Criminal Justice (Money Laundering and Terrorist Financing) Act 2010
F99 [ Grounds of refusal to grant certificate of fitness
109C. (1) A Superintendent of the Garda S í och á na or, as the case may be, the Minister shall not refuse an application for a certificate of fitness made in accordance with section 109B unless —
( a ) a relevant consideration exists, or
( b ) he or she is not satisfied that the applicant has provided such information as he or she reasonably requires for the purposes of determining whether a relevant consideration exists.
(2) For the purposes of subsection (1) , a relevant consideration exists if —
( a ) the applicant stands convicted of an offence under —
(i) an enactment relating to excise duty on betting,
(ii) the Gaming and Lotteries Acts 1956 to 2013,
(iv) the Criminal Justice (Theft and Fraud Offences) Act 2001 , or
(v) this Act,
( b ) the applicant stands convicted of an offence under the law of a place (other than the State) —
(i) consisting of an act or omission that, if committed in the State, would constitute an offence referred to in paragraph (a) , or
(ii) relating to the conduct of gambling,
( c ) the applicant was previously refused a certificate of fitness and either —
(i) the applicant did not appeal the refusal, or
(ii) on appeal to the District Court, the refusal was affirmed.
(3) In this section, ‘ enactment ’ means —
( a ) an Act of the Oireachtas,
( b ) a statute that was in force in Saorst á t É ireann immediately before the date of the coming into operation of the Constitution and that continues in force by virtue of Article 50 of the Constitution,
( c ) an instrument made under —
(i) an Act of the Oireachtas, or
(ii) a statute referred to in paragraph (b) . ]
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.
The section heading is taken from the amending section in the absence of one included in the amendment.