Real-time collection of data
88.
If the Commission believes on reasonable grounds that a person is engaged in conduct
(1)
which may contravene this Act, then for the purposes of enforcing this Act, the
Commission may—
collect or record through the application of technical means; and
a)
compel a licensee, by written notice to that person, within its existing
b)
technical capability—
@
Gi)
(2)
to collect or record through the application of technical means; or
to assist the Commission in the collection or recording of,
traffic and content data, in real-time, associated with specified
communications transmitted by means of a computer.
or
The Commission may, in a notice issued under subsection (1), oblige the licensee
person to keep confidential the fact of the execution of the power provided for in this
section and any information relating to it.
Examination of witnesses
899.
(D
@)
The Commission may require the attendance and examination of witnesses, who shall
have the right to be represented by a legal practitioner.
of
A person is not excused from giving information or producing a document or copy
or
t
a document on the ground that the information or the production of the documen
under this
copy might tend to incriminate the person or expose the person to a penalty
Act.
(3)
Information or documents provided to the Commission shall not be admissible against
that person in a criminal proceeding.
Part XINI— Offences and Penalties
Unlicensed communications networks and services
9.
(Wd
Any person who breaches section of this Act commits an offence.
Q)
A person who commits an offence under subsection (1) of this section shall, on
or
summary conviction, be liable to a fine not exceeding $5,000 for a first offence
further
a
to
offence,
g
$10,000 for a subsequent offence, and in the case of a continuin
fine not exceeding $100 for each day during which the offence continues.
Breach of interconnection, access and competition provisions
Any person who breaches a section of Part IV or Part V of this Act or any rules made
under those Parts, or materially breaches the provisions of an interconnection and
1.
access agreement, commits an offence.
2)
on
A person who commits an offence under subsection (1) of this section shall,
or
offence
first
a
for
$5,000
g
summary conviction, be liable to a fine not exceedin
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