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Power of Commission to obtain information
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122. The Principal Act is amended by the substitution of the following section for section 13D:
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“13D. (1) The Commission may at any time, by notice in writing, require—
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(a) an undertaking,
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(b) a person providing a service in a sector closely related to that of the provision of electronic communications networks or services or associated facilities, or
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(c) a premium rate service provider,
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to provide it with such written information as it considers necessary to enable it to carry out its functions or to comply with a requirement made to it by the Minister under section 13B.
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(2) A requirement by the Commission under subsection (1) may include a requirement that the undertaking or person concerned gather together, generate or obtain information for the purposes of providing it pursuant to that requirement.
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(3) Any information provided to the Commission in accordance with subsection (1) may be used by the Commission to enable it to carry out any of its functions.
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(4) An undertaking or person referred to in subsection (1) that—
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(a) fails to comply with a requirement made under subsection (1) within the period specified in the notice or within such extended period as the Commission allows, or
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(b) in purporting to comply with such a requirement, knowingly or grossly negligently provides misleading, erroneous or incomplete information to the Commission,
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commits an offence and is liable on summary conviction to a class A fine.
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(5) In proceedings for an offence involving a failure by an undertaking or a person referred to in subsection (1) to comply with a requirement made under subsection (1), it is a defence if the undertaking or person establishes that—
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(a) the undertaking or person did not know and could not reasonably be expected to know, ascertain or obtain the required information, or
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(b) the disclosure of the information was prohibited by a law of the State.”.
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