Criminal Justice (Corruption Offences) Act 2018
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Presumption of corrupt donation | ||
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15. (1) Where, in any proceedings against a person to whom this section applies by virtue of subsection (2) (in this subsection referred to as the “person concerned”) for an offence under section 5 , 6 , 7 or 8 , it is proved that— | ||
(a) the person concerned received a donation— | ||
(i) exceeding in value the relevant amount specified in section 23A(1) of the Act of 1997 or section 19B(1) of the Act of 1999, as may be appropriate, or | ||
(ii) of a type specified in section 23A(2), 23AA(1) or 24A(2) of the Act of 1997 or section 19B(2) or 19BB(1) of the Act of 1999, as may be appropriate, | ||
(b) the person concerned failed to— | ||
(i) return the donation or the part of the donation exceeding the limit concerned to the donor in accordance with whichever section of the Act of 1997 or the Act of 1999, as the case may be, is appropriate, or | ||
(ii) notify the Standards in Public Office Commission or the local authority concerned of the receipt of the donation and remit the donation or the part of it exceeding the limit concerned or the value thereof to the Standards in Public Office Commission or that local authority in accordance with whichever section of the Act of 1997 or the Act of 1999, as the case may be, is appropriate, | ||
and | ||
(c) the donor had an interest in the person concerned doing an act in relation to his or her office, employment, position or business, | ||
the donation shall be presumed to have been given and received corruptly as an inducement to, or reward for, or otherwise on account of, the person concerned doing an act in relation to his or her office, employment, position or business, unless the contrary is proved. | ||
(2) This section applies to a person who was— | ||
(a) a member of Dáil Éireann, | ||
(b) a member of Seanad Éireann, | ||
(c) a member of the European Parliament who is such a member by virtue of the European Parliament Elections Act 1997 , or | ||
(d) a member of a local authority, | ||
at the time of the alleged commission of the offence concerned. | ||
(3) In this section— | ||
“Act of 1997” means the Electoral Act 1997 ; | ||
“Act of 1999” means the Local Elections (Disclosure of Donations and Expenditure) Act 1999 ; | ||
“donation”— | ||
(a) in relation to a person referred to in paragraph (a), (b) or (c) of subsection (2), has the meaning it has in section 22 of the Act of 1997, and | ||
(b) in relation to a person referred to in paragraph (d) of subsection (2), has the meaning it has in section 2 of the Act of 1999; | ||
“donor” means the person who makes a donation or on whose behalf a donation is made and includes a corporate donor within the meaning of section 22(2)(aa) of the Act of 1997 or section 19A of the Act of 1999, as the case may be. |