Miscellaneous

28 .— (1) In this section, “ authorised undertaking ” has the meaning given to it by the European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2003 (S.I. No. 306 of 2003), as amended by the European Communities (Electronic Communications Networks and Services) (Authorisation) (Amendment) Regulations 2007 (S.I. No. 372 of 2007).

(2) Where—

(a) a person is present in the State,

(b) an authorisation has been given under section 2 of the Act of 1993 for the interception of telecommunications messages to or from the person,

(c) the messages cannot be directly intercepted in the State, but

(d) an authorised undertaking which has received directions under section 110 of the Act of 1983 in relation to interceptions can facilitate interception of the messages by accessing interception equipment in a member state,

the authorised undertaking shall facilitate the interception of the messages by accessing that equipment.

(3) Where—

(a) a person is present in a member state,

(b) a lawful order or warrant for the interception of telecommunications messages to or from the person has been made or issued in the member state for the purposes of a criminal investigation and is in force,

(c) the messages cannot be directly intercepted in the member state, but

(d) an authorised undertaking which has received directions under section 110 of the Act of 1983 in relation to interceptions—

(i) can directly intercept the messages, and

(ii) has interception equipment enabling a provider of telecommunications services in the member state to intercept them,

the authorised undertaking shall facilitate the interception of the messages by the provider.

29 .— The Act of 1993 applies and has effect in relation to this Part with the necessary modifications, including the following:

(a) references in the Act of 1993 to “this Act” are to be construed as references to this Part;

(b) references therein to an authorisation are to be construed as references to—

(i) an authorisation deemed under section 25 (8) to be an authorisation under section 2 of the Act of 1993, or

(ii) an authorisation under section 27 (3),

as the case may be;

(c) references therein to a contravention of a provision of the Act of 1993 are to be construed as references to a contravention of a provision of this Part;

(d) references therein to official documents are to be construed as references to official documents available to the Minister in connection with a request under this Part; and

(e) references to a person in sections 8(5) and 9(11) of the Act of 1993 are to be construed as references to a person who is present in the State.

30 .— Section 110 (general ministerial powers in relation to postal and telecommunications services) of the Act of 1983 is amended by the addition of the following subsections:

“(6) A person who, without reasonable excuse, does not comply with a direction under this section is guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding €5,000, or

(b) on conviction on indictment, to a fine.

(7) Proceedings for an offence under subsection (6), including any appeal or subsequent proceedings, shall be held in camera.”.