Criminal Justice (Money Laundering and Terrorist Financing) Act 2010

PART 3

Directions, Orders and Authorisations Relating to Investigations

17.

Direction or order not to carry out service or transaction.

17.— (1) A member of the Garda Síochána not below the rank of superintendent may, by notice in writing, direct a person not to carry out any specified service or transaction during the period specified in the direction, not exceeding 7 days, if the member is satisfied that, on the basis of information that the Garda Síochána has obtained or received (whether or not in a report made under Chapter 4 of Part 4 ), such a direction is reasonably necessary to enable the Garda Síochána to carry out preliminary investigations into whether or not there are reasonable grounds to suspect that the service or transaction would, if it were to proceed, comprise or assist in money laundering or terrorist financing.

(2) A judge of the District Court may order a person not to carry out any specified service or transaction during the period specified in the order, not exceeding 28 days, if satisfied by information on oath of a member of the Garda Síochána, that—

( a) there are reasonable grounds to suspect that the service or transaction would, if it were to proceed, comprise or assist in money laundering or terrorist financing, and

( b) an investigation of a person for that money laundering or terrorist financing is taking place.

(3) An order may be made, under subsection (2) , in relation to a particular service or transaction, on more than one occasion.

F7 [ (4) An application for an order under subsection (2)

(a) shall be made ex parte and shall be heard otherwise than in public,

and

(b) shall be made to a judge of the District Court assigned to the district in which the order is proposed to be served. ]

(5) A person who fails to comply with a direction or order under this section commits an offence and is liable—

( a) on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months (or both), or

( b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years (or both).

(6) Any act or omission by a person in compliance with a direction or order under this section shall not be treated, for any purpose, as a breach of any requirement or restriction imposed by any other enactment or rule of law.

Annotations:

Amendments:

F7

Substituted (14.06.2013) by Criminal Justice Act 2013 (19/2013), s. 3, S.I. No. 196 of 2013.