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Offenses without specified penalties

  • 22-02-2006 4:01pm
    #1
    Victor
    Registered Users, Registered Users 2 Posts: 78,574 ✭✭✭✭


    ROADS ACT, 1993 SECTION 64

    http://193.178.1.79/ZZA14Y1993S63.html
    64.—(1) A person who is liable to pay a toll and who fails, neglects or refuses to pay the toll shall be guilty of an offence.

    (2) A person who fails, neglects or refuses to obey a lawful instruction or direction of a person authorised by a road authority to operate and manage a toll road shall be guilty of an offence.

    (3) A person who contravenes a bye-law made under section 61 shall be guilty of an offence.

    But then it doesn't specify what the penalty is for committing and offence, whereas most acts would? While there may be something somewhere* to specify a penalty, it isn't very obvious.

    * e.g. LOCAL GOVERNMENT (TOLL ROADS) ACT, 1979 http://193.178.1.79/ZZA34Y1979S7.html


Comments

  • #2
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,773 Admin ✭✭✭✭✭hullaballoo


    Presumably the hearings by which people are prosecuted under this act are held in the district court and are summary hearings rather than indictment hearing. Thus, I'd say that the penalties are decided by the judge based on the guidelines in place for him. It does seem odd though. Maybe it's in another act (although it doesn't appear to be an amending act)!?


  • #3
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    Victor wrote:
    ROADS ACT, 1993 SECTION 64

    http://193.178.1.79/ZZA14Y1993S63.html



    But then it doesn't specify what the penalty is for committing and offence, whereas most acts would? While there may be something somewhere* to specify a penalty, it isn't very obvious.

    * e.g. LOCAL GOVERNMENT (TOLL ROADS) ACT, 1979 http://193.178.1.79/ZZA34Y1979S7.html

    Gah, that looks like a woeful drafting error, the only way i could see it is if they specified the penalty in subsequent legislation (in which case why mention the offence in this act at all), or else set the penalty by ministerial regulation though I'm fairly sure this would be unconstitutional as per Citywest Printers v. AnCo


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