Competition and Consumer Protection Act 2014

46D

F25[Report of an authorised officer

46D. (1) As soon as is practicable after the completion of a relevant investigation pursuant to a direction under section 46B, an authorised officer shall prepare a draft report of the relevant investigation.

(2) In preparing the draft report referred to in subsection (1), the authorised officer shall consider, in so far as they are applicable to the relevant investigation—

(a) the terms of the relevant investigation,

(b) any document, information or content obtained in the course of the relevant investigation,

(c) any statement or admission made by any person in the course of the relevant investigation, and

(d) any submissions made by any person for the purposes of the relevant investigation.

(3) The authorised officer shall, as soon as is practicable after preparing the draft report, give the inquiry subject—

(a) a copy of the draft report,

(b) a copy of any material relied upon by the authorised officer in preparing the draft report,

(c) a copy of this section, and

(d) a notice in writing stating that the inquiry subject may, not later than 28 days from the date on which he or she receives the notice, or such further period as the authorised officer considers necessary, make submissions in writing to the authorised officer on the draft report.

(4) The authorised officer shall, as soon as is practicable after the expiration of the period referred to in subsection (3)(d), and having considered any submissions made in accordance with a notice under that subsection, make any revisions to the draft report which, in the opinion of the authorised officer is warranted, and finalise the report.

(5) An authorised officer shall not make any recommendation, or express any opinion, in a draft report under subsection (1) or in a final report under subsection (4) as to whether an administrative fine should be imposed under section 46G in the event that the Commission is satisfied that the inquiry subject has committed an Artificial Intelligence Regulation infringement, or as to the amount of any such fine imposed.

(6) An authorised officer shall, as soon as is practicable after the draft report has been finalised under subsection (4), provide a copy of the final report to the inquiry subject.

(7) An authorised officer shall, as soon as is practicable after the draft report has been finalised under subsection (4), provide a copy of the final report and any submissions made in accordance with a notice under subsection (3)(d) to the Commission.

(8) An authorised officer may provide a copy of the final report and any submissions made in accordance with a notice under subsection (3)(d) to such other persons as he or she considers appropriate.

(9) A person who receives a final report or any submissions shall not, without the prior authorisation of the Commission, disclose the existence or the content of the report or those submissions to any other person.

(10) A person who, without reasonable excuse, contravenes subsection (9) shall be guilty of a category 1 offence.]

Annotations

Amendments:

F25

Inserted (31.07.2026) by Regulation of Artificial Intelligence Act 2026 (31/2026), s. 136, S.I. No. 403 of 2026.