Fuels (Control of Supplies) Act, 1971
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Offences, prosecutions and punishments. |
4.—(1) A person who knowingly contravenes or attempts so to contravene a provision in an order made by the Minister under this Act or in a direction shall be guilty of an offence. | |
(2) Every person who, knowing that another person has committed an offence under this section, gives that other person any assistance with intent thereby to prevent, hinder, or interfere with the detection of that offence or to prevent, hinder or interfere with the apprehension, trial, or punishment of that other person for that offence shall himself be guilty of an offence. | ||
(3) Whenever there is, in relation to a ship or other vessel, or an aircraft, a contravention of a provision in an order or direction, the person who is at the time of the contravention or attempted contravention in charge of the vessel or the aircraft (as the case may be), and also the person who at that time has the management of the vessel or the aircraft, shall each be guilty of an offence. | ||
(4) Where an offence under this section is committed by a body corporate and is proved to have been so committed with the consent or approval of, or to have been facilitated by any wilful neglect on the part of, any director, manager, secretary or other officer of the body corporate, the director, manager, secretary or other officer shall also be deemed to have committed the offence. | ||
(5) Every person who commits or is deemed to have committed an offence under this section shall— | ||
(a) on summary conviction, be liable to a fine not exceeding £100 (together with, in the case of a continuing offence, a fine not exceeding £10 for every day on which the offence is continued) or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment, or | ||
(b) on conviction on indictment, be liable to a fine not exceeding £10,000 (together with, in the case of a continuing offence, a further fine not exceeding £100 for every day on which the offence is continued) or, at the discretion of the Court, to imprisonment for a term not exceeding ten years or to both such fine and such imprisonment. | ||
(6) Where a person is convicted of an offence under this section the Court may, in addition to the punishment to which the person is liable under subsection (5) of this section, direct that any personal chattels in relation to, or by means of which, the offence was committed, be forfeited and any personal chattels so forfeited shall be disposed of in such manner as the Minister may direct, and any moneys arising from any such disposal shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct. | ||
(7) Proceedings in the District Court in relation to an offence under this section may be brought and prosecuted by the Minister or by a member of the Gárda Síochána. | ||
(8) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851 , summary proceedings for an offence under this section may be instituted within twelve months from the date of the offence. |