Digital Infrastructure Bill · cl 47

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—(1) An authorised officer may, by written notice given in the prescribed form and manner, require a licensee to furnish, within a reasonable period specified in the notice, any document or information that the authorised officer may reasonably require for the purpose of determining —(a)the licensee’s compliance with Part 3 or 4 (as the case may be) or any regulations made under this Act applicable to the licensee; or(b)the licensee’s compliance with any condition of the licence, or any code of practice applicable to the licensee.(2) The power to require a licensee to furnish any document or information under subsection (1) includes the power —(a)to require that licensee, or any individual who is or was an officer or employee of the licensee, to provide an explanation of the document or information;(b)if the document or information is not provided, to require that licensee or individual to state, to the best of the knowledge and belief of that licensee or individual (as the case may be), where it is; and(c)if the information is recorded otherwise than in legible form, to require the information to be made available to the authorised officer in legible form.(3) Any licensee to whom a notice is given under subsection (1) is not obliged to disclose any document or information that is subject to any right, privilege or immunity conferred, or obligation or limitation imposed, by or under any law or rules of professional conduct in relation to the disclosure of such document or information, except that the performance of a contractual obligation is not an excuse for not disclosing the document or information.(4) The licensee is not treated as being in breach of any contractual obligation mentioned in subsection (3) for doing or omitting to do any act, if the act is done or omitted to be done with reasonable care and in good faith and for the purpose of complying with a notice given under subsection (1).(5) In this section and section 48, “licensee” means —(a)except as provided in paragraphs (b) and (c), a holder of a major FDI licence or a DC licence, as the case may be;(b)in a case where section 22 applies — a former holder of a major FDI licence; and(c)in a case where section 42 applies — a former holder of a DC licence.
An authorised officer may, by written notice given in the prescribed form and manner, require a licensee to furnish, within a reasonable period specified in the notice, any document or information that the authorised officer may reasonably require for the purpose of determining —(a)the licensee’s compliance with Part 3 or 4 (as the case may be) or any regulations made under this Act applicable to the licensee; or(b)the licensee’s compliance with any condition of the licence, or any code of practice applicable to the licensee.
The power to require a licensee to furnish any document or information under subsection (1) includes the power —(a)to require that licensee, or any individual who is or was an officer or employee of the licensee, to provide an explanation of the document or information;(b)if the document or information is not provided, to require that licensee or individual to state, to the best of the knowledge and belief of that licensee or individual (as the case may be), where it is; and(c)if the information is recorded otherwise than in legible form, to require the information to be made available to the authorised officer in legible form.
Any licensee to whom a notice is given under subsection (1) is not obliged to disclose any document or information that is subject to any right, privilege or immunity conferred, or obligation or limitation imposed, by or under any law or rules of professional conduct in relation to the disclosure of such document or information, except that the performance of a contractual obligation is not an excuse for not disclosing the document or information.
The licensee is not treated as being in breach of any contractual obligation mentioned in subsection (3) for doing or omitting to do any act, if the act is done or omitted to be done with reasonable care and in good faith and for the purpose of complying with a notice given under subsection (1).
In this section and section 48, “licensee” means —(a)except as provided in paragraphs (b) and (c), a holder of a major FDI licence or a DC licence, as the case may be;(b)in a case where section 22 applies — a former holder of a major FDI licence; and(c)in a case where section 42 applies — a former holder of a DC licence.

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cl 47Furnishing of information to authorised officer for assessing compliance

(1)

An authorised officer may, by written notice given in the prescribed form and manner, require a licensee to furnish, within a reasonable period specified in the notice, any document or information that the authorised officer may reasonably require for the purpose of determining —

(a)

the licensee’s compliance with Part 3 or 4 (as the case may be) or any regulations made under this Act applicable to the licensee; or

(b)

the licensee’s compliance with any condition of the licence, or any code of practice applicable to the licensee.

(2)

The power to require a licensee to furnish any document or information under subsection (1) includes the power —

(a)

to require that licensee, or any individual who is or was an officer or employee of the licensee, to provide an explanation of the document or information;

(b)

if the document or information is not provided, to require that licensee or individual to state, to the best of the knowledge and belief of that licensee or individual (as the case may be), where it is; and

(c)

if the information is recorded otherwise than in legible form, to require the information to be made available to the authorised officer in legible form.

(3)

Any licensee to whom a notice is given under subsection (1) is not obliged to disclose any document or information that is subject to any right, privilege or immunity conferred, or obligation or limitation imposed, by or under any law or rules of professional conduct in relation to the disclosure of such document or information, except that the performance of a contractual obligation is not an excuse for not disclosing the document or information.

(4)

The licensee is not treated as being in breach of any contractual obligation mentioned in subsection (3) for doing or omitting to do any act, if the act is done or omitted to be done with reasonable care and in good faith and for the purpose of complying with a notice given under subsection (1).

(5)

In this section and section 48, “licensee” means —

(a)

except as provided in paragraphs (b) and (c), a holder of a major FDI licence or a DC licence, as the case may be;

(b)

in a case where section 22 applies — a former holder of a major FDI licence; and

(c)

in a case where section 42 applies — a former holder of a DC licence.