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Number 1 of 2005
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PROCEEDS OF CRIME (AMENDMENT) ACT 2005
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ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section
1. Short title, collective citation and construction. 2. Interpretation. PART 2 Amendments to Principal Act 3. Amendment of section 1 (interpretation) of Principal Act. 4. Amendment of section 2 (interim order) of Principal Act. 5. Amendment of section 3 (interlocutory order) of Principal Act. 6. Amendment of section 4 (disposal order) of Principal Act. 7. New section 4A in Principal Act. 8. Amendment of section 6 (order in relation to property the subject of interim order or interlocutory order) of Prin- cipal Act. 9. Amendment of section 8 (evidence and proceedings under Act) of Principal Act. 10. Non-application to Principal Act of section 11(7) of Statute of Limitations 1957. 11. Amendment of section 9 (affidavit specifying property and income of respondent) of Principal Act. 12. New sections 16A and 16B in Principal Act. Page 2 2 [No. 1.] [2005.] Proceeds of Crime (Amendment) Act 2005 PART 3 Amendments to Act of 1996 Section 13. Amendment of section 1 (interpretation) of Act of 1996. 14. Amendment of section 4 (objectives of Bureau) of Act of 1996. 15. Amendment of section 5 (functions of Bureau) of Act of 1996. 16. Amendment of section 14 (search warrants) of Act of 1996. 17. Amendment of maximum amount of certain fines in Act of 1996. 18. New sections 14A, 14B and 14C in Act of 1996. PART 4 Amendments to Act of 1994 19. Amendment of Title to Part VI of Act of 1994. 20. Amendment of section 38 (seizure and detention) of Act of 1994. 21. Amendment of section 39 (forfeiture of seized cash) of Act of 1994. 22. Amendment of section 43 (interpretation of Part VI) of Act of 1994. PART 5 Amendments to Act of 2001 23. New sections 2A, 2B and 2C in Act of 2001. ———————— Acts Referred to Criminal Assets Bureau Act 1996 1996, No. 31 Criminal Justice Act 1994 1994, No. 15 Ethics in Public Office Act 1995 1995, No. 22 Local Government Act 2001 2001, No. 37 Official Secrets Act 1963 1963, No. 1 Prevention of Corruption Act 1906 6 Edw. 7. c. 34 Prevention of Corruption Acts 1889 to 2001 Prevention of Corruption (Amendment) Act 2001 2001, No. 27 Proceeds of Crime Act 1996 1996, No. 30 Statute of Limitations 1957 1957, No. 6 Taxes Consolidation Act 1997 1997, No. 39 Page 3 ———————— Number 1 of 2005 ———————— PROCEEDS OF CRIME (AMENDMENT) ACT 2005 ———————— AN ACT TO MAKE FURTHER PROVISION IN RELATION TO THE RECOVERY AND DISPOSAL OF PROCEEDS OF CRIME AND FOR THAT PURPOSE TO AMEND THE PROCEEDS OF CRIME ACT 1996, THE CRIMINAL ASSETS BUREAU ACT 1996, THE CRIMINAL JUSTICE ACT 1994 AND THE PREVENTION OF CORRUPTION (AMENDMENT) ACT 2001. [12th February, 2005] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART 1 Preliminary and General 1.—(1) This Act may be cited as the Proceeds of Crime (Amendment) Act 2005. (2) The Principal Act and Part 2 of this Act may be cited together as the Proceeds of Crime Acts 1996 and 2005. (3) The Act of 1996 and Part 3 of this Act may be cited together as the Criminal Assets Bureau Acts 1996 and 2005. (4) The Prevention of Corruption Acts 1889 to 2001 and Part 5 of this Act may be cited together as the Prevention of Corruption Acts 1889 to 2005. 2.—In this Act— “Act of 1994” means the Criminal Justice Act 1994; “Act of 1996” means the Criminal Assets Bureau Act 1996; “Act of 2001” means the Prevention of Corruption (Amendment) Act 2001; “Principal Act” means the Proceeds of Crime Act 1996. 3 Short title, collective citation and construction. Interpretation. Page 4 Amendment of section 1 (interpretation) of Principal Act. 4 [No.