Communications Regulation Act 2002

13C

F39 [ Power of Minister to obtain information from undertaking.

13C. (1) For the purpose specified in section 13A , the Minister may, by notice in writing, require an undertaking to provide the Minister with written information concerning all or any of the following:

( a ) the technical operation or performance of the undertaking s electronic communications service in the context of the relevant electronic communications network;

( b ) the breakdown or malfunctioning of any part of the undertaking s electronic communications service;

( c ) the operation of the undertaking in relation to electronic communications infrastructure.

(2) An undertaking commits an offence if it

( 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 Minister allows, or

( b ) in purporting to comply with such a requirement, provides information to the Minister that the undertaking knows to be false or misleading.

(3) In proceedings for an offence involving a failure by an undertaking to comply with a requirement made under subsection (1) , it is a defence if the undertaking establishes

( a ) that it did not know and could not be reasonably expected to know or ascertain the required information, or

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

(4) An undertaking that commits an offence under subsection (2) is liable on summary conviction to a fine not exceeding 5,000.

(5) If, after being convicted of an offence under subsection (2) or this subsection, an undertaking continues to fail to do the relevant act, the person commits a further offence on each day or part of a day during which the failure continues and is liable on summary conviction to a fine not exceeding 1,000 for each such further offence. However, if an undertaking is tried for 6 or more such further offences that are alleged to have been committed on successive days, the maximum fine that can be imposed for those offences at the trial is 5,000. ]