Unclaimed Life Assurance Policies Act 2003
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Penalties and proceedings. |
5.—(1) A person guilty of an offence under this Act is liable— | |
(a) on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months, or both, or | ||
(b) on conviction on indictment, to a fine not exceeding €100,000 or imprisonment for a term not exceeding 5 years, or both. | ||
(2) Where an offence under this Act is committed by a body corporate and is proved to have been committed with the consent, connivance or approval of, or to be attributable to any neglect on the part of any director, manager, secretary or other officer of the body corporate or any other person who was purporting to act in any such capacity, that officer or person as well as the body corporate is guilty of an offence and is liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence. | ||
(3) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act 1851 , summary proceedings for an offence under this Act may be instituted within 2 years from the date on which the offence was committed or, if later, 2 years from the date on which evidence that, in the opinion of the person by whom the proceedings are brought, is sufficient to justify the bringing of the proceedings comes to that person's knowledge. | ||
(4) Summary proceedings in respect of an offence under this Act may be brought and prosecuted by the regulatory authority. | ||
(5) Where a person is convicted of an offence under this Act, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the regulatory authority the costs and expenses, measured by the court, incurred by the regulatory authority in relation to the prosecution of the offence. |