Health (Assisted Human Reproduction) Act 2024
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Chapter 8 Offences and related provisions | ||
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Offences - general | ||
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193. (1) A person who contravenes section 9 shall be guilty of an offence and shall be liable— | ||
(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or | ||
(b) on conviction on indictment, to a fine not exceeding €100,000 or imprisonment for a term not exceeding five years, or both. | ||
(2) A holder who contravenes section 10 shall be guilty of an offence and shall be liable— | ||
(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or | ||
(b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding three years, or both. | ||
(3) A person who contravenes section 29 (1) or (2), 35 (1), 52 (2) or (3), 53 (1), 57 (3), 60 (1), 89 (2) or (3), 90 (1), 93 (3), 96 (1) or 172 (4) or (5) shall be guilty of an offence and shall be liable— | ||
(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or | ||
(b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding two years, or both. | ||
(4) Without prejudice to the generality of the powers of the court to enforce an order under section 176 (7)(a), if the holder concerned fails to comply with the order, the holder shall be guilty of an offence and shall be liable on conviction on indictment to a fine not exceeding €250,000. | ||
(5) Subject to subsection (6), a person who makes a communication under section 189 (1) which the person knows to be false, that any relevant contravention by a holder may have occurred or may be occurring, or that a contravention of a provision of this Act by a person other than a holder may have or may be being committed, shall be guilty of an offence and shall be liable— | ||
(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or | ||
(b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 3 years, or both. | ||
(6) Subsection (5) shall not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014 . | ||
(7) A person who, without reasonable excuse, contravenes a direction referred to in section 187 (4) shall be guilty of an offence and shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months, or both. | ||
(8) An employer who contravenes section 189 (5) shall be guilty of an offence and shall be liable— | ||
(a) on summary conviction, to a class A fine and imprisonment for a term not exceeding 12 months, or both, or | ||
(b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 3 years, or both. |