5.— (1) A person who commits an offence under section 83(6) or paragraph 13(2) of Schedule 1 shall be liable on summary conviction to a class A fine.

(2) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, proceedings for an offence under section 83(6) or paragraph 13(2) of Schedule 1 may be instituted within 12 months from the date of the offence.

(3) A person who commits an offence under this Act, other than an offence referred to in subsection (1), shall be liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine not exceeding €100,000 or imprisonment for a term not exceeding 5 years or both.

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

(5) Summary proceedings for an offence under this Act may be brought and prosecuted by the Authority.