Prevention of Corruption (Amendment) Act 2001

Corruption occurring outside State.

7

7.—(1) Subject to subsection (2) of this section, where a person F5 [ (whether or not the person is an agent) ] does outside the State an act that, if done in the State, would constitute an offence under F6 [ the relevant section ], he or she shall be guilty of an offence and he or she shall be liable on conviction to the penalty to which he or she would have been liable if he or she had done the act in the State.

F6 [ (2) Subsection (1) shall apply only where the person concerned is

( a ) an Irish citizen,

( b ) an individual who is ordinarily resident in the State,

( c ) a company registered under the Companies Acts,

( d ) any other body corporate established under a law of the State, or

( e ) a relevant agent in any case where the relevant agent does not fall within any of paragraphs (a) to (d) .

(3) In this section

agent has the meaning assigned to it by subsection (5) of the relevant section;

ordinarily resident in the State , in relation to an individual, means the individual has had his or her principal residence in the State for the period of 12 months immediately preceding the alleged commission of the offence concerned under subsection (1) ;

relevant agent means a person who falls within paragraph ( b ) of the definition of agent in subsection (5) of the relevant section;

relevant section means section 1 (inserted by section 2 of this Act and as amended by section 2 of the Prevention of Corruption (Amendment) Act 2010) of the Act of 1906. ]

Annotations:

Amendments:

F5

Inserted (15.12.2010) by Prevention of Corruption (Amendment) Act 2010 (33/2010), s. 3(a)(i), commenced on enactment.

F6

Substituted (15.12.2010) by Prevention of Corruption (Amendment) Act 2010 (33/2010), s. 3(a)(ii) and (b), commenced on enactment.

Editorial Notes:

E2

Offence under section included in definition of “relevant offence” for purposes of Criminal Justice Act 2011 (22/2011) (9.08.2011) by Criminal Justice Act 2011 (22/2011), s. 3 and sch. 1, S.I. No. 411 of 2011.