Criminal Justice (Corruption Offences) Act 2018
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Interpretation | ||
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2. (1) In this Act— | ||
“company” means a company formed and registered under the Companies Act 2014 or an existing company within the meaning of that Act; | ||
“consideration” includes valuable consideration of any kind; | ||
“corruptly” includes acting with an improper purpose personally or by influencing another person, whether— | ||
(a) by means of making a false or misleading statement, | ||
(b) by means of withholding, concealing, altering or destroying a document or other information, or | ||
(c) by other means; | ||
“court”— | ||
(a) in relation to the State, includes a court-martial, and | ||
(b) in relation to any other state, includes a military court by whatever name called; | ||
“director” means— | ||
(a) in relation to a company, a director within the meaning of the Companies Act 2014 , and | ||
(b) in the case of an Irish public body that is not a company, a person who is a member of the body or a member of a board by whatever name called that controls, manages or administers the body; | ||
“enactment” means a statute or an instrument made under a power conferred by statute; | ||
“foreign official” means— | ||
(a) a member of the government of any other state, | ||
(b) a member of a parliament, regional or national, of any other state, | ||
(c) a member of the European Parliament other than a person who is such a member by virtue of the European Parliament Elections Act 1997 , | ||
(d) a member of the Court of Auditors of the European Union, | ||
(e) a member of the European Commission, | ||
(f) a public prosecutor in any other state, | ||
(g) a judge of a court in any other state, including a coroner’s court by whatever name called, | ||
(h) a judge of a court established under an international agreement to which the State is a party, | ||
(i) a member of a jury in court proceedings (whether criminal or civil), including an inquest in relation to the death of a person, in any other state, | ||
(j) an arbitrator, including any member of an arbitral board, panel or tribunal, in arbitral proceedings not governed by the law of the State, | ||
(k) a member of, or any other person employed by, or acting for or on behalf of, an organisation or body established under an international agreement to which the State is a party, | ||
(l) any other person employed by or acting on behalf of the public administration of any other state, including a person under the direct or indirect control of the government of such a state, or | ||
(m) a member of, or any other person employed by, or acting for or on behalf of, an international organisation established by an international agreement between states to which the State is not a party; | ||
“Irish official” means— | ||
(a) a member of Dáil Éireann, | ||
(b) a member of Seanad Éireann, | ||
(c) a member of the European Parliament who is such a member by virtue of the European Parliament Elections Act 1997 , | ||
(d) the Attorney General, | ||
(e) the Comptroller and Auditor General, | ||
(f) the Director of Public Prosecutions, | ||
(g) a judge of a court in the State, | ||
(h) an arbitrator, including any member of an arbitral board, panel or tribunal, in arbitral proceedings governed by the law of the State, | ||
(i) a member of a jury in court proceedings (whether civil or criminal) in the State or in an inquest held under the Coroners Act 1962 , | ||
(j) an officer, director, employee or member of an Irish public body (including a member of a local authority), | ||
(k) any other office holder appointed under an enactment who is remunerated out of moneys provided by the Oireachtas and who is independent in the performance of the functions of that office, or | ||
(l) any other person employed by or acting for or on behalf of the public administration of the State; | ||
“Irish public body” shall be construed in accordance with Schedule 1 ; | ||
“local authority” means a county, city or city and county council within the meaning of section 2 of the Local Government Act 2001 ; | ||
“Minister” means the Minister for Justice and Equality; | ||
“official” means an Irish official or a foreign official; | ||
“prescribed” means prescribed by regulations made by the Minister under section 3 ; | ||
“seized property” shall be construed in accordance with section 20 ; | ||
“state”, in relation to a state other than the State, includes— | ||
(a) a territory, whether in the state or outside it, for whose external relations the state or its government is wholly or partly responsible, | ||
(b) a subdivision of the government of the state, and | ||
(c) a national, regional or local entity of the state; | ||
“subsidiary” has the meaning it has in section 7 of the Companies Act 2014 . | ||
(2) A reference in this Act to an act includes a reference to an omission and a reference in this Act to the commission or doing of an act includes a reference to the making of an omission. |