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Amendment of section 139ZK of Principal Act
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19. Section 139ZK of the Principal Act is amended—
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(a) in subsection (1)—
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(i) by the insertion of “pursuant to a direction under section 139ZI(1)” after “For the purposes of an investigation”,
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(ii) by the substitution of “may, subject to subsection (1A), do any of the following” for “may do any of the following”,
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(iii) in paragraph (a), by the insertion of “except in the case of an investigation to which paragraph (aa) applies,” before “subject to”,
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(iv) by the insertion of the following paragraph after paragraph (a):
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“(aa) in the case of a Digital Services investigation, or an investigation where the suspected contravention falls within paragraph (c) or (d) of the definition of ‘contravention’ in section 139ZG, subject to subsection (7), at any reasonable time, enter any place that the authorised officer has reasonable grounds for believing is used—
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(i) by the inquiry subject for purposes related to the inquiry subject’s trade, business, craft or profession, or
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(ii) by a relevant person for purposes related to that person’s trade, business, craft or profession;”,
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(v) in paragraph (b), by the substitution of “(a) or (aa)” for “(a)”,
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(vi) in paragraph (c), by the substitution of “(a), (aa) or (b)” for “(a) or (b)”, and
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(vii) in paragraph (g), by the substitution of “a designated online service or an intermediary service” for “or a designated online service”,
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(b) by the insertion of the following subsections after subsection (1):
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“(1A) In the case of a Digital Services investigation, or an investigation where the suspected contravention falls within paragraph (c) or (d) of the definition of ‘contravention’ in section 139ZG, a requirement under paragraph (d), (e), (f), (g), (h), (j) or (n) of subsection (1) may be imposed only on the following persons:
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(a) the inquiry subject;
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(b) a relevant person;
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(c) a member of staff or representative, or former member of staff or representative, of the inquiry subject or a relevant person.
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(1B) In paragraph (aa) of subsection (1) and in subsection (1A), ‘relevant person’ means a person acting for purposes related to the person’s trade, business, craft or profession who may reasonably be aware of information relating to the suspected contravention.”,
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(c) in subsection (2), by the substitution of “(j) of subsection (1)” for “(j)”,
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(d) in subsection (3), by the substitution of “an investigation pursuant to a direction under section 139ZI(1)” for “the investigation”, and
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(e) by the insertion of the following subsections after subsection (8):
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“(8A) Without prejudice to subsection (8), a person may, subject to subsection (8B), be liable to an administrative financial sanction in accordance with this Part if in the course of a Digital Services investigation he or she—
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(a) obstructs an authorised officer in the exercise of his or her powers under subsection (1)(aa), (b) or (c),
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(b) fails or refuses to comply with a requirement of an authorised officer under subsection (1)(d), (e), (f) or (g),
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(c) in purported compliance with a requirement under this section, gives to an authorised officer information which is false or misleading in a material respect, or
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(d) fails to rectify—
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(i) any failure on his or her part to comply with a requirement of an authorised officer under subsection (1)(d), (e), (f) or (g), or
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(ii) any information which he or she has given to an authorised officer in purported compliance with a requirement under this section and which is false or misleading in a material respect.
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(8B) Where, in the course of a Digital Services investigation, a person other than the inquiry subject does an act or makes an omission referred to in any paragraph of subsection (8A), that subsection does not authorise the imposition of an administrative financial sanction on that person unless, before the act or omission occurred, the person was given in reasonable time by notice in writing by an authorised officer all relevant information relating to the exercise of the power, or to the request or requirement, referred to in that paragraph, including information about—
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(a) the time within which the person was required to comply with the exercise of the power or with the request or the requirement,
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(b) the maximum amount of the administrative financial sanction that could be imposed on the person, and
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(c) the effect of section 139ZS(2), and the sections referred to there, in relation to the imposition of an administrative financial sanction.”.
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