Telecommunications (Miscellaneous Provisions) Act, 1996
|
Offences. |
13.—(1) A person who— | |
(a) fails to pay a levy imposed under section 6 , | ||
(b) fails to comply with an order made by the Minister under section 7 (2), | ||
(c) fails to comply with a request made by the Minister under section 7 (4), | ||
(d) obstructs or impedes an authorised officer in the exercise of a power conferred by section 12 (3), or | ||
(e) fails to comply with a requirement under section 12 (3), | ||
shall be guilty of an offence under this section. | ||
(2) A person who has been found guilty of an offence under this section shall— | ||
(a) be liable on summary conviction, to a fine not exceeding £1,500 (together with, in the case of a continuing offence, a fine not exceeding £100 for every day on which the offence is continued and not exceeding in total an amount which, when added to any other fine under this subsection in relation to the offence concerned, equals £1,500), or to imprisonment for a term not exceeding six months, or to both such fine and such imprisonment, or | ||
(b) be liable on conviction on indictment, to a fine not exceeding £50,000 (together with, in the case of a continuing offence, a fine not exceeding £5,000 for every day on | ||
which the offence is continued), or to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment. | ||
(3) Where an offence under this Act is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any person, being a director, manager, secretary or other similar officer of the body corporate, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall 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. | ||
(4) Summary proceedings for an offence under this Act may be brought and prosecuted by the Director. | ||
(5) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851 , summary proceedings for an offence under this Act may be brought within 12 months from the date of the offence. |