Social Welfare (Consolidation) Act, 1993

Provisions relating to prosecutions.

[1988, s. 20(1)]

224.—(1) Proceedings for an offence under this Act shall not be instituted except by or with the consent of the Minister or by an officer authorised in that behalf by special or general directions of the Minister.

[1988, s. 20(2)]

(2) A prosecution for a summary offence under this Act may be brought at the suit of the Minister.

[1988, s. 20(3)]

(3) Notwithstanding the provisions of subsection (1) or any provision in any enactment specifying the period within which proceedings may be commenced, a prosecution for a summary offence under this Act may be brought at any time within whichever of the following periods later expires—

(a) the period of 6 months commencing on the date on which evidence sufficient to justify the institution of that prosecution came into the possession of the Minister, or

(b) the period of 2 years commencing on the date on which the offence was committed.

[1988, s. 20(4)]

(4) For the purposes of subsection (3), a certificate, sealed with the official seal of the Minister, as to the date on which such evidence as aforesaid came into his possession shall be sufficient evidence thereof until the contrary is shown.

[1988, s. 20(5)]

(5) Where in a prosecution for an offence under this Act it is shown to the satisfaction of the court—

(a) that an application has been made by a person (in this section referred to as “the defendant”) for any benefit, and

(b) that as a result of that application any such benefit has been paid to any person (whether or not such benefit was that applied for and whether or not it was paid to the defendant),

the defendant shall be presumed to have given any information contained in the application (or to have caused it to be given on his behalf) and, where such information is false, with full knowledge of such falsity and with intent that it should deceive; but this presumption may be rebutted.

[1988, s. 20(6)]

(6) For the purpose of the institution of proceedings under this Act a certificate, purporting to be given by an officer of the Minister authorised in that behalf by the Minister and to be signed by that officer, certifying the following facts, namely, that a person is an officer of the Minister and that he has been authorised under a special or general direction of the Minister to institute such proceedings, or that the Minister has consented to the institution of such proceedings, shall be sufficient evidence in any legal proceedings of the matters certified in the certificate, until the contrary is shown.

[1981, s. 15(4)]

(7) (a) In proceedings instituted by virtue of section 14, a certificate purporting to be signed by the Collector-General which certifies that a stated amount is due and payable by the defendant shall be evidence until the contrary is proved that that amount is due and payable, and when tendered in evidence shall be deemed until the contrary is proved to have been signed by him.

(b) For the purposes of this subsection, the rules of the court concerned for the time being applicable to civil proceedings shall apply to proceedings by virtue of section 14.