12.— (1) The Independent Examiner shall undertake the duties specified in this section.

(2) The Independent Examiner shall ascertain whether An Garda Síochána, the Police Ombudsman, the Defence Forces, the Revenue Commissioners and the Competition and Consumer Protection Commission are complying with this Act.

(3) For the purpose of performing his or her functions under subsection (2), the Independent Examiner may investigate any case in which an authorisation is issued under section 5 or renewed or varied under section 6 or an approval is granted under section 7 or 8.

(4) Without prejudice to section 242 of the Act of 2024, a person in charge of a Garda Síochána premises within the meaning of Part 6 of the Act of 2024, a place under the control of the Police Ombudsman, the Defence Forces, the Revenue Commissioners or the Competition and Consumer Protection Commission or any other place in which documents relevant to the performance of the functions of the Independent Examiner are kept shall ensure that the Independent Examiner has access to those places, and to the authorisations, written records of approval, reports and other relevant documents that the Independent Examiner may request.

(5) Where the Independent Examiner investigates a case under subsection (3) and is of the opinion that it is in the interests of justice to do so, he or she may refer that case to the Referee for an investigation under section 11(11).]