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Offences under section 36
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61. Section 36 of the Act of 2013 is amended—
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(a) in subsection (4), by substituting for paragraph (b) the following:
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“(b) to which this paragraph applies, commits an offence and is liable—
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(i) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months, or to both, or
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(ii) on conviction on indictment, to a fine not exceeding €250,000 or to imprisonment for a term not exceeding 5 years, or to both.”,
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(b) by inserting after subsection (4) the following:
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“(4A) A person who contravenes or fails to comply with a provision of an instrument to which section 75 refers commits an offence and is liable—
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(a) on summary conviction, to a class A fine, or to imprisonment for a term not exceeding 6 months, or to both, or
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(b) on conviction on indictment, to a fine not exceeding €250,000 or to imprisonment for a term not exceeding 5 years, or to both.”,
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and
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(c) by inserting after subsection (6) the following:
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“(7) In proceedings for an offence under this section for a contravention of or failure to comply with animal health and welfare regulations in respect of the matters set out in paragraph 14B or 47 of Schedule 3, a certificate purporting to be signed by a person employed in connection with an animal identification database or an animal tracing system stating the capacity in which the person is employed and stating that on a particular day or days, or during a particular period—
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(a) specified information required to be submitted—
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(i) was received, or
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(ii) by a named person was not received,
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and
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(b) the information received and specified in the certificate is a legible copy of information stored in the system,
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is, until the contrary is shown, sufficient evidence of the facts stated in the certificate.”.
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