Transport (Tour Operators and Travel Agents) Act 1982

F27[Offence - contravening section 4 or 5 and penalties.

20

20. (1) A person who carries on business, or holds himself or herself as carrying on business—

(a) as a tour operator F28[], in contravention of section 4, or

(b) as a travel agent F28[], in contravention of section 5,

commits an offence and is liable—

(i) on summary conviction, to a class A fine, or

(ii) on conviction on indictment, to a fine not exceeding €250,000.

(2) A person who for the purposes of obtaining for himself or herself or any other person a licence under section 6 makes a statement which he or she knows to be false or misleading or who recklessly makes a statement which is false in a material particular commits an offence and is liable—

(a) on summary conviction, to a class A fine, or

(b) on conviction on indictment, to a fine not exceeding €50,000, and any such licence obtained by him or her as a result of that statement is void and of no effect.

(3) Where a person is convicted of an offence under this section the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order that person to pay to the Minister the costs and expenses, measured by the court, incurred by the Minister in relation to the investigation, detection and prosecution of the offence.]

Annotations:

Amendments:

F27

Substituted (27.06.2014) by State Airports (Shannon Group) Act 2014(27/2014), s. 54(c), commenced on enactment. A class A fine means a fine not greater than €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.

F28

Deleted (11.03.2019) by European Union (Package Travel and Linked Travel Arrangements) Regulations 2019 (S.I. No. 80 of 2019), reg. 25(4).

Editorial Notes:

E54

Previous affecting provisions: subss. (2), (4) amended and (6) inserted (1.10.1995) byPackage Holidays and Travel Trade Act 1995 (27/2014), s. 32(a)-(c), S.I. No. 235 of 1995; section substituted as per F-note above.