43. (1) A person who owns or operates the third-party CCTV that is specified in an authorisation granted under and in accordance with section 40, or varied or renewed under section 41, or in an approval granted under section 42, or varied under that section, shall comply with the terms of the authorisation or the approval as the case may be.

(2) A person referred to in subsection (1) who fails to comply with an authorisation granted under and in accordance with section 40, or varied or renewed under section 41, or an approval granted under section 42 shall be guilty of an offence.

(3) A person who, without lawful authority or reasonable excuse, knowingly does any of the following:

(a) falsifies, conceals, destroys or otherwise disposes of information (including visual or audio information) gathered by CCTV to which this Part relates;

(b) permits the falsification, concealment, destruction or disposal of the information;

(c) causes damage to or destroys the CCTV or part thereof;

(d) permits damage to, or the destruction of, the CCTV or part thereof,

for the purpose of making that information, any document derived therefrom or the CCTV or part thereof unavailable as evidence, shall be guilty of an offence.

(4) A person who induces, coerces or requests, without lawful authority or reasonable excuse, a member of Garda personnel to commit an offence under subsection (3) shall be guilty of an offence.

(5) A person guilty of an offence under subsection (2) shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both.

(6) A person guilty of an offence under subsection (3) or (4) 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 or imprisonment for a term not exceeding 5 years or both.