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Powers of authorised officers
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137. (1) For the purposes of this Part and ensuring compliance with its provisions, an authorised officer may—
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(a) subject to subsection (3) enter (if necessary by the use of reasonable force) or, where the premises is a vehicle, stop and enter (if necessary by the use of reasonable force) at all reasonable times any premises—
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(i) that he or she has reasonable grounds for believing has been or is being used in connection with the placement, display, promotion or dissemination of an online political advertisement, and
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(ii) at which he or she has reasonable grounds for believing that information, documentation, books, records or relevant things in connection with the placement, display, promotion or dissemination of an online political advertisement are kept,
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and search and inspect the premises and any information, documentation, books, records or relevant things at that premises,
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(b) secure for later inspection any premises or any part of any premises which is being used in connection with the placement, display, promotion or dissemination of an online political advertisement, or where such information, documentation, books, records or relevant things are kept or there are reasonable grounds for believing that such information, documentation, books, records or relevant things are kept, for such period as may reasonably be necessary for the purposes of his or her functions under this Part,
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(c) require any person employed in connection with the placement, display, promotion or dissemination of an online political advertisement to produce to the authorised officer such information, documentation, books or records and where such information, documentation, books or records are kept in non-legible form to reproduce in a legible form and to give him or her any information as the officer may reasonably require in relation to such information, documentation, books or records,
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(d) inspect and take copies of, or extracts from, any such information, documentation, books, records or relevant things at the premises in connection with the placement, display, promotion or dissemination of an online political advertisement, including in the case of information in non-legible form, copies of or extracts from such information in a permanent legible form or require that such a copy be provided,
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(e) make a record whether in writing, by photography or otherwise of any information, documentation, books, records or relevant things at the premises in connection with the placement, display, promotion or dissemination of an online political advertisement,
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(f) remove and retain such information, documentation, books, records or relevant things in connection with the placement, display, promotion or dissemination of an online political advertisement for such periods as he or she reasonably considers to be necessary for the purposes of his or her functions under this Part,
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(g) require any such person to give to the authorised officer any information which the authorised officer may reasonably require in connection with the placement, display, promotion or dissemination of an online political advertisement,
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(h) require any such person to give to the authorised officer any other assistance or information which the authorised officer may reasonably require in connection with the placement, display, promotion or dissemination of an online political advertisement,
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(i) require any person by or on whose behalf data equipment is or has been used or any person having charge of, or otherwise concerned with the operation of, the data equipment or any associated apparatus or material, to afford the authorised officer all reasonable assistance in relation to it and assist in the retrieval of information connected with the operation of such data equipment, apparatus or material,
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(j) summon, at any reasonable time, any other person employed in connection with the placement, display, promotion or dissemination of an online political advertisement to give the authorised officer any information which the authorised officer may reasonably require and to produce to the authorised officer any records which are in the power, possession or control of that other person,
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(k) carry out, or arrange to have carried out, inspections and such checks of the premises or relevant things on the premises as he or she reasonably considers to be necessary for the purposes of his or her functions under this Part,
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(l) pay or make tender of payment for the purchase of an online political advertisement, or confirm, by such other manner as he or she considers appropriate, that the requirements of this Part are being complied with,
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(m) require a person, who makes available facilities such as post office boxes, telecommunications or electronic mail addresses or other like facilities, to give him or her such assistance and information as he or she reasonably considers to be necessary for the purposes of his or her functions under this Part in any case where the officer has reasonable grounds for believing that an online political advertisement is being commissioned by mail or other means of delivery,
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(n) at the direction of the Commission, serve compliance notices, and
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(o) take possession of and remove from the premises for examination and analysis any relevant things in connection with the placement, display, promotion or dissemination of an online political advertisement, and detain them for such period as he or she reasonably considers to be necessary for the purposes of his or her functions under this Part.
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(2) When performing a function under this Part, an authorised officer may, subject to any warrant under subsection (5), be accompanied by such number of authorised officers or members of the Garda Síochána as he or she considers appropriate.
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(3) An authorised officer shall not enter a dwelling, other than—
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(a) with the consent of the occupier, or
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(b) pursuant to a warrant under subsection (5).
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(4) Where an authorised officer is, in the exercise of his or her powers under this section, prevented from entering any premises an application may be made under subsection (5) authorising such entry.
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(5) Without prejudice to the powers conferred on an authorised officer under this section, where a judge of the District Court is satisfied on the sworn information of an authorised officer that there are reasonable grounds to suspect that—
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(a) there is information required by an authorised officer for the purposes of his or her functions under this Part on or at any, or any part of any dwelling,
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(b) information, documentation (including documentation stored in non-legible form), books, records or relevant things referred to in subsection (1)(a) are being stored or kept in any dwelling, or
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(c) a dwelling is occupied in whole or in part by an undertaking engaged in association with any trade, business or activity connected with the placement, display, promotion or dissemination of an online political advertisement,
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the judge may issue a warrant authorising an authorised officer (accompanied, where appropriate, by such other authorised officers or members of the Garda Síochána or both as may be necessary) at any time or times within one month of the date of issue of the warrant, on production if so requested of the warrant, to enter the premises or dwelling as the case may be, using reasonable force where necessary, and exercise all or any of the powers conferred on an authorised officer under this section.
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(6) A person who—
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(a) obstructs or interferes with an authorised officer or a member of the Garda Síochána in the course of exercising a power under this section,
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(b) fails or refuses to comply with a requirement of an authorised officer or a member of the Garda Síochána under this section,
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(c) fails or refuses to comply with a request of an authorised officer under subsection (1),
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(d) in purported compliance with a compliance notice gives information that is false or misleading in a material respect, or
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(e) fails or refuses to comply with a requirement of an authorised officer under subsection (7),
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shall be guilty of an offence.
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(7) Where an authorised officer, upon reasonable grounds, believes that a person has committed an offence under this Part, he or she may require that person to provide him or her with his or her name and the address at which he or she ordinarily resides and, if the authorised officer considers it necessary, to produce corroborative evidence of his or her name and address.
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(8) A statement or admission made by a person pursuant to a requirement under subsection (1) shall not be admissible as evidence in proceedings brought against the person for an offence under this Act (other than an offence under paragraph (a), (b), (c) or (d) of subsection (6)).
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(9) The powers of an authorised officer conferred on him or her by or under this section shall apply, in like manner and with all necessary modifications, to the Commission.
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(10) In this section—
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“data equipment” means any electronic, photographic, magnetic, optical or other equipment for processing data;
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“record” includes, in addition to a record in writing—
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(a) a disc, tape, sound-track or other device in which information, sounds or signals are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in legible or audible form,
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(b) a film, tape or other device in which visual images are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in visual form, and
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(c) a photograph,
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and any reference to a copy of a record includes—
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(i) in the case of a record to which paragraph (a) applies, a transcript of the sounds or signals embodied therein,
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(ii) in the case of a record to which paragraph (b) applies, a still reproduction of the images embodied therein, and
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(iii) in the case of a record to which paragraph (a) and (b) apply, such a transcript together with such a still reproduction.
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