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Section
(1)
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Extent of Amendment
(2)
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35.
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The following subsection is substituted for subsection (1):
“(1) If any person buys, sells, exposes for sale or has in his possession any salmon or trout unlawfully captured such person shall be guilty of an offence against this Act and shall be liable—
(a) on summary conviction, to a fine (not exceeding in all €4,000) not exceeding €1,500 together with an amount not exceeding €250 for each salmon and €100 for each trout in respect of which the offence was committed or to imprisonment for a term not exceeding 6 months, or to both, or
(b) on conviction on indictment, to a fine not exceeding €10,000 or to imprisonment for a term not exceeding 2 years, or to both.”.
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41.
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The following subsection is substituted for subsection (4):
“(4) Every person guilty of an offence under this section shall be liable—
(a) on summary conviction, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months, or to both, or
(b) on conviction on indictment, to a fine not exceeding €10,000 or to imprisonment for a term not exceeding 2 years, or to both.”.
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43.
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The following subsection is substituted for subsection (4):
“(4) (a) Every person guilty of an offence under subsection (1) or (2) of this section shall be liable, on summary conviction, to a fine not exceeding €4,000 or to imprisonment for a term not exceeding 6 months, or to both.
(b) Every person guilty of an offence under subsection (3A) of this section shall be liable—
(i) on summary conviction, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months, or to both, or
(ii) on conviction on indictment, to a fine not exceeding €10,000 or to imprisonment for a term not exceeding 2 years, or to both.’’.
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49.
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The following subsection is substituted for subsection (1):
“(1) Every person who at any time unlawfully takes, kills, destroys, buys, sells, exposes for sale or has in his custody or control any unclean or unseasonable salmon or trout shall be guilty of an offence against this Act and shall be liable—
(a) on summary conviction, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months, or to both, or
(b) on conviction on indictment, to a fine not exceeding €10,000 or to imprisonment for a term not exceeding 2 years, or to both.”.
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52A.
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The following subsection is substituted for subsection (2):
“(2) Every person guilty of an offence under this section shall be liable—
(a) on summary conviction, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months, or to both, or
(b) on conviction on indictment, to a fine not exceeding €10,000 or to imprisonment for a term not exceeding 2 years, or to both.”.
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67.
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The following section is substituted for section 67:
“Penalty for assaulting or obstructing authorised persons.
67.—If any person assaults, obstructs or impedes any person exercising any power conferred by this Part, he shall be guilty of an offence against this Act and shall be liable on summary conviction to a fine not exceeding €4,000 or to imprisonment for a term not exceeding 6 months, or to both.”.
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69.
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The following section is substituted for section 69:
“Penalties for offences.
69.—Any person who commits an offence against this Act for which a penalty is not provided by any other provision of this Act shall be liable on summary conviction to a fine not exceeding €4,000.”.
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83.
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The following subsection is substituted for subsection (3):
“(3) If any person—
(a) on being duly summoned to attend as a witness at an inquiry makes default in attending, or
(b) being in attendance, refuses to take an oath which he is lawfully required to take, or to produce any document in his power or control which he is lawfully required to produce, or to answer any question which he is lawfully required to answer,
he shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding €1,500.”.
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