Communications Regulation Act 2002

13D

F40 [ Power of Commission to obtain information from undertaking.

13D. (1) The Commission may at any time, by notice in writing, require an undertaking 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) 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 Commission allows, or

( b ) in purporting to comply with such a requirement, provides to the Commission information 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 this section, an undertaking continues to fail to do the relevant act, the undertaking 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. ]