Offences and Penalties Obstruction 69. A person shall be guilty of an offence if he or she— (a) obstructs or interferes with an authorised officer or a member of the Garda Síochána in the course of exercising a power conferred on the officer or member concerned by this Act or a warrant under section 59 or impedes the exercise by the authorised officer or member, as the case may be, of such power, (b) fails or refuses to comply with a requirement of an authorised officer under a requirement under paragraph (c), (d), (l), (m) or (n) of section 58
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(1), paragraph (b), (c) or (i) of section 58
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(2), or section 58
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(3)(b), or in purported compliance with such requirement gives information or makes a declaration to the authorised officer or member that he or she knows to be false or misleading in any material respect, or (c) fails or refuses to comply with a direction of an authorised officer under section 58
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(1)(f).
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False or misleading information 70. A person who provides information to the Minister in purported compliance with this Act that he or she knows to be false or misleading in a material particular or is reckless as to whether it is false or misleading in a material particular shall be guilty of an offence.
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Penalties for offences 71. (1) A person guilty of an offence under section 31
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(7), 32
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(6), 33
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(2), 52
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(6), 61
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(6), 69 or 70 shall be liable— (a) on summary conviction to a class A fine or imprisonment for a term not exceeding 6 months or both, or (b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 3 years or both.
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(2)A person guilty of an offence under section 44
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(5)shall be liable— (a) on summary conviction to a class C fine or imprisonment for a term not exceeding 6 months or both, or (b) on conviction on indictment, to a fine not exceeding €250,000 or imprisonment for a term not exceeding 3 years or both.
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(3)A person guilty of an offence under— (a) subsection (1), (2), (3)(b), (4)(b), (5), (6)(b) or (7)(b) of section 10 , (b) section 11 , (c) section 12 , (d) section 13 , (e) subsection (1), (2)(b), (3) or (4)(b) of section 14 , (f) section 15 , (g) subsection (1), (2)(b), (3) or (4)(b) of section 16 , (h) section 17
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(3), (i) section 18 , (j) section 19 , (k) subsection (1) or (2)(b) of section 20 , (l) section 24 , (m) section 25 , (n) section 26 , (o) section 30 , (p) section 46 , (q) section 48 , or (r) section 61
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(7), shall be liable— (i) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months or both, or (ii) on conviction on indictment, to a fine not exceeding the greater of €10,000,000 or 3 times the value of the relevant items in respect of which the offence is committed or imprisonment for a term not exceeding 5 years or both.
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Offence by body corporate 72. (1) Where an offence under this Act is committed by a body corporate and it is proved that the offence was committed with the consent, connivance or approval of, or was attributable to any wilful neglect on the part of any director, manager, secretary or other officer of the body corporate, that person shall, as well as the body corporate, be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
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(2)Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director, manager, secretary or other officer of the body corporate.
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PART 8
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Miscellaneous and Transitional Provisions Information sharing 73. (1) The Minister may share information with a relevant body and enter into a data sharing arrangement with that relevant body where it is necessary and proportionate for the purpose of the performance of a function of the Minister under
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Part 4
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, 5 or 6 .
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(2)The information referred to in subsection (1) may— (a) include the name, address and contact details of a relevant person, (b) identify an item as a relevant item, (c) identify the relevant activity engaged in or proposed to be engaged in by a relevant person, (d) be information required for the purpose of consideration under section 29
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(3), (e) be commercial information relating to that relevant activity including the destination or end-use of the relevant item, or (f) include such other information as may be prescribed by the Minister for the purposes of subsection (1).
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(3)The Minister may prescribe— (a) the relevant bodies with whom the information may be shared, and (b) such conditions as the Minister considers appropriate to impose on the sharing of the information including, subject to the General Data Protection Regulation, sharing of any personal data.
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(4)In this section, “relevant body” means— (a) the Minister for Foreign Affairs, (b) the Minister for Justice, (c) the Minister for Defence, (d) any other Minister of the Government who the Minister is satisfied, performs functions which are relevant to the purpose referred to in subsection (1), (e) the Garda Síochána, (f) the Defence Forces, and (g) the Revenue Commissioners.
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Transitional provisions 74. (1) Where, immediately before the coming into operation of section 8 , an application for a licence was made in accordance with the Regulations of 2021 or an application for an authorisation was made in accordance with the Order of 2009 and— (a) a decision has not been made by the Minister in relation to the application before that coming into operation, the application shall be taken to be an application under this Act, or (b) a decision has been made to grant the licence or authorisation but notice of the decision has not been given to the applicant, the decision shall be taken to be a decision in accordance with this Act and the licence or authorisation shall be taken to be granted, subject to any conditions referred to in the decision, under this Act.
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(2)Where a relevant activity, in relation to which a licence has been granted under the Regulations of 2021 or an authorisation has been granted under the Order of 2009 before the coming into operation of section 8 is not carried out, or in relation to a global authorisation granted under the Order of 2009, is not fully carried out before that coming into operation, the licence or authorisation shall on the giving of notice in that behalf to the Minister by the person to whom the licence or authorisation was granted, in such form or manner as may be directed by the Minister, be taken to be an authorisation granted subject to the same, if any, conditions under this Act, without the requirement to apply for an authorisation under
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Part 5
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.
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(3)Where an appeal is made to the Minister under and in accordance with the Regulations of 2018 before the coming into operation of section 8 and the appeal has not been determined under Regulation 7 of those Regulations— (a) the appeal shall be taken to be an appeal under section 43 , and (b) Regulations 5 and 6 of the Regulations of 2018 shall continue to apply to the decision the subject of the appeal until the determination of the appeal under
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Part 5
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.
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1 OJ No. L206, 11.6.2021, p. 1 2 OJ No. L335, 13.12.2008, p. 99 3 OJ No. L239, 17.9.2019, p. 16 4 OJ No. L206, 11.6.2021, p. 1 5 OJ No. L354, 23.12.2016, p. 32 6 OJ No. L83, 25.3.2019, p. 38 7 OJ No. L111, 25.4.2019, p. 54 8 OJ No. L317, 9.12.2022, p. 1 9 OJ No. L3, 6.1.2022, p. 1 10 OJ No. L130I, 4.5.2022, p. 1 11 OJ No. L119, 4.5.2016, p. 1 12 OJ No. L 269, 10.10.2013, p. 1 Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais