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Amendment of section 33BA of Act of 1942.
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70.— Section 33BA of the Act of 1942 is amended by inserting the following after subsection (5):
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“(6) Without limiting subsections (1) to (4), the Bank has the same powers that a judge of the High Court has when hearing civil proceedings that are before that Court with respect to the examination of witnesses (including witnesses who are outside the State).
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(7) A person who is summoned to appear before the Bank under this section is entitled to the same rights and privileges as a witness appearing in civil proceedings before the High Court.
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(8) An answer to a question put to a person in response to a requirement under subsection (4)(a) or information provided by a person in response to a requirement under subsection (4)(b) is not admissible as evidence against the person in criminal proceedings, other than proceedings for perjury, if the information was provided on oath.
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(9) A person who—
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(a) obstructs the Bank in the exercise of a power conferred by this Part,
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(b) without reasonable excuse, fails to comply with a requirement or request made by the Bank under this Part,
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(c) in purported compliance with such a requirement or request, gives information that the person knows to be false or misleading, or
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(d) refuses to comply with a summons to attend before, or to be examined on oath by, the Bank,
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commits an offence and is liable—
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(i) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or
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(ii) on conviction on indictment, to a fine not exceeding €250,000 or imprisonment for a term not exceeding 5 years, or both.”.
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