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48. Considerations relevant to imposition of sanctions

This format of the bill is taken from the text of stage 5 published on 1 March 2023 by Seanad Éireann

Part IIIC of the Act of 1942 is amended by the insertion of the following section after section 33AR:

"33ARA.

(1) In determining under section 33AQ or 33AR whether to impose a sanction on a natural person, what sanction to impose on a natural person, or the level of any monetary penalty to be imposed on a natural person, the Bank shall have regard, together with any other relevant considerations, to any of the following that appear to it to be relevant:

(a) any consideration affecting the seriousness of the prescribed contravention concerned, including -

(i) the person's seniority and level of responsibility, and the nature of any role performed by the person, at the time of the person's commission of or participation in the prescribed contravention,

(ii) the extent to which the person's conduct in committing or participating in the prescribed contravention departs from any standard to which the person is subject,

(iii) whether the person's conduct was intentional, negligent, or dishon

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