Transport (Tour Operators and Travel Agents) Act, 1982
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PART V Miscellaneous | ||
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Offences and penalties. |
20.—(1) Any person who carries on business, or holds himself out as carrying on business, as a tour operator in contravention of section 4 of this Act, or as a travel agent in contravention of section 5 of this Act, shall be guilty of an offence and shall be liable, on conviction on indictment, to a fine not exceeding £100,000 or, at the discretion of the court, to imprisonment for a term not exceeding 5 years, or to both the fine and the imprisonment. | |
(2) Any person who obstructs or impedes a person authorised by the Minister in the exercise of the powers conferred on him by section 11 of this Act, shall be guilty of an offence and shall be liable on conviction on indictment to a fine not exceeding £10,000 or, at the discretion of the court, to imprisonment for a term not exceeding 2 years or, to both such fine and imprisonment. | ||
(3) Any person who, for the purpose of obtaining for himself or for any other person, a licence under this Act, makes a statement which he knows to be false, or who recklessly makes a statement which is false in a material particular shall be guilty of an offence and shall be liable on conviction on indictment to a fine not exceeding £5,000 or, at the discretion of the court, to imprisonment for a term not exceeding 2 years, or to both the fine and the imprisonment. | ||
(4) A Justice of the District Court shall have jurisdiction to try summarily an offence under this section if— | ||
(a) that Justice is of opinion that the facts proved or alleged against a defendant charged with such an offence constitute a minor offence fit to be tried summarily, | ||
(b) the Director of Public Prosecutions consents, and | ||
(c) the defendant (on being informed by the Justice of his right to be tried by a jury) does not object to being tried summarily, | ||
and, upon conviction under this subsection, the said defendant shall be liable to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for a term not exceeding 12 months, or to both the fine and the imprisonment. | ||
(5) Section 13 of the Criminal Procedure Act, 1967 , shall apply in relation to an offence under this section as if, in lieu of the penalties specified in subsection (3) of the said section 13, there were specified therein the penalty provided for in this section, and the reference in subsection (2) (a) of the said section 13 to the penalties provided for in the said subsection (3) shall be construed and have effect accordingly. |