Energy (Windfall Gains in the Energy Sector) (Cap on Market Revenues) Act 2023
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Prosecution by competent authority | ||
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31. (1) Summary proceedings for an offence under section 16 (6), 17 (2), 18 (5), 23 (6), 24 (8)(b) or 29 may be brought and prosecuted by the competent authority. | ||
(2) Where a person is convicted of an offence in proceedings brought by the competent authority the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the competent authority the costs and expenses, measured by the court, incurred by the competent authority in relation to the investigation, detection and prosecution of the offence. | ||
(3) Where a court imposes a fine on a person convicted of an offence referred to in subsection (1) brought and prosecuted by the competent authority it shall, on the application of the competent authority (made before the time of such imposition), provide by order for the payment of the amount of the fine to the competent authority as if the payment were due to the competent authority on foot of an order made by the court in civil proceedings. | ||
(4) The amount of any fine paid to, or recovered by the competent authority under subsection (3) shall be disposed of by the competent authority in such manner as the Minister for Finance directs. |