Criminal Justice (Theft and Fraud Offences) (Amendment) Act 2021

Amendment of section 45 of Principal Act

6. Section 45 of the Principal Act is amended—

(a) by the substitution of the following subsection for subsection (1):

“(1) An Irish citizen who engages in conduct in a place outside the State that, if engaged in in the State, would constitute an offence under section 42, 42A or 42B, or would constitute an offence of inciting, aiding and abetting, or attempting the commission of such an offence, shall be guilty of an offence.”,

(b) by the insertion of the following subsection:

“(1A) A—

(a) company formed and registered under the Companies Act 2014 , an existing company within the meaning of that Act, or any other body corporate established under the law of the State, or

(b) person who has had his or her principal residence in the State for the period of 12 months immediately preceding the doing of the act concerned,

who engages in conduct in a place outside the State that, if done in the State, would constitute—

(i) an offence under section 42, 42A or 42B, or

(ii) an offence of inciting, aiding and abetting, or attempting the commission of an offence referred to in paragraph (i),

shall be guilty of an offence.”,

and

(c) by the substitution of the following subsection for subsection (3):

“(3) A person guilty of an offence under this section is liable on conviction to the penalty to which the person would have been liable had the person engaged in the conduct that constitutes the offence in the State.”.