Telecommunications (Miscellaneous Provisions) Act 1996

Offences.

13

13. F19 [ (1) A person who fails to comply with

( a ) an order under section 7(2) , or

( b ) a request under section 7(4) ,

is guilty of an offence.

(2) A person guilty of an offence under this section is liable

( a ) on summary conviction, to a fine not exceeding 3,000, or

( b ) on conviction on indictment, to a fine not exceeding 1,000,000. ]

(3) Where an offence under this Act is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any person, being a director, manager, secretary or other similar officer of the body corporate, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(4) Summary proceedings for an offence under this Act may be brought and prosecuted by the Director.

(5) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this Act may be brought within 12 months from the date of the offence.

Annotations:

Amendments:

F19

Substituted (1.12.2002, establishment day) by Communications Regulation Act 2002 (20/2002), s. 46, S.I. No. 510 of 2002.