Cluster Munitions And Anti-Personnel Mines Act 2008

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PART 5

Penalties and Miscellaneous Provisions

Provision of information.

16.— (1) The Minister may, by notice in writing, require any person whom he or she has reason to believe has information or documents relevant to—

(a) the enforcement of Part 2 or 3 of this Act, or

(b) the compliance by the State with an obligation under Article 7 or 8 of the Cluster Munitions Convention or Article 7 or 8 of the Anti-Personnel Mine Ban Convention,

to provide the information or documents to the Minister within such period as may be specified in the notice.

(2) (a) A notice under subsection (1) shall be addressed to the person concerned by name, and may be served on or given to the person in one of the following ways:

(i) by delivering it to the person;

(ii) by leaving it at the address at which the person ordinarily resides or, in a case where an address for service has been furnished, at that address; or

(iii) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address.

(b) For the purposes of this subsection, a company within the meaning of the Companies Acts is to be taken to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body is to be taken to be ordinarily resident at its principal office or place of business.

(3) A person who—

(a) fails to comply with a requirement under subsection (1), or

(b) in response to such a requirement, knowingly or recklessly provides the Minister with information or documentation that is false or misleading in a material respect,

is guilty of an offence and is liable—

(i) on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 6 months or both, or

(ii) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 2 years or both.