(LRC Revised)

Number 1 of 2005

PROCEEDS OF CRIME (AMENDMENT) ACT 2005

REVISED

Updated to 30 July 2018

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Proceeds of Crime (Amendment) Act 2005

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including

Companies (Statutory Audits) Act 2018

(22/2018), enacted 25 July 2018, and all statutory instruments up to and including

Criminal Justice (Corruption Offences) Act 2018 (Commencement) Order 2018

(S.I. No. 298 of 2018), made 26 July 2018, were considered in the preparation of

this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

1

of

2005

PROCEEDS OF CRIME (AMENDMENT) ACT 2005

REVISED

Updated to 30 July 2018

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1.

Short title, collective citation and construction.

2.

Interpretation.

PART 2

Amendments to Principal Act

3.

Amendment of section 1 (interpretation) of Principal Act.

4.

Amendment of section 2 (interim order) of Principal Act.

5.

Amendment of section 3 (interlocutory order) of Principal Act.

6.

Amendment of section 4 (disposal order) of Principal Act.

7.

New section 4A in Principal Act.

8.

Amendment of section 6 (order in relation to property the subject of interim order

or interlocutory order) of Principal Act.

9.

Amendment of section 8 (evidence and proceedings under Act) of Principal Act.

10.

Non-application to Principal Act of section 11(7) of Statute of Limitations 1957.

11.

Amendment of section 9 (affidavit specifying property and income of respondent) of

Principal Act.

12.

New sections 16A and 16B in Principal Act.

PART 3

Amendments to Act of 1996

13.

Amendment of section 1 (interpretation) of Act of 1996.

14.

Amendment of section 4 (objectives of Bureau) of Act of 1996.

15.

Amendment of section 5 (functions of Bureau) of Act of 1996.

16.

Amendment of section 14 (search warrants) of Act of 1996.

17.

Amendment of maximum amount of certain fines in Act of 1996.

18.

New sections 14A, 14B and 14C in Act of 1996.

PART 4

Amendments to Act of 1994

19.

Amendment of Title to Part VI of Act of 1994.

20.

Amendment of section 38 (seizure and detention) of Act of 1994.

21.

Amendment of section 39 (forfeiture of seized cash) of Act of 1994.

22.

Amendment of section 43 (interpretation of Part VI) of Act of 1994.

PART 5

Amendments to Act of 2001

23.

New sections 2A, 2B and 2C in Act of 2001.

(Repealed)

Acts Referred to

Criminal Assets Bureau Act 1996

1996, No. 31

Criminal Justice Act 1994

1994, No. 15

Ethics in Public Office Act 1995

1995, No. 22

Local Government Act 2001

2001, No. 37

Official Secrets Act 1963

1963, No. 1

Prevention of Corruption Act 1906

6 Edw. 7. c. 34

Prevention of Corruption Acts 1889 to 2001

Prevention of Corruption (Amendment) Act 2001

2001, No. 27

Proceeds of Crime Act 1996

1996, No. 30

Statute of Limitations 1957

1957, No. 6

Taxes Consolidation Act 1997

1997, No. 39

Number

1

of

2005

PROCEEDS OF CRIME (AMENDMENT) ACT 2005

REVISED

Updated to 30 July 2018

AN ACT TO MAKE FURTHER PROVISION IN RELATION TO THE RECOVERY AND DISPOSAL OF PROCEEDS

OF CRIME AND FOR THAT PURPOSE TO AMEND THE PROCEEDS OF CRIME ACT 1996, THE CRIMINAL

ASSETS BUREAU ACT 1996, THE CRIMINAL JUSTICE ACT 1994 AND THE PREVENTION OF CORRUPTION

(AMENDMENT) ACT 2001. [12

th February

, 2005]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

PART 1

Preliminary and General

Section

1.

Short title, collective citation and construction.

2.

Interpretation.

PART 2

Amendments to Principal Act

3.

Amendment of section 1 (interpretation) of Principal Act.

4.

Amendment of section 2 (interim order) of Principal Act.

5.

Amendment of section 3 (interlocutory order) of Principal Act.

6.

Amendment of section 4 (disposal order) of Principal Act.

7.

New section 4A in Principal Act.

8.

Amendment of section 6 (order in relation to property the subject of interim order

or interlocutory order) of Principal Act.

9.

Amendment of section 8 (evidence and proceedings under Act) of Principal Act.

10.

Non-application to Principal Act of section 11(7) of Statute of Limitations 1957.

11.

Amendment of section 9 (affidavit specifying property and income of respondent) of

Principal Act.

12.

New sections 16A and 16B in Principal Act.

PART 3

Amendments to Act of 1996

13.

Amendment of section 1 (interpretation) of Act of 1996.

14.

Amendment of section 4 (objectives of Bureau) of Act of 1996.

15.

Amendment of section 5 (functions of Bureau) of Act of 1996.

16.

Amendment of section 14 (search warrants) of Act of 1996.

17.

Amendment of maximum amount of certain fines in Act of 1996.

18.

New sections 14A, 14B and 14C in Act of 1996.

PART 4

Amendments to Act of 1994

19.

Amendment of Title to Part VI of Act of 1994.

20.

Amendment of section 38 (seizure and detention) of Act of 1994.

21.

Amendment of section 39 (forfeiture of seized cash) of Act of 1994.

22.

Amendment of section 43 (interpretation of Part VI) of Act of 1994.

PART 5

Amendments to Act of 2001

23.

New sections 2A, 2B and 2C in Act of 2001.

(Repealed)

Number

1

of

2005