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Amendment of section 79 of Act of 2007
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164. Section 79 of the Act of 2007 is amended—
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(a) in subsection (1)(a), by the substitution of “a class B fine” for “a fine not exceeding €3,000”, and
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(b) by the insertion of the following subsection after subsection (7):
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“(7A) Where a court is determining the sentence to impose on a person convicted of an offence under any of Chapters 1 to 4 of Part 3 or this section, it shall take account, so far as applicable, of the following indicative and non-exhaustive criteria:
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(a) the nature, gravity, scale and duration of the infringement;
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(b) any action taken by the person to mitigate or remedy the damage suffered by consumers;
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(c) any previous infringements of the provisions of any of those Chapters or of this section by the person;
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(d) the financial benefits gained or losses avoided by the person due to the infringement, if the relevant data are available;
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(e) any penalties imposed on the person for the same infringement in other Member States in cross-border cases where information about such penalties is available through the mechanism established by Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 201719
on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No. 2006/2004;
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(f) any other aggravating or mitigating factors applicable in the circumstances of the case.”.
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19 OJ No. L345, 27.12.2017, p 1-26 |
