Automatic Enrolment Retirement Savings System Act 2024
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Fixed payment notice | ||
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124. (1) Where an authorised officer has reasonable grounds for believing that a person is committing, or has committed, a relevant offence, the authorised officer may serve a notice in writing (in this Part referred to as a “fixed payment notice”) in the prescribed form stating that— | ||
(a) the person is alleged to have committed the relevant offence concerned, | ||
(b) the person may, during the period of 21 days beginning on the date of the fixed payment notice, make to the Authority a payment of such amount or amounts as may be prescribed, being an amount of not more than€5,000 accompanied by the notice or copy thereof, | ||
(c) the person is not obliged to make the payment specified in the notice, | ||
(d) a prosecution of the person in respect of the alleged relevant offence will not be instituted during the period of 21 days beginning on the date of the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged relevant offence will be instituted, and | ||
(e) in default of such payment, the person shall be prosecuted for the alleged relevant offence. | ||
(2) Where a fixed payment notice is served under subsection (1)— | ||
(a) the person to whom it applies may make a payment in accordance with subsection (1)(b), | ||
(b) the Authority shall receive and retain the payment and issue a receipt for the payment, | ||
(c) any payment received by the Authority shall not be recoverable by the person who made it, and | ||
(d) a prosecution in respect of the alleged relevant offence to which the notice relates shall not be instituted during the period specified in subsection (1)(b) and, if payment so specified is made during that period, no prosecution in respect of the alleged relevant offence will be instituted. | ||
(3) In proceedings for a relevant offence, it shall be a defence for the defendant to prove that he or she has made a payment in accordance with this section, pursuant to a fixed payment notice served in respect of the offence. | ||
(4) The Minister may prescribe the amount of a fixed payment and may prescribe different amounts for different offences. | ||
(5) In this section, “relevant offence” means an offence under section 128 or 131 . |