Package Holidays and Travel Trade Act, 1995
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Proceedings. |
7.—(1) Summary proceedings in respect of an offence under any section of this Act may be brought and prosecuted by the Director. | |
(2) Summary proceedings in respect of an offence under section 21 or 26 may be brought and prosecuted by the Minister. | ||
(3) Nothwithstanding the provisions of section 10 (4) of the Petty Sessions (Ireland) Act, 1851 , summary proceedings for an offence under this Act may be commenced at any time within 12 months from the date on which the offence was committed. | ||
(4) (a) Where a judge of the District Court proposes to make an order for the release on bail of a defendant charged with an offence under this Act or the Act of 1982 who is ordinarily resident outside the State, the judge may (unless satisfied that all documents required by law to be served on the defendant in connection with or for the purpose of the charge or of any proceedings arising out of or connected with the charge can be duly served on the defendant in the State) direct that those documents may, in lieu of being served on the defendant, be served on a person specified in the direction who is ordinarily resident in the State. | ||
(b) Service of a document referred to in this subsection on a person specified in the direction shall be deemed for all purposes to be served on the defendant. | ||
(5) In the case of a person ordinarily resident, or a body corporate established, outside the State service of documents relating to the charge may be effected by being served either on the person to be charged or on a person being a nominated agent under section 10 (1) (i) or 14 (1) (h) (ii). | ||
(6) A body corporate may be sent forward for trial on indictment for an offence under section 21 , 22 (3) or 26 with or without recognisances. | ||
(7) Where a person is convicted of an offence under this Act, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the Minister or the Director, as the case may be, the costs and expenses, measured by the court, incurred by the Minister or the Director, as the case may be, in relation to the investigation, detection and prosecution of the offence. | ||
(8) The provisions of section 382 of the Companies Act, 1963 , shall extend to every body corporate (whether or not a company within the meaning of that Act) charged on indictment with an offence under section 21 , 22 (3) or 26 . |