Control of Exports Act, 1983

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Licences.

3.—(1) The Minister may, at his discretion, issue or refuse a licence.

(2) The Minister may attach to a licence such conditions as he may think proper and specifies in the licence.

(3) The Minister may revoke a licence issued under this section.

(4) Every person who, for the purpose of obtaining for himself or for any other person a licence, makes any statement or representation which is, to his knowledge, false or misleading in any material respect shall be guilty of an offence.

(5) A person guilty of an offence under this section shall be liable, on conviction on indictment, to a fine not exceeding £10,000 or three times the value of the goods in respect of the exportation of which the licence is sought, whichever is the greater, or, at the discretion of the court, to imprisonment for a term not exceeding two years or to both the fine and the imprisonment.

(6) A Justice of the District Court shall have jurisdiction to try summarily an offence under this section if—

(a) the Justice is of the opinion that the facts proved or alleged against a defendant charged with such an offence 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 upon conviction under this subsection, the said defendant shall be liable to a fine not exceeding £800 or, at the discretion of the court, to imprisonment for a term not exceeding six months, or to both the fine and the imprisonment.

(7) Section 13 of the Criminal Procedure Act, 1967 , shall apply in relation to an offence under this section as if, in lieu of the penalties specified in subsection (3) of the said section 13, there were specified therein the penalty provided for by subsection (6) of this section, and the reference in subsection (2) (a) of the said section 13 to the penalties provided for in the said subsection (3) shall be construed and have effect accordingly.

(8) An offence under this section may be prosecuted by the Minister.

(9) Notwithstanding the provisions of section 10 (4) of the Petty Sessions (Ireland) Act, 1851 , proceedings for a summary offence under this Act may be taken within two years from the date of the offence.