Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
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Continuing offences | ||
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178. (1) A person guilty of an offence under section 175 for a contravention of section 27 (1), 30 , 116 (2), 128 (2) or 129 (2) shall, on each day on which, after having been convicted of that offence, he or she continues to contravene that section, be guilty of a further offence and for each such further offence shall be liable— | ||
(a) on summary conviction, to a class A fine, or | ||
(b) on conviction on indictment, to a fine not exceeding €50,000. | ||
(2) A person guilty of an offence under section 175 for a contravention of section 148 (1), (2) or (4), 159 (2) or 174 shall, on each day on which, after having been convicted of that offence, he or she continues to contravene that section, be guilty of a further offence and for each such further offence shall be liable— | ||
(a) on summary conviction, to a class E fine, or | ||
(b) in the case of an offence under section 175 for a contravention of section 148 (1) or 174 , on conviction on indictment, to a fine not exceeding €10,000. | ||
(3) Notwithstanding that an offence under section 175 for a contravention of a relevant section is committed by a person by reason of a failure to do the act referred to in the relevant section within the period fixed by the relevant section for the purpose, the offence shall, after the conviction of the person for such offence, be deemed to continue on each day (in this section referred to as “daily further offence”) subsequent to the day of such conviction until the day on which that act is done. | ||
(4) A person guilty of one or more than one daily further offence shall be liable, for each daily further offence on summary conviction, to a class E fine. | ||
(5) In subsection (3), “relevant section” means section 13 (2)(b), 101 (2)(b), 139 (1)(a) or (b), (2)(b) or (3)(a), 142 (1)(a) or (b) or (2)(b) or 217 (2). |