Maternity Protection, Employment Equality and Preservation of Certain Records Act 2024

Offences

10. (1) An information source or a person acting on behalf of an information source who, without lawful authority or reasonable excuse, knowingly in relation to a relevant record other than a relevant record certified in accordance with section 9 (6)

(a) conceals, destroys, mutilates, or falsifies the relevant record,

(b) fails to maintain the relevant record, or

(c) removes the relevant record (where, on the coming into operation of this section, the record was in the State) from the State,

shall be guilty of an offence.

(2) A person who fails to comply with a direction of the Director under section 9 (2) shall be guilty of an offence.

(3) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 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.

(4) Where an offence under this section is committed by a body corporate and is proved to have been so committed with the consent or connivance of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person shall, as well as the body corporate, be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.