Defence Act 1954

Wrongful sale, etc., of equipment by a member of the Reserve Defence Force.

245

245.If any person (being a member or former member of the Reserve Defence Force)—

(a) designedly makes away with, or sells, pawns or wrongfully destroys or damages, or negligently loses, any article issued to him as a member of the Reserve Defence Force, or

(b) refuses, on demand made by the Minister or any person acting on behalf of the Minister, to deliver up any such article,

then,—

(i) he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F368[2,000],

(ii) the Court by which he is tried may, whether it convicts him of the offence or not, order him to pay to the Minister the value of the article.

Annotations

Amendments:

F368

Substituted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 4(2) and sch. 2, S.I. No. 254 of 2008. A fine of €2,000 translates into a class C fine, not exceeding €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(2) and table ref. no. 1, S.I. No. 662 of 2010.

Editorial Notes:

E108

Previous affecting provision: fine in para. (b) increased (24.06.1987) by Defence (Amendment) Act 1987 (8/1987), s. 2, item 12, commenced on enactment; further increased as per F-note above.