[No. 50.]
Pt.9 S.58
Criminal Justice (Theft and Fraud
Offences) Act, 2001.
[2001.]
that person, as well as the body corporate, is guilty of an offence and
liable to be proceeded against and punished as if he or she were
guilty of the first-mentioned offence.
(2) Where the affairs of a body corporate are managed by its
members, subsection (1) shall apply in relation to the acts and
defaults of a member in connection with the member’s functions of
management as if he or she were a director or manager of the body
corporate.
(3) The foregoing provisions shall apply, with the necessary modifications, in relation to offences under this Act committed by an
unincorporated body.
Reporting of
offences.
59.—(1) In this section—
‘‘firm’’ means a partnership, a corporate or unincorporated body or
a self-employed individual;
‘‘relevant person’’ means a person—
(a) who audits the accounts of a firm, or
(b) who otherwise with a view to reward assists or advises a
firm in the preparation or delivery of any information, or
of any declaration, return, account or other document,
which the person knows will be, or is likely to be, used
for the purpose of keeping or auditing the accounts of
the firm,
but does not include an employee of a firm who—
(i) in that capacity so assists or advises the firm, and
(ii) whose income from so doing consists solely of emoluments
chargeable to income tax under Schedule E, as defined
in section 19 of the Taxes Consolidation Act, 1997.
(2) Where the accounts of a firm, or as the case may be any information or document mentioned in subsection (1)(b), indicate that—
(a) an offence under this Act (other than sections 8, 12 to 15,
49(1) and 52(8)) may have been committed by the firm
concerned, or
(b) such an offence may have been committed in relation to its
affairs by a partner in the firm or, in the case of a corporate or unincorporated body, by a director, manager, secretary or other employee thereof, or by the self-employed
individual concerned,
the relevant person shall, notwithstanding any professional obligations of privilege or confidentiality, report that fact to a member
of the Garda Sı́ochána.
(3) A disclosure in a report made in good faith by a relevant person to a member of the Garda Sı́ochána under subsection (2) shall
not be treated as a breach of any restriction imposed by statute or
otherwise or involve the person in liability of any kind.
(4) A person who fails, without reasonable excuse, to comply with
the duty imposed by subsection (2) is guilty of an offence and is liable
44