Additional or alternative penalties for prohibited persons
89 Additional or alternative penalties for prohibited persons
S. 89 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).
If—
a prohibited person who is a natural person commits an offence against section 45, 46 or 47; and
the permission activity that was the subject of the offence is prescribed for the purposes of this section—
a court may impose a penalty of up to 2 years imprisonment in addition to, or in place of, the penalty included in section 45, 46 or 47.
If, as the result of the operation of Part 11.8, a person who is an officer of a body corporate commits an offence against section 45, 46 or 47, a sentence of imprisonment must not be imposed under subsection (1) on the officer in respect of a conviction or finding of guilt in respect of that offence unless the body corporate was prohibited from engaging in the prescribed activity that was the subject of the offence because the officer is a prohibited person referred to in section 88(1)(a), (b), (c) or (d).
This Act’s bill:Explanatory memorandumSecond reading speech
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