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Amendment of section 5 of Act of 1981.
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25.—Section 5 of the Act of 1981 is amended by the substitution for that section of the following section:
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“5.—(1) A person who is guilty of an offence by reason of a contravention of section 18(2), section 20 or section 20A or regulations made under section 37 shall be liable—
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(a) on summary conviction, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 6 months, or to both, or
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(b) on conviction on indictment, to a fine not exceeding €130,000 or to imprisonment for a term not exceeding 2 years, or to both.
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(2) Where a person is convicted of an offence referred to in subsection (1) and there is a continuation by the person of the offence after the conviction, the person shall be guilty of a further offence on every day on which the contravention continues and for each such offence shall be liable—
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(a) on summary conviction, to a fine not exceeding €500 for each day on which the offence is so continued or to imprisonment for a term not exceeding 6 months, or to both, but if a person is convicted in the same proceedings of 2 or more such further offences, the aggregate term of imprisonment to which the person shall be liable shall not exceed 6 months, or
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(b) on conviction on indictment, to a fine not exceeding €13,000 for each day on which the offence is so continued, or to imprisonment for a term not exceeding 2 years, or to both, but if a person is convicted in the same proceedings of 2 or more such further offences, the aggregate term of imprisonment to which he or she shall be liable shall not exceed 2 years.
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(3) A person who is guilty of an offence under this Act, other than an offence referred to in subsection (1) or (2), shall be liable, on summary conviction, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 6 months, or to both.
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(4) Where an offence under this Act is committed by a body corporate or by a person acting on behalf of a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to have been facilitated by any neglect on the part of a person, being a director, manager, secretary or other officer of that body or a person who was purporting to act in any such capacity, that person shall also 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.
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(5) Where the affairs of a body corporate are managed by its members, subsection (4) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate.”.
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