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Amendment of section 109 of Act of 2008
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53. Section 109 of the Act of 2008 is amended by the insertion of the following subsections after subsection (1A):
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“(1B) Without prejudice to section 94K, the generality of subsection (1) and subject to the provisions of this Act concerning particular requests, regulations (in this Act referred to as the ‘Part 7B Regulations’) may be made by the Minister for the purposes of Part 7B and in particular such regulations may make provision for—
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(a) the limitations, restrictions or conditions applicable to EPPO requests,
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(b) the form of EPPO requests and the information such requests are to provide,
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(c) the action that may be taken where the information provided is not sufficient to enable the request to be dealt with,
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(d) without prejudice to section 3, the grounds for refusal of EPPO requests,
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(e) the requirements relating to the protection, disclosure, use or transmission of information or evidence received under EPPO requests,
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(f) the formalities and procedures in dealing with EPPO requests, and
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(g) the transmission and mode of transmission of EPPO requests, including, transmission via the International Criminal Police Organisation (Interpol) in urgent cases.
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(1C) Regulations under subsection (1B) may be made by the Minister for the purposes of requests by the State to EPPO and paragraphs (a) to (g) of subsection (1B) shall apply mutatis mutandis to such requests.”.
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