Proceeds of Crime Act, 1996
|
Interpretation. |
1.—(1) In this Act, save where the context otherwise requires— | |
“the applicant” means a member or an authorised officer who has applied to the Court for the making of an interim order or an interlocutory order and, in relation to such an order that is in force, means any member or, as appropriate, any authorised officer; | ||
“authorised officer” means an officer of the Revenue Commissioners authorised in writing by the Revenue Commissioners to perform the functions conferred by this Act on authorised officers; | ||
“the Court” means the High Court; | ||
“dealing”, in relation to property in the possession or control of a person, includes— | ||
(a) where a debt is owed to that person, making a payment to any person in reduction of the amount of the debt, | ||
(b) removing the property from the State, and | ||
(c) in the case of money or other property held for the person by another person, paying or releasing or transferring it to the person or to any other person; | ||
“disposal order” means an order under section 4 ; | ||
“interest”, in relation to property, includes right; | ||
“interim order” means an order under section 2 ; | ||
“interlocutory order” means an order under section 3 ; | ||
“member” means a member of the Garda Síochána not below the rank of Chief Superintendent; | ||
“the Minister” means the Minister for Finance; | ||
“proceeds of crime” means any property obtained or received at any time (whether before or after the passing of this Act) by or as a result of or in connection with the commission of an offence; | ||
“property” includes money and all other property, real or personal, heritable or moveable, including choses in action and other intangible or incorporeal property and references to property shall be construed as including references to any interest in property; | ||
“the respondent” means a person in respect of whom an application for an interim order or an interlocutory order has been made or in respect of whom such an order has been made and includes any person who, but for this Act, would become entitled, on the death of the first-mentioned person, to any property to which such an order relates (being an order that is in force and is in respect of that person). | ||
(2) In this Act— | ||
(a) a reference to a section is a reference to a section of this Act unless it is indicated that reference to some other provision is intended, and | ||
(b) a reference to a subsection, paragraph or subparagraph is a reference to a subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and | ||
(c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment. |