Criminal Justice (Money Laundering and Terrorist Financing) Act 2010
F196[Managers and beneficial owners of private members’ clubs to hold certificates of fitness
109A.— (1) An individual who—
(a) effectively directs a private members’ club at which gambling activities are carried on, or
(b) is a beneficial owner of a private members’ club at which gambling activities are carried on,
shall hold a certificate of fitness and probity (referred to in this section and sections 109B, 109C, 109D and 109E as a "certificate of fitness") granted by a Superintendent of the Garda Síochána or, as the case may be, by the Minister.
(2) An individual who fails to comply with subsection (1) 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.
(3) Where on the date that is 6 months from the coming into force of this section an individual has applied for a certificate of fitness, this section shall not apply to that individual until such time as the application, and any appeal in relation to the application, has been finally determined.]
Annotations
Amendments:
F196
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. A fine of €5,000 translates into a class A fine, not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.
F197
Substituted by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 4(1) and sch. 1 ref. no. 27, not commenced as of date of revision, subject to transitional provisions in ss. 13, 21.
Modifications (not altering text):
C14
Prospective affecting provision: subs. (1) amended by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 4(1) and sch. 1 ref. no. 27, not commenced as of date of revision, subject to transitional provisions in ss. 13, 21.
(1) ...
shall hold a certificate of fitness and probity (referred to in this section and sections 109B, 109C, 109D and 109E as a "certificate of fitness") granted by F197[an Inspector] of the Garda Síochána or, as the case may be, by the Minister.