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

Power of Commission to obtain information

122. The Principal Act is amended by the substitution of the following section for section 13D:

“13D. (1) The Commission may at any time, by notice in writing, require—

(a) an undertaking,

(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

(c) a premium rate service provider,

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.

(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.

(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.

(4) An undertaking or person referred to in subsection (1) that—

(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

(b) in purporting to comply with such a requirement, knowingly or grossly negligently provides misleading, erroneous or incomplete information to the Commission,

commits an offence and is liable on summary conviction to a class A fine.

(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—

(a) the undertaking or person did not know and could not reasonably be expected to know, ascertain or obtain the required information, or

(b) the disclosure of the information was prohibited by a law of the State.”.