Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023

Amendment of section 39 of Principal Act

124. Section 39 of the Principal Act is amended—

(a) in subsection (3) (as amended by section 37 (a) of the Competition (Amendment) Act 2022 )—

(i) by the insertion of “a related enactment,” after “this Act,”, and

(ii) by the insertion of the following paragraph after paragraph (j):

“(k) require any person who appears to the authorised officer to be in a position to facilitate access to the documents or records stored in any data equipment or computer on the premises, land or vessel or at the place or in the vehicle or which can be accessed by the use of that data equipment or computer to give the authorised officer all reasonable assistance in relation to the operation of the data equipment or computer or access to the records stored in it, including by giving to the authorised officer any password necessary to access the documents or records concerned, or to make the documents or records legible and comprehensible,

(l) take possession of and detain any computer, machinery, apparatus, appliance or any equipment or part thereof on the premises, land or vessel or at the place or in the vehicle as he or she considers appropriate.”,

and

(b) by the insertion of the following subsection after subsection (10) (inserted by section 37 (e) of the Competition (Amendment) Act 2022) :

“(11) A reference in this section to a book, document or record is a reference to a book, document or record irrespective of the medium on which it may be stored.”.