Finance Act 2010

Amendment of section 119 (penalties for certain excise offences) of Finance Act 2001.

99.— Section 119 of the Finance Act 2001 is amended—

(a) in subsection (3) by substituting the following for paragraph (b):

“(b) on conviction on indictment, to a fine not exceeding—

(i) €126,970, or

(ii) where the value of the excisable products concerned, including any duty or tax chargeable thereon, is greater than €250,000, three times the value of those products,

or, at the discretion of the court, to imprisonment for a term not exceeding 5 years or to both the fine and the imprisonment.”,

and

(b) by inserting the following after subsection (3):

“(4) Section 13 of the Criminal Procedure Act 1967 shall apply in relation to an offence under this section as if, in place of the penalties specified in subsection (3) of that section, there were specified in that subsection the penalties provided for by subsection (3)(a) of this section, and the reference in subsection (2)(a) of section 13 of the Criminal Procedure Act 1967 to the penalties provided for in subsection (3) of that section shall be construed and apply accordingly.”.