Packaged Goods (Quantity Control) Act, 1980
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Offences. |
17.—(1) A person who fails to perform a duty imposed on him by subsection (1), (3) or (4) of section 9 or subsection (1) of section 10 of this Act shall be guilty of an offence. | |
(2) A person who contravenes section 9 (2) of this Act shall be guilty of an offence. | ||
(3) A person who obstructs or impedes an inspector in the exercise of a power, or who does not comply with a requirement made by an inspector under this Act, shall be guilty of an offence. | ||
(4) Any person who— | ||
(a) purports to perform the duty imposed on him by paragraph (b) of section 9 (3) of this Act, or paragraph (a) of section 9 (4) of this Act, by making a record which he knows is false in a material particular, or | ||
(b) purports to perform the duty imposed on him by paragraph (b) of the said section 9 (4) by reference to a document containing information which he knows is false in a material particular; or | ||
(c) with intent to deceive, alters or destroys any record kept for the purposes of this Act or any document kept for the purposes of section 9 (4) (b) of this Act, | ||
shall be guilty of an offence. | ||
(5) (a) If a person has in his possession for sale, agrees to sell or sells a package to which section 8 of this Act applies which is inadequate and either— | ||
(i) he is the packer or importer of the package, or | ||
(ii) he knows that the package is inadequate, | ||
he shall be guilty of an offence. | ||
(b) Where— | ||
(i) a package to which section 8 of this Act applies is made up pursuant to an agreement or arrangement between the relevant packer and another person, and | ||
(ii) the package is inadequate, and | ||
(iii) such packer delivers the package to or to the order of a person to whom, under the agreement or arrangement, it falls to be delivered, | ||
such packer shall be guilty of an offence. | ||
(c) For the purposes of this subsection a package to which section 8 of this Act applies shall be regarded as being inadequate if the quantity of the goods included in the package is less, by more than twice the amount prescribed for the purposes of section 9 (5) of this Act, or, as may be appropriate, twice the relevant amount calculated in the manner so prescribed, than the quantity marked in pursuance of this Act on the package. | ||
(6) Where an offence under this Act is committed by a body corporate or an unincorporated body of persons or by a person purporting to act on behalf of such a body and is proved to have been committed with the consent, connivance or approval of, or to have been facilitated by any neglect on the part of, any director, manager, secretary or other officer of such body or a member of the committee or other controlling authority of such body or any person acting as such a director, manager, secretary or other official, such person shall also be guilty of the offence. | ||
(7) Summary proceedings for an offence under this Act may be prosecuted by the Minister. | ||
(8) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851 , summary proceedings for an offence under this Act may be instituted within twelve months from the date of the offence. |