Public Health (Tobacco Products and Nicotine Inhaling Products) Act 2023
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PART 5 Penalties and Proceedings | ||
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Penalties | ||
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35. (1) A person guilty of an offence under section 11 (9), 25 , 27 (3) or 28 (2), shall be liable— | ||
(a) on summary conviction— | ||
(i) in the case of a first offence, to a class B fine or to imprisonment for a term not exceeding 6 months or to both, or | ||
(ii) in the case of any subsequent offence, to a class A fine or to imprisonment for a term not exceeding 12 months or to both, | ||
and | ||
(b) on conviction on indictment to a fine not exceeding €500,000 or to imprisonment for a term not exceeding 3 years or to both. | ||
(2) A person guilty of an offence under section 43(1) of the Act of 2002 or section 22 (3), 24 (2), 26 (3), 29 (2), 30 (2), 31 or 32 shall be liable on summary conviction— | ||
(a) in the case of a first offence, to a class B fine or to imprisonment for a term not exceeding 6 months or to both, and | ||
(b) in the case of any subsequent offence, to a class A fine or to imprisonment for a term not exceeding 12 months or to both. | ||
(3) Where a person is convicted of an offence under this Act, the court shall, unless it is satisfied that there are special and substantial reasons for not doing so, order the person to pay to the Executive the costs and expenses, measured by the court, incurred by the Executive in relation to the investigation, detection and prosecution of the offence. |