Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023
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Chapter 7 Restrictions on disclosure of certain information | ||
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Restrictions on disclosure of certain information | ||
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101. (1) Where an authorised officer requires a natural person to provide a statement or admission on the basis of measures referred to in applicable provisions, any such statement or admission may not be admissible in evidence against that person in criminal proceedings or for perjury where such statement or admission was provided under oath. | ||
(2) Subject to subsection (3), and save in accordance with law, an adjudicator, an authorised officer, the Commission and its respective servants or agents shall not, without reasonable excuse, disclose to any person— | ||
(a) any confidential information obtained by virtue of the exercise of powers conferred by or under this Act, or | ||
(b) any information obtained by virtue of the exercise of powers conferred by or under this Part or the Principal Act in relation to an investigation under this Part or the Principal Act where that information was given under power of compulsion. | ||
(3) Notwithstanding subsection (2) an adjudicator, the Commission and its servants or agents may disclose information obtained by virtue of the exercise of powers conferred by or under this Act or the Principal Act where such disclosure is— | ||
(a) permitted by this Act or the Principal Act, | ||
(b) otherwise permitted by law, or | ||
(c) duly authorised by the Commission or an adjudicator in the performance of his or her functions. | ||
(4) Information provided to any person pursuant to subsection (3) may contain such redactions as an adjudicator or the Commission or an authorised officer may consider necessary and appropriate— | ||
(a) to protect commercially sensitive information, | ||
(b) to protect the rights of the parties or any other person, or | ||
(c) for any other good and sufficient reason. | ||
(5) A person who contravenes subsection (2) commits an offence and is liable, on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months, or both. | ||
(6) The following categories of information obtained by a party during investigations by an authorised officer, or administrative sanctions proceedings before an adjudicator under this Act, shall not be used by that party in proceedings before a court prior to the authorised officer or the Commission or an adjudicator, as the case may be, having closed such proceedings with respect to all parties under investigation, whether by making a decision under section 90 or section 91 : | ||
(a) information that was prepared by persons specifically for investigations by an authorised officer or administrative sanctions proceedings before an adjudicator; | ||
(b) information that an authorised officer or an adjudicator has drawn up and sent to the parties in the course of an investigation or administrative sanctions proceedings; | ||
(c) settlement submissions that have been withdrawn. | ||
(7) In this section, “applicable provisions” means section 38A and sections 13D and 39 of the Principal Act. |