Criminal Justice (Amendment) Act 2009

PART 3

Offences under certain enactments: provision for extra-territorial effect

Amendment of section 7 of Act of 1939.

18.— (1) Section 7 of the Act of 1939 is amended—

(a) in subsection (1), by inserting “(whether in or outside the State)” after “Every person who”, and

(b) in subsection (2), by inserting “(whether in or outside the State)” after “Every person who”.

(2) Section 7 of the Act of 1939 is further amended by inserting the following after subsection (2):

“(3) A person shall be guilty of an offence under this section for conduct that the person engages in outside the State only if—

(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 person is an Irish citizen, or

(d) the person is ordinarily resident in the State.

(4) A person who has his principal residence in the State for the 12 months immediately preceding the commission of an offence under subsection (1) or (2) of this section is, for the purposes of subsection (3)(d) of this section, ordinarily resident in the State on the date of the commission of the offence.”.