Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) Act, 1978
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Offences. |
3.—(1) A person who contravenes a regulation under section 2 of this Act shall be guilty of an offence and shall be liable, on conviction on indictment, to a fine not exceeding £10,000 and, in the case of a continuing offence, to a further fine not exceeding £1,000 for each day on which the offence is continued. | |
(2) A Justice of the District Court shall have jurisdiction to try summarily any offence under subsection (1) of this section if— | ||
(a) the Justice is of opinion that the facts proved or alleged against the defendant so charged constitute a minor offence fit to be tried summarily, | ||
(b) the Director of Public Prosecutions consents, and | ||
(c) the defendant (on being informed by the Justice of his right to be tried by a jury) does not object to being tried summarily, | ||
and, on conviction under this subsection, the defendant shall be liable to a fine not exceeding £500 and, in the case of a continuing offence, to a further fine not exceeding £25 for each day on which the offence is continued. | ||
(3) Section 13 of the Criminal Procedure Act, 1967 , shall apply in relation to an offence under subsection (1) of this section as if the reference in subsection (2) (a) of section 13 to the penalties provided for in subsection (3) of section 13 were a reference to the penalty provided for by subsection (2) of this section in relation to that offence when tried summarily. | ||
(4) Where an offence under this Act is committed by a body corporate or by a person purporting to act on behalf of a body corporate or an unincorporated body of persons and is proved to have been committed with the consent or approval of, or to have been facilitated by any neglect on the part of, any person, who when the offence is committed is a director, member of the committee of management or other controlling authority of the body concerned, or the manager, secretary or other officer of the body, that person shall also be deemed to have committed the offence and may be proceeded against and punished accordingly. |