Criminal Justice (Money Laundering and Terrorist Financing) Act 2010

F98 [ Application for certificate of fitness

109B

109B. (1) Upon compliance with subsection (2) , an individual shall make an application for a certificate of fitness

( a ) where the individual ordinarily resides in the State

(i) to the Superintendent of the Garda S í och á na for the district in which he or she ordinarily resides, or

(ii) to the Superintendent of the Garda S í och á na for the district in which the private members club concerned is located or is proposed to be located,

or

( b ) where the individual ordinarily resides outside the State, to the Minister.

(2) An individual intending to apply for a certificate of fitness under this section shall, not later than 14 days and not earlier than one month before making the application, publish in two daily newspapers circulating in the State, a notice in such form as may be prescribed, of his or her intention to make the application.

(3) An application for a certificate of fitness under this section shall be in such form as may be prescribed.

(4) The applicant for a certificate of fitness shall provide the Superintendent of the Garda S í och á na, or as the case may be, the Minister to whom the application concerned is made with all such information as he or she may reasonably require for the purposes of determining whether a relevant consideration referred to in section 109C exists.

(5) A Superintendent of the Garda S í och á na, or as the case may be, the Minister to whom an application for a certificate of fitness is duly made under this section shall, not later than 56 days after receiving the application, either

( a ) grant the application and issue a certificate of fitness to the applicant, or

( b ) refuse the application.

(6) A certificate of fitness under this section shall be in such form as may be prescribed.

(7) An individual who, in applying for a certificate of fitness under this section, makes a statement or provides information to a Superintendent of the Garda S í och á na or, as the case may be, to the Minister, that he or she knows, or ought reasonably to know, is false or misleading in a material respect commits an offence and is liable

( a ) on summary conviction to a class A fine or imprisonment for a term not exceeding 6 months, or both, or

( b ) on conviction on indictment to a fine not exceeding 50,000 or imprisonment for a term not exceeding 2 years, or both.

(8) A Superintendent of the Garda S í och á na shall, as soon as may be after making a decision in relation to an application for a certificate of fitness, notify the Minister in writing of that decision. ]

Annotations:

Amendments:

F98

Inserted (26.11.2018) by Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2018 (26/2018), s. 35, S.I. No. 486 of 2018.

Editorial Notes:

E47

A class A fine is defined as a fine not exceeding €5,000 (4.01.2011) by Fines Act 2010 (8/2010), s. 3, S.I. No. 662 of 2010.

E48

The section heading is taken from the amending section in the absence of one included in the amendment.