Criminal Justice (Money Laundering and Terrorist Financing) Act 2010

PART 2

Money Laundering Offences

Annotations:

Amendments:

F5

Substituted (30.07.2018) by Criminal Justice (Corruption Offences) Act 2018 (9/2018), s. 26, S.I. No. 298 of 2018.

Editorial Notes:

E7

Obligation imposed on an applicant for, or the holder of, an authorisation (as a commercial vehicle roadworthiness test operator under Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 9 or 10, or as a commercial vehicle roadworthiness tester under Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 17), or in the case of an authorisation applied for or held by a company, each director and the secretary of that company, to notify the Minister for Transport, Tourism and Sport in writing if he or she is, or has been, convicted of an offence under Part (27.03.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 12, S.I. No. 105 of 2013.

E8

Power granted to Minister for Transport, Tourism and Sport, in determining whether an operator has satisfied or continues to satisfy the requirement of good repute, to consider whether the operator, a person who holds a specified position, a shadow operator, or, in the case of a road passenger transport operator, a driver with that operator, has been convicted of an offence under Part (2.12.2011) by Road Transport Act 2011 (31/2011), s. 4, commenced on enactment.

E9

Obligation imposed on person who holds a specified position, a shadow operator, and, in the case of a road passenger transport operator, a driver with that operator, to inform the operator in writing in the event that he or she is or has been convicted of an offence under Part (2.12.2011) by Road Transport Act 2011 (31/2011), s. 3, commenced on enactment.

E10

Obligation imposed on holder of, or applicant for, an operator’s licence to notify the Minister for Transport, Tourism and Sport if a person who holds a specified position, a shadow operator, or, in the case of a road passenger transport operator, a driver with that operator, has been or is convicted an offence under Part (2.12.2011) by Road Transport Act 2011 (31/2011), s. 2, commenced on enactment.

6.

Interpretation ( Part 2).

6.— In this Part—

F5 [ criminal conduct means

(a) conduct that constitutes an offence,

(b) conduct occurring in a place outside the State that constitutes an offence under the law of the place and would constitute an offence if it were to occur in the State, or

(c) conduct occurring in a place outside the State that would constitute an offence under section 5 (1) or 6 (1) of the Criminal Justice (Corruption Offences) Act 2018 if it were to occur in the State and the person or official, as the case may be, concerned doing the act, or making the omission, concerned in relation to his or her office, employment, position or business is a foreign official within the meaning of that Act; ]

“proceeds of criminal conduct” means any property that is derived from or obtained through criminal conduct, whether directly or indirectly, or in whole or in part, and whether that criminal conduct occurs before, on or after the commencement of this Part.

Annotations:

Amendments:

F5

Substituted (30.07.2018) by Criminal Justice (Corruption Offences) Act 2018 (9/2018), s. 26, S.I. No. 298 of 2018.