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Amendment of section 31A of Act of 1947
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3. Section 31A of the Act of 1947 is amended—
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(a) by the insertion of the following subsection after subsection (6E):
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“(6F) In any prosecution for an offence under this section in respect of which a person is seeking to rely on a defence of reasonable excuse, it shall be for the person, for that purpose, to adduce evidence of the existence of such reasonable excuse in respect of the offence concerned.”,
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(b) in subsection (12), by the substitution of the following paragraph for paragraph (a):
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“(a) Subject to paragraph (b), a person guilty of an offence under this section is liable on summary conviction—
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(i) in the case of a first such offence, to a fine not exceeding €4,000 or imprisonment for a term not exceeding one month or both,
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(ii) in the case of a second such offence, to a fine not exceeding €4,500 or imprisonment for a term not exceeding 3 months or both, and
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(iii) in the case of a third or subsequent such offence, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 6 months or both.”,
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and
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(c) in subsection (17), by the substitution of “sections 31B, 38A, 38B, 38C, 38D, 38E, 38F and 38G” for “section 31B and section 38A”.
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