Public Health (Tobacco) Act 2002

Offences and penalties.

5

5.—(1) A person guilty of an offence under section 20 shall be liable on summary conviction to a fine not exceeding F9[€3,000], or to imprisonment for a term not exceeding 6 months, or to both.

(2) A person guilty of an offence under F11[section 37(13), 43(3), 43(4), 45, 46, 48 or 54(9)] shall be liable on summary conviction to a fine not exceeding F9[€3,000], or to imprisonment for a term not exceeding 3 months, or to both.

F12[(2A) A person guilty of an offence under section 47 shall be liable on summary conviction to a fine not exceeding €3,000.]

(3) A person guilty of an offence under section 33, F12[33A,] 36, 37(14), 38, 39, 40, 42 or 53 shall be liable—

(a) on summary conviction to a fine not exceeding F9[€3,000], or to imprisonment for a term not exceeding 3 months, or to both, or

(b) on conviction on indictment to a fine not exceeding €125,000, or to imprisonment for a term not exceeding 2 years, or to both.

(4) Section 13 of the Criminal Procedure Act 1967, shall apply in relation to an offence under this Act as if, in lieu of the penalties specified in subsection (3)(a) of that section, there were specified therein the penalties provided for in subsection (3)(a), and the reference in subsection (2)(a) of the said section 13 to the penalties provided for by subsection (3) shall be construed and have effect accordingly.

(5) Where an offence under this Act is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other officer of such body corporate or a person who was purporting to act in any such capacity, that officer or person shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(6) On conviction for an offence under this Act the court may, in addition to any other penalty, order any tobacco product or any apparatus, equipment or thing to which the offence relates to be forfeited.

Annotations

Amendments:

F9

Substituted (29.03.2004) by Public Health (Tobacco) (Amendment) Act 2004 (6/2004), s. 3(d), S.I. No. 111 of 2004. A fine of €3,000 translates into a class B fine, not greater than €4,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 5(3) and table ref. no. 1, S.I. No. 662 of 2010.

F10

Deleted (29.03.2004) by Public Health (Tobacco) (Amendment) Act 2004 (6/2004), s. 3(a), S.I. No. 111 of 2004.

F11

Substituted (22.12.2023) by Public Health (Tobacco Products and Nicotine Inhaling Products) Act 2023 (35/2023), s. 43, S.I. No. 669 of 2023.

F12

Inserted (29.03.2004) by Public Health (Tobacco) (Amendment) Act 2004 (6/2004), s. 3(b), (c), S.I. No. 111 of 2004. A fine of €3,000 translates into a class B fine, not greater than €4,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 5(3) and table ref. no. 1, S.I. No. 662 of 2010.

Editorial Notes:

E8

Previous affecting provision: subs. (2) amended (29.03.2004) by Public Health (Tobacco) (Amendment) Act 2004 (6/2004), s. 3(a), S.I. No. 111 of 2004; subs. (2) amended (22.12.2023) as per F-note above.