First Previous (PART V Protection of Information)

21 1993

STATISTICS ACT, 1993

PART VI

Offences, Penalties and Evidence

Non-provision of required information.

36. —Any person who fails or refuses to provide any requested information in response to a direction from the Director General under section 26 or 27 of this Act pursuant to a requirement made under section 25 of this Act shall be guilty of an offence.

Prevention of access.

37. —Any person who prevents an officer of statistics from carrying out his duties as allowed under section 29 of this Act shall be guilty of an offence.

Misuse of information.

38. —Any person who uses information furnished under this Act or the repealed enactments in contravention of section 32 of this Act or wilfully discloses information relating to any identifiable person or undertaking in contravention of section 33 of this Act shall be guilty of an offence.

Abuse of office by an officer of statistics.

39. —Any officer of statistics who in the pretended performance of his functions as such officer obtains or attempts to obtain by any means from any person on any occasion any information which he is not lawfully entitled to obtain by that means from that person on that occasion shall be guilty of an offence.

Obstruction of Director General or officers of statistics.

40. —Any person who wilfully obstructs the Director General or an officer of statistics in the exercise of his functions under this Act shall be guilty of an offence.

Impersonation of an officer of statistics.

41. —Any person not being an officer of statistics who represents himself as being an officer of statistics shall be guilty of an offence.

Protection of documents.

42. —(1) Any person who wilfully destroys, damages or falsifies any document or record issued for the collection of statistics in compliance with a requirement made under section 25 of this Act shall be guilty of an offence.

(2) Any officer of statistics who fails to keep any document or record in his custody, containing information collected under this Act, in such manner as to ensure that unauthorised persons will not have access thereto shall be guilty of an offence.

(3) Any officer of statistics who wilfully fails to return to the Office a document or record collected from any person or undertaking under this Act shall be guilty of an offence.

Furnishing false information.

43. —A person who, in purported compliance with any requirement or direction under this Act, provides information, makes a statement written or oral or produces or delivers any document false in a material particular, knowing it to be false, shall be guilty of an offence.

Penalties.

44. —(1) A person guilty of an offence under any provision of this Act shall be liable—

(a) on summary conviction to a fine not exceeding £1,000, or

(b) on conviction on indictment, to a fine not exceeding £20,000.

(2) Where a person is convicted of an offence under section 36 of this Act he shall, if the contravention continues after conviction, be guilty of an offence on every day on which it continues and for each such offence he shall be liable—

(a) on summary conviction to a fine not exceeding £50, or

(b) on conviction on indictment to a fine not exceeding £1,000.

(3) Summary proceedings in relation to an offence under this Act may be brought and prosecuted by the Director General or an officer of statistics.

(4) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this Act may be instituted within two years from the date of the offence.

Statistical evidence in legal proceedings.

45. Prima facie evidence of any official statistics may be given in all legal proceedings by the production of a document purporting to contain such statistics and to be issued by the Central Statistics Office or to be signed by the Director General.