Seanad debates

Wednesday, 7 May 2014

Friendly Societies and Industrial and Provident Societies (Miscellaneous Provisions) Bill 2013: Committee Stage (Resumed)

 

Government amendment No. 4: In page 14, before line 1, to insert the following: “Offences 24. (1) In this section, “Act” means the Act of 1990 as applied by this Act.(2) (a) An examiner who without reasonable excuse fails to comply with subsection (6) of section 11 of the Act shall be guilty of an offence and shall be liable, on summary conviction, to a class A fine. (b) A person who fails to comply with section 12 of the Act shall be guilty of an offence and shall be liable, on summary conviction, to a class A fine. (c) A person who acts as an examiner of a registered society while disqualified under section 28 of the Act shall be guilty of an offence and shall be liable—(i) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or to both, and (ii) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years, or to both. (d) Where a person fails to comply with section 30 of the Act, that person and, where that person is a registered society, the registered society and any officer of it who is in default, shall be guilty of an offence and shall be liable, on summary conviction, to a class A fine.(3) The Court in which a conviction for an offence under this section is recorded or affirmed may order that the person convicted shall remedy the breach of this section in respect of which that person was convicted. (4) Summary proceedings for an offence under this section may be brought and prosecuted by the registrar of friendly societies.”.

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