitution of the following subsection for subsection (1): | ||
“(1) Evidence obtained as a result of surveillance carried out under an authorisation or under an approval granted in accordance with section 7 or 8— | ||
(a) may be admitted as evidence in criminal proceedings, and | ||
(b) shall not be admitted as evidence in proceedings other than criminal proceedings, or used for the purpose of investigating any matter other than a criminal matter.”, | ||
and | ||
(ii) by the substitution of “member of the Defence Forces, officer of the Revenue Commissioners or authorised officer of the Competition and Consumer Protection Commission” for— | ||
(I) “member of the Defence Forces or officer of the Revenue Commissioners” in subsection (4)(a), and | ||
(II) “member of the Defence Forces or an officer of the Revenue Commissioners” in subsection (5), | ||
(l) in section 15(2)(c), by the substitution of “Defence Forces, the Revenue Commissioners or the Competition and Consumer Protection Commission” for “Defence Forces or the Revenue Commissioners”, and | ||
(m) in section 16(1), by the substitution of “the Minister for Defence, the Minister for Finance and the Minister for Enterprise, Trade and Employment” for “the Minister for Defence and the Minister for Finance”. |