Central Bank Act, 1989.
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PART IV Miscellaneous Provisions Relating to Financial Transactions | ||
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Amendment of Bankers' Books Evidence Act, 1879. |
131.—The Bankers' Books Evidence Act, 1879 , is hereby amended— | |
(a) by the substitution of the following section for section 5: | ||
“5. (1) A copy of an entry in a banker's book shall not be received in evidence under this Act unless it is further proved that— | ||
(a) in the case where the copy sought to be received in evidence has been reproduced in a legible form directly by either or both mechanical and electronic means from a banker's book maintained in a non-legible form, it has been so reproduced; | ||
(b) in the case where the copy sought to be received in evidence has been made (either directly or indirectly) from a copy to which paragraph (a) of this section would apply: | ||
(i) the copy sought to be so received has been examined with a copy so reproduced and is a correct copy, and | ||
(ii) the copy so reproduced is a copy to which the said paragraph (a) would apply if it were sought to have it received in evidence; | ||
(c) in any other case, the copy has been examined with the original entry and is correct. | ||
(2) Proof to which subsection (1) of this section relates shall be given— | ||
(a) in respect of paragraph (a) or (b) (ii) of that subsection, by some person who has been in charge of the reproduction concerned, | ||
(b) in respect of paragraph (b) (i) of that subsection, by some person who has examined the copy with the reproduction concerned, | ||
(c) in respect of paragraph (c) of that subsection, by some person who has examined the copy with the original entry concerned, | ||
and may be given either orally or by an affidavit sworn before any commissioner or person authorised to take affidavits.”, | ||
(b) by the deletion in section 6 after “legal proceeding” of the words “to which the bank is not a party”, | ||
(c) by the insertion of the following section after section 7: | ||
“Extension of section 7. | ||
7A. If, on an application made by a member of the Garda Síochána not below the rank of Superintendent, a court or a judge is satisfied that there are reasonable grounds for believing— | ||
(a) that an indictable offence has been committed; and | ||
(b) that there is material in the possession of a bank specified in the application which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence; | ||
a court or judge may make an order that the applicant or another member of the Garda Síochána designated by him be at liberty to inspect and take copies of any entries in a banker's book for the purposes of investigation of the offence.”, | ||
(d) by the substitution of the following paragraph for paragraph (a) of subsection (2) of section 9 (as amended by the Bankers' Books Evidence (Amendment) Act, 1959 ): | ||
“(a) include any records used in the ordinary business of a bank, or used in the transfer department of a bank acting as registrar of securities, whether— | ||
(i) comprised in bound volume, loose-leaf binders or other loose-leaf filing systems, loose-leaf ledger sheets, pages, folios or cards, or | ||
(ii) kept on microfilm, magnetic tape or in any non-legible form (by the use of electronics or otherwise) which is capable of being reproduced in a permanent legible form, and” | ||
and | ||
(e) by the substitution of the following section for section 11: | ||
“11. Days which are non-business days for the purposes of, and to the extent provided by the Bills of Exchange Act, 1882 , shall be excluded from the computation of time under this Act.”. |