Criminal Justice (Theft and Fraud Offences) (Amendment) Act 2021
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Interpretation (Part 6) | ||
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2. The Principal Act is amended by the substitution of the following section for section 40: | ||
“40. (1) In this Part— | ||
‘Act of 2018’ means the Criminal Justice (Corruption Offences) Act 2018 ; | ||
‘corruption offence’ means an offence under section 5 of the Act of 2018; | ||
‘Directive’ means Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’s financial interests by means of criminal law, the text of which is, for convenience of reference, set out in Schedule 1A; | ||
‘fraud affecting the financial interests of the European Union’ has the same meaning as ‘fraud affecting the Union’s financial interests’ in Article 3(2) of the Directive; | ||
‘misappropriation’ has the same meaning as it has in Article 4(3) of the Directive; | ||
‘money laundering offence’ means an offence under Part 2 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 ; | ||
‘national official’, for the purposes of the application of Article 4(4)(a) of the Directive, means an Irish official within the meaning of section 2(1) of the Act of 2018; | ||
‘public official’ means— | ||
(a) a Union official within the meaning of Article 4(4)(a)(i) of the Directive, | ||
(b) a national official, | ||
(c) a foreign official within the meaning of section 2(1) of the Act of 2018, or | ||
(d) a person referred to in Article 4(4)(b) of the Directive. | ||
(2) A word or expression that is used in this Part and that is also used in the Directive has, unless the context otherwise requires, the same meaning in this Part as it has in the Directive.”. |