139ZK.— (1) For the purposes of an investigationF233[ pursuant to a direction under section 139ZI(1)], an authorised officer F234[may, subject to subsection (1A), do any of the following]:

(a) F233[except in the case of an investigation to which paragraph (aa) applies,] subject to subsection (7), at any reasonable time, enter any place where the authorised officer has reasonable grounds for believing—

(i) that an activity connected with a broadcasting service, audiovisual on-demand media service or designated online service takes place, or

(ii) that relevant material or relevant equipment is kept;

F233[(aa) In the case of a Digital Services investigation, or an investigation where the suspected contravention falls within paragraph (c) or (d) of the definition of "contravention" in section 139ZG, subject to subsection (7), at any reasonable time, enter any place that the authorised officer has reasonable grounds for believing is used—

(i) by the inquiry subject for purposes related to the inquiry subject’s trade, business, craft or profession, or

(ii) by a relevant person for purposes related to that person’s trade, business, craft or profession;]

(b) search a place referred to inF234[paragraph (a) or (aa)];

(c) stop any vehicle, or detain any vessel, aircraft or other means of transport, for the purpose of exercising a power under F234[paragraph (a), (aa) or (b)] to enter, search or inspect the vehicle, vessel, aircraft or other means of transport;

(d) require any person to produce to him or her any relevant material which is in that person’s power or control or which that person is able to procure, and to produce it, where necessary, in a form in which it can be taken away and in which it is, or can be made, legible and comprehensible;

(e) require a person who is unable to produce relevant material within that person’s power, procurement or control to state, to the best of that person’s knowledge and belief, where the material is or from whom it may be obtained;

(f) require any person to give the authorised officer such information as the officer may reasonably require relating to any relevant material which is in that person’s power or control or which that person is able to procure;

(g) require any person to give the authorised officer any information that the officer may reasonably require relating to a broadcasting service, an audiovisual on-demand media service, or a F234[a designated online service or an intermediary service];

(h) require any person to attend before the authorised officer to give any information that the officer may require the person to give under this section;

(i) operate any relevant equipment, or cause it to be operated by a person accompanying the authorised officer, for the purpose of accessing relevant material;

(j) require any person to give the authorised officer all reasonable assistance in the operation of relevant equipment for the purpose of accessing relevant material, including—

(i) making the material legible and comprehensible or providing any authentication necessary to do so, or

(ii) enabling the material to be taken away in any form;

(k) secure for later inspection, for such period as the authorised officer reasonably considers necessary, any place where the authorised officer has reasonable grounds for believing there is relevant material or relevant equipment;

(l) inspect and take extracts from or copies of any relevant material;

(m) remove from any place, and retain, any relevant material or relevant equipment, for such period as the authorised officer reasonably considers necessary;

(n) require any person who has any relevant material or relevant equipment in his or her power or control to retain the material or maintain the equipment for such period as the authorised officer reasonably considers necessary.

F233[(1A) In the case of a Digital Services investigation, or an investigation where the suspected contravention falls within paragraph (c) or (d) of the definition of "contravention" in section 139ZG, a requirement under paragraph (d), (e), (f), (g), (h), (j) or (n) of subsection (1) may be imposed only on the following persons:

(a) the inquiry subject;

(b) a relevant person;

(c) a member of staff or representative, or former member of staff or representative, of the inquiry subject or a relevant person.

(1B) In paragraph (aa) of subsection (1) and in subsection (1A), "relevant person" means a person acting for purposes related to the person’s trade, business, craft or profession who may reasonably be aware of information relating to the suspected contravention.]

(2) An authorised officer may specify that a requirement under paragraph (d), (e), (f), (g), (h) or F234[(j) of subsection (1)] be complied with within such reasonable period as he or she may determine.

(3) An authorised officer may conduct an oral hearing if he or she considers it necessary for the purposes of F234[an investigation pursuant to a direction under section 139ZI(1)].

(4) Schedule 4, and any rules made by the Commission under section 139ZN, shall have effect for the purposes of an oral hearing referred to in subsection (3).

(5) When performing a function under this Act, an authorised officer may, subject to the terms of any warrant issued under section 139ZL, be accompanied by such and so many other persons, including members of the Garda Síochána, as he or she considers appropriate.

(6) An authorised officer may require a person to provide his or her name and address if the authorised officer has reasonable grounds for requiring the information in order to apply for a warrant under section 139ZL.

(7) An authorised officer shall not enter a dwelling, other than—

(a) with the consent of the occupier, or

(b) in accordance with a warrant under section 139ZL.

(8) A person shall be guilty of a category 2 offence if he or she—

(a) without reasonable excuse, obstructs an authorised officer in the exercise of his or her powers under this section,

(b) without reasonable excuse, fails or refuses to comply with a requirement of an authorised officer under this section,

(c) with the intention of obstructing an authorised officer in the conduct of an investigation, alters, hides, or destroys, any relevant material or relevant equipment which is, or which could reasonably be, the subject of a requirement of an authorised officer under this section,

(d) in purported compliance with a requirement under this section, gives to an authorised officer information which the person knows to be false or misleading in any material respect, or

(e) falsely represents himself or herself to be an authorised officer.

F233[(8A) Without prejudice to subsection (8), a person may, subject to subsection (8B), be liable to an administrative financial sanction in accordance with this Part if in the course of a Digital Services investigation he or she—

(a) obstructs an authorised officer in the exercise of his or her powers under subsection (1)(aa), (b) or (c),

(b) fails or refuses to comply with a requirement of an authorised officer under subsection (1)(d), (e), (f) or (g),

(c) in purported compliance with a requirement under this section, gives to an authorised officer information which is false or misleading in a material respect, or

(d) fails to rectify—

(i) any failure on his or her part to comply with a requirement of an authorised officer under subsection (1)(d), (e), (f) or (g), or

(ii) any information which he or she has given to an authorised officer in purported compliance with a requirement under this section and which is false or misleading in a material respect.

(8B) Where, in the course of a Digital Services investigation, a person other than the inquiry subject does an act or makes an omission referred to in any paragraph of subsection (8A), that subsection does not authorise the imposition of an administrative financial sanction on that person unless, before the act or omission occurred, the person was given in reasonable time by notice in writing by an authorised officer all relevant information relating to the exercise of the power, or to the request or requirement, referred to in that paragraph, including information about—

(a) the time within which the person was required to comply with the exercise of the power or with the request or the requirement,

(b) the maximum amount of the administrative financial sanction that could be imposed on the person, and

(c) the effect of section 139ZS(2), and the sections referred to there, in relation to the imposition of an administrative financial sanction.]

(9) Where an authorised officer has exercised his or her powers under this section in good faith, the Commission shall indemnify the authorised officer against all actions or claims howsoever arising in respect of the exercise of those powers.

(10) A statement or admission made by a person pursuant to a requirement of an authorised officer under subsection (1) shall not be admissible in evidence in proceedings brought against the person for an offence, other than an offence under subsection (8), and this shall be explained to the person in ordinary language by the authorised officer.

(11) A person the subject of a requirement under subsection (1) shall be entitled to the same immunities and privileges in respect of compliance with such requirement as if the person were a witness before the High Court.]