Proceeds of Crime (Amendment) Act 2005

Number 1 of 2005

PROCEEDS OF CRIME (AMENDMENT) ACT 2005

REVISED

Updated to 30 July 2018

This Revised Act is an administrative consolidation of the Proceeds of Crime (Amendment) Act 2005. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Companies (Statutory Audits) Act 2018 (22/2018), enacted 25 July 2018, and all statutory instruments up to and including Criminal Justice (Corruption Offences) Act 2018 (Commencement) Order 2018 (S.I. No. 298 of 2018), made 26 July 2018, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

Number 1 of 2005

PROCEEDS OF CRIME (AMENDMENT) ACT 2005

REVISED

Updated to 30 July 2018

Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Criminal Assets Bureau Acts 1996 and 2005: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Proceeds of Crime (Amendment) Act 2005 (1/2005), s. 1(3)). The Acts in this group are:

• Criminal Assets Bureau Act 1996 (31/1996)

• Proceeds of Crime (Amendment) Act 2005 (1/2005), Part 3 (ss. 13-18)

Proceeds of Crime Acts 1996 to 2016: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Proceeds of Crime (Amendment) Act 2016 (8/2016), s. 7(2)). The Acts in this group are:

• Proceeds of Crime Act 1996 (30/1996)

• Proceeds of Crime (Amendment) Act 2005 (1/2005), Part 2 (ss. 3-12)

• Proceeds of Crime (Amendment) Act 2016 (8/2016)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1984, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Criminal Justice (Corruption Offences) Act 2018 (9/2018)

All Acts up to and including Companies (Statutory Audits) Act 2018 (22/2018), enacted 25 July 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• None

All statutory instruments up to and including Criminal Justice (Corruption Offences) Act 2018 (Commencement) Order 2018 (S.I. No. 298 of 2018), made 26 July 2018, were considered in the preparation of this revision.

Number 1 of 2005

PROCEEDS OF CRIME (AMENDMENT) ACT 2005

REVISED

Updated to 30 July 2018

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section
1.	Short title, collective citation and construction.
2.	Interpretation.

PART 2

Amendments to Principal Act

3.	Amendment of section 1 (interpretation) of Principal Act.
4.	Amendment of section 2 (interim order) of Principal Act.
5.	Amendment of section 3 (interlocutory order) of Principal Act.
6.	Amendment of section 4 (disposal order) of Principal Act.
7.	New section 4A in Principal Act.
8.	Amendment of section 6 (order in relation to property the subject of interim order or interlocutory order) of Principal Act.
9.	Amendment of section 8 (evidence and proceedings under Act) of Principal Act.
10.	Non-application to Principal Act of section 11(7) of Statute of Limitations 1957.
11.	Amendment of section 9 (affidavit specifying property and income of respondent) of Principal Act.
12.	New sections 16A and 16B in Principal Act.

PART 3

Amendments to Act of 1996

13.	Amendment of section 1 (interpretation) of Act of 1996.
14.	Amendment of section 4 (objectives of Bureau) of Act of 1996.
15.	Amendment of section 5 (functions of Bureau) of Act of 1996.
16.	Amendment of section 14 (search warrants) of Act of 1996.
17.	Amendment of maximum amount of certain fines in Act of 1996.
18.	New sections 14A, 14B and 14C in Act of 1996.

PART 4

Amendments to Act of 1994

19.	Amendment of Title to Part VI of Act of 1994.
20.	Amendment of section 38 (seizure and detention) of Act of 1994.
21.	Amendment of section 39 (forfeiture of seized cash) of Act of 1994.
22.	Amendment of section 43 (interpretation of Part VI) of Act of 1994.

PART 5

Amendments to Act of 2001

23.	New sections 2A, 2B and 2C in Act of 2001. (Repealed)

Acts Referred to
Criminal Assets Bureau Act 1996	1996, No. 31
Criminal Justice Act 1994	1994, No. 15
Ethics in Public Office Act 1995	1995, No. 22
Local Government Act 2001	2001, No. 37
Official Secrets Act 1963	1963, No. 1
Prevention of Corruption Act 1906	6 Edw. 7. c. 34
Prevention of Corruption Acts 1889 to 2001
Prevention of Corruption (Amendment) Act 2001	2001, No. 27
Proceeds of Crime Act 1996	1996, No. 30
Statute of Limitations 1957	1957, No. 6
Taxes Consolidation Act 1997	1997, No. 39

Number 1 of 2005

PROCEEDS OF CRIME (AMENDMENT) ACT 2005

REVISED

Updated to 30 July 2018

AN ACT TO MAKE FURTHER PROVISION IN RELATION TO THE RECOVERY AND DISPOSAL OF PROCEEDS OF CRIME AND FOR THAT PURPOSE TO AMEND THE PROCEEDS OF CRIME ACT 1996, THE CRIMINAL ASSETS BUREAU ACT 1996, THE CRIMINAL JUSTICE ACT 1994 AND THE PREVENTION OF CORRUPTION (AMENDMENT) ACT 2001. [12th February, 2005]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Revised Acts

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Proceeds of Crime (Amendment) Act 2005