Counterfeiting Act 2021

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Number 16 of 2021

COUNTERFEITING ACT 2021

CONTENTS

PART 1

Preliminary and General

Section

1. Short title and commencement

PART 2

Amendment to Criminal Justice (Theft and Fraud Offences) Act 2001

2. Definition (Part 2)

3. Amendment of section 32 of Act of 2001

4. Amendment of section 33 of Act of 2001

5. Amendment of section 34 of Act of 2001

6. Amendment of section 36 of Act of 2001

7. Amendment of section 37 of Act of 2001

8. Amendment of section 38 of Act of 2001

9. Liability for offences by body corporate, etc. (Part 5)

10. Amendment of section 39 of Act of 2001

11. Amendment of section 58 of Act of 2001

PART 3

Obligations of Relevant Persons in Respect of Ensuring Authenticity and Fitness of Euro Banknotes and Coins

12. Definitions (Part 3)

13. Functions and powers of the Central Bank

14. Central Bank may impose requirement on relevant person

15. Regulations (Part 3)

16. Power of Central Bank to require information, records, plans, etc.

17. Appointment of authorised officers

18. Warrant of appointment

19. Power of authorised officer to enter premises

20. Powers of authorised officer

21. Warrant required to enter premises

22. Provision of information, record or other document not to be treated as breach or to affect lien

23. Privileged legal material

24. Obligations of relevant persons

25. Failure to comply with a requirement

26. Offence of obstruction, etc.

27. Liability for offences by body corporate, etc. (Part 3)

PART 4

Miscellaneous

28. Designation of National Analysis Centre for euro notes and Coin National Analysis Centre

29. Amendment of Central Bank Act 1942

30. Amendment of Criminal Justice Act 1994

31. Amendment of Economic and Monetary Union Act 1998

32. Amendment of Criminal Justice Act 2011

33. Amendment of European Union (Passenger Name Record Data) Regulations 2018

Acts Referred to

Central Bank Act 1942 (No. 22)

Central Bank Act 1997 (No. 8)

Companies Act 2014 (No. 38)

Criminal Justice (Theft and Fraud Offences) (Amendment) Act 2021 (No. 2)

Criminal Justice (Theft and Fraud Offences) Act 2001 (No. 50)

Criminal Justice Act 1994 (No. 15)

Criminal Justice Act 2011 (No. 22)

Decimal Currency Act, 1969 (No. 23)

Economic and Monetary Union Act 1998 (No. 38)

European Arrest Warrant Act 2003 (No. 45)

Extradition Act 1965 (No. 17)

Finance Act 2002 (No. 5)

Number 16 of 2021

COUNTERFEITING ACT 2021

An Act to give effect to Directive 2014/62/EU of the European Parliament and of the Council of 15 May 2014¹ on the protection of the euro and other currencies against counterfeiting by criminal law, and replacing Council Framework Decision 2000/383/JHA and for that purpose to amend the Criminal Justice (Theft and Fraud Offences) Act 2001 ; to give full effect to Council Regulation (EC) No. 1338/2001 of 28 June 2001² laying down measures necessary for the protection of the euro against counterfeiting, as amended by Council Regulation (EC) No. 44/2009 of 18 December 2008³ ; to give full effect to Regulation (EU) No. 1210/2010 of the European Parliament and of the Council of 15 December 2010⁴ concerning authentication of euro coins and handling of euro coins unfit for circulation; and to give full effect to Decision ECB/2010/14 of the European Central Bank of 16 September 2010⁵ on the authenticity and fitness checking and recirculation of euro banknotes, as amended by Decision ECB/2012/19 of 7 September 2012⁶ and by Decision ECB/2019/2195 of 5 December 2019⁷ ;to make further provision in relation to the designation of the National Analysis Centre for euro notes and the Coin National Analysis Centre for euro coins; and to provide for related matters.

[5th July, 2021]

Be it enacted by the Oireachtas as follows:

¹ OJ No. L151, 21.5.2014, p.1

² OJ No. L181, 4.7.2001, p.6

³ OJ No. L17, 22.1.2009, p.1

⁴ OJ No. L339, 22.12.2010, p.1

⁵ OJ No. L267, 9.10.2010, p.1

⁶ OJ No. L253, 20.9.2012, p.19

⁷ OJ No. L330, 20.12.2019, p.91