Prosecutions under this Act
8 Prosecutions under this Act
In a proceeding for an offence against this Act—
it is sufficient to allege that a shop is a shop for the purposes of this Act without further allegation;
it is sufficient to state the name of the ostensible occupier of any premises or the name or title by which the occupier is usually known;
S. 8(1)(c) amended by No. 68/2009 s. 97(Sch. item 113).
the onus of proof that a person named in a charge is not an occupier of the premises is on the accused;
it is not a defence that the occupier of a shop was not in the State when the alleged offence was committed;
a shop is deemed not to have been closed at a time at which it is proved that—
goods were sold or offered or exposed for sale at the shop; or
goods were available for inspection by persons within the shop; or
S. 8(1)(e)(iii) repealed by No. 112/2003 s. 7(1)(a).
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goods that had previously been sold or ordered were delivered or were available for delivery at the shop to the person who bought or ordered them or to some other person on behalf of that person; or
S. 8(1)(e)(v) amended by No. 112/2003 s. 7(1)(b).
orders for goods were received by a person in attendance at the shop.
S. 8(2) repealed by No. 13/2013 s. 37.
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If in a proceeding for an offence against this Act it is necessary to establish the intention of a body corporate, it is sufficient to show that an officer of the body corporate had that intention.
S. 8A inserted by No. 13/2013 s. 38.
This Act’s bill:Second reading speech
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