Communications Regulation Act 2002

13E

F42 [ Alternative procedure for enforcement of section 13C or 13D.

13E. (1) As an alternative to bringing a prosecution for an offence against section 13C or 13D , the Minister or the Commission may apply to the High Court to make a compliance order under subsection (4) . Such an application is to be by motion.

(2) The High Court may hear the application only if it is satisfied that a copy of the application has been served on the undertaking concerned. On being served with such a copy, the undertaking becomes the respondent to the application.

(3) The High Court may make such interim or interlocutory order as it considers appropriate pending determination of an application made under subsection (1) . The Court may not refuse interim or interlocutory relief merely because the Minister or Commission may not suffer damage if relief were not granted pending determination of the application.

(4) On the hearing of an application made under subsection (1) , the High Court may make an order requiring the undertaking to comply with the relevant section or may refuse the application.

(5) If the High Court makes an order under subsection (4) , it may make such ancillary orders as it considers appropriate. ]

Annotations

Amendments:

F42

Inserted (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 6, S.I. No. 224 of 2007.