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Version status: Revoked | Document consolidation status: Updated to reflect all known changes
Version date: 3 July 2016 - onwards
  Version 3 of 3    

Regulation 46 Person not liable to be penalised twice for same contravention

Revoked from 3 July 2016

(1) Where -

(a) a sanction referred to in Regulation 41(c) is to be imposed on the assessee by virtue of an order obtained under Regulation 40(4)(a) or 44(2)(a), and

(b) the acts which constitute the prescribed contravention to which the sanction relates also constitute an offence under a law of the State,

then the assessee is not, in respect of those acts, liable to be prosecuted or punished for that offence under that law.

(2) A sanction referred to in Regulation 41(c) in respect of a prescribed contravention shall not be imposed on the assessee where -

(a) the assessee has been found guilty or not guilty of having committed an offence under a provision of -

(i) these Regulations, or

(ii) Part 4 of the Investment Funds, Companies and Miscellaneous Pensions 2005 Act, and

(b) all or some of the acts constituting that offence also constitute the prescribed contravention.

Comparing proposed amendment...