Gambling Regulation Act 2024

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Jurisdiction

79. (1) Where a person engages in conduct in a place outside the State that would, if it occurred in the State, constitute an offence under this Act, or an offence of inciting, aiding and abetting, or attempting the commission of an offence under this Act, the person is guilty of an offence and is liable to be proceeded against and punished as if he or she were guilty of that first-mentioned or second-mentioned offence, as the case may be, if any of the following circumstances apply:

(a) the conduct takes place on board an Irish ship, within the meaning of section 9 of the Mercantile Marine Act 1955 ;

(b) the conduct takes place on an aircraft registered in the State;

(c) the conduct constitutes an offence under the law of that place and the person is—

(i) an Irish citizen,

(ii) ordinarily resident in the State, or

(iii) a company formed and registered under the Act of 2014 or an existing company within the meaning of that Act or is another body corporate established under the law of the State.

(2) Proceedings for an offence under this section may be taken in any place in the State and the offence may, for all incidental purposes, be treated as having been committed in that place.

(3) For the purposes of subsection (1)(c)(i)—

(a) a certificate that is signed by an officer of the Minister for Foreign Affairs and stating that a passport was issued by that Minister of the Government to a person on a specified date, and

(b) a certificate that is signed by an officer of the Minister and stating that, to the best of the officer’s knowledge and belief, the person has not ceased to be an Irish citizen,

shall be evidence that the person was an Irish citizen on the date on which the offence concerned is alleged to have been committed, unless the contrary is proved.

(4) For the purposes of subsection (1)(c), a certificate—

(a) purporting to be signed by a lawyer practising in the place where the conduct is alleged to have occurred, and

(b) stating that such conduct is an offence in that place,

shall be evidence of the matters referred to in that certificate, unless the contrary is proved.

(5) A document purporting to be a certificate referred to in subsection (3) or (4) is deemed, unless the contrary is proved—

(a) to be such a certificate, and

(b) to have been signed by the person purporting to have signed it.

(6) In a case where a certificate referred to in subsection (4) is written in a language other than the Irish language or the English language, unless the contrary is proved—

(a) a document purporting to be a translation of that certificate into the Irish language or the English language, as the case may be, and that is certified as correct by a person appearing to be competent to so certify, is taken—

(i) to be a correct translation of the certificate, and

(ii) to have been certified by the person purporting to have certified it,

and

(b) the person is taken to be competent to so certify.

(7) For the purposes of this section—

(a) a person shall be deemed to be ordinarily resident in the State if he or she had his or her principal residence in the State for the period of 12 months immediately preceding the date of the alleged commission of the offence, and

(b) a company formed and registered under the Act of 2014 or an existing company within the meaning of that Act shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business.

(8) Where a person has been acquitted or convicted of an offence in a place other than the State, he or she shall not be proceeded against for an offence under this section consisting of the conduct, or substantially the same conduct, that constituted the offence of which the person has been acquitted or convicted.