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Amendment of section 44 (unlawful hunting or entry on land and other miscellaneous matters) of Principal Act.
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50.—Section 44 of the Principal Act is hereby amended—
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(a) by the substitution of the following for paragraph (c) of subsection (1):
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“(c) carries on the land—
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(i) any firearm, or
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(ii) any net, or other weapon, instrument or device capable of being used for hunting a wild bird or a wild animal,
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or”,
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(b) in subsection (2), by the insertion of the following after paragraph (b):
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“(bb) an authorised person or a member of the Garda Síochána,”,
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(c) by the insertion of the following after subsection (2):
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“(2A) An authorised person or a member of the Garda Síochána in exercising a power under subsection (2) of this section may size any firearm, other weapon or device or part thereof.”,
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(d) by the substitution of the following for subsection (7):
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“(7) In any proceedings for an offence under this section it shall not be necessary for the prosecutor to prove that, at the time of the offence, a defendant—
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(a) was on the land without lawful authority, or
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(b) was not the owner or occupier of the land,
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and in case a defendant claims that he was on the land with lawful authority or is either the owner or occupier of the land, the onus of proving such authority, or that he is the owner or occupier of the land, shall be on the defendant.”.
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