Communications Regulation (Postal Services) Act 2011
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Amendment of section 43 of Principal Act (prosecution of summary offences by Commission). |
59.— Section 43 of the Principal Act is amended— | |
(a) by substituting the following for subsection (2): | ||
“(2) Subsection (1) does not apply to a prosecution for an offence under— | ||
(a) section 53(2), | ||
(b) the European Communities (Electronic Communications Networks and Services) (Universal Service and Users’ Rights) Regulations 2003 ( S.I. No. 308 of 2003 ), | ||
(c) the European Communities (Electronic Communications Networks and Services) (Data Protection and Privacy) Regulations 2003 ( S.I. No. 535 of 2003 ), or | ||
(d) section 53 , 55 , 56 (2), 57 or 58 of the Communications Regulation (Postal Services) Act 2011.”, | ||
and | ||
(b) by inserting the following after subsection (2): | ||
“(3) (a) In this subsection “relevant offence” means an offence under— | ||
(i) section 13C(2) or (5), 13D(2) or (5), 13F(5), 24(3), 38C, 38D, 38E, 39(6) or 45(2) of this Act, | ||
(ii) section 13 of the Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 , or | ||
(iii) section 38 (7), 42 (4), 56 (1) or (2), 57 (2) or 58 of the Communications Regulation (Postal Services) Act 2011. | ||
(b) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act 1851 , summary proceedings for a relevant offence may be instituted within 12 months from the date on which the offence was committed.”. |