Harbours Act, 1996
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Penalties and proceedings. |
6.—(1) A person guilty of an offence under section 13 (6), 32 , 33 , 46 , 50 , 52 , 53 , 54 , 60 , 73 , 75 or 77 shall be liable— | |
(a) on summary conviction, to a fine not exceeding £1,500 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 2 years or both. | ||
(2) A person guilty of an offence under section 13 (2), 42 , 47 , 48 , 49 , 61 , 66 , 71 , 76 , 78 , 89 (2) or 92 (10) shall be liable, on summary conviction, to a fine not exceeding £1,500 or imprisonment for a term not exceeding 12 months or both. | ||
(3) (a) On conviction of a person on indictment for an offence to which subsection (1) relates the Court may, in addition to any other penalty, order any apparatus, equipment or other thing used to commit the offence to be forfeited. | ||
(b) An order under this subsection shall not take effect until the ordinary time for instituting an appeal against the conviction or order concerned has expired or, where such an appeal is instituted, until it or any further appeal is finally decided or abandoned or the ordinary time for instituting any further appeal has expired. | ||
(4) Where an offence under this Act is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a person being a director, manager, secretary or other officer of that body corporate, or a person who was purporting to act in that capacity, that person shall also be guilty of an offence and be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence. | ||
(5) (a) Summary proceedings for an offence under this Act may be brought and prosecuted by the company to which the offence relates or in whose harbour or pilotage district the offence has been committed. | ||
(b) Without prejudice to paragraph (a), summary proceedings for an offence under section 33 may be brought and prosecuted by the Minister. | ||
(6) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851 , summary proceedings for an offence under this Act may be instituted within 12 months from the date of the offence. |