Nuclear Test Ban Act 2008
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: — In this Act—
“ authorised officer ” means a person appointed under section 8 ;
“inspection team” means an inspection team designated under paragraph 53 of Article IV of the Treaty to carry out an on-site inspection in the State;
“ international inspector ” means a member of an inspection team in respect of whom a certificate issued under section 5 is for the time being in force;
“ Minister ” means the Minister for the Environment, Heritage and Local Government;
“ National Authority ” shall be construed in accordance with section 3 ;
“ observer ” means a representative of a State party to the Treaty who, in accordance with paragraph 61 of Article IV of the Treaty, is sent to observe the conduct of an on-site inspection, and in respect of whom a certificate issued under section 6 is for the time being in force;
“ on-site inspection ” means an inspection at a place in the State carried out in accordance with the Treaty;
“place” includes any means of transport and any building or structure on land, including land covered by water;
num: 2
paragraphs: — (1) A person who carries out, or causes the carrying out of, a nuclear explosion in the State shall be guilty of an offence.
(2) An Irish citizen who carries out, or causes the carrying out of, a nuclear explosion outside the State shall be guilty of an offence.
(3) A person who—
(a) attempts, or
(b) conspires with, or incites, a person,
to commit an offence under subsection (1) or (2) shall be guilty of an offence.
(4) A person guilty of an offence under this section shall be liable, on conviction on indictment, to—
(a) a fine, or
(b) imprisonment for life or such lesser term as the court may determine,
or both.
(5) In this section “nuclear explosion” includes a nuclear weapon test explosion.
num: 3
paragraphs: — The Radiological Protection Institute of Ireland is designated as the National Authority in the State for the purposes of this Act and the Treaty, and “ National Authority ” shall be construed accordingly.
num: 4
paragraphs: — (1) A notice or other document that is required to be served on or given to a person under this Act shall be addressed to the person concerned by name, and may be served on or given to the person in one of the following ways:
(a) by delivering it to the person;
(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address; or
(c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address.
(2) For the purposes of this section, a company within the meaning of the Companies Acts shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business in the State.
num: 5
paragraphs: — (1) The National Authority may issue to any person who is a member of an inspection team a certificate—
(a) identifying the person by name and indicating his or her status and authority to conduct or observe an on-site inspection,
(b) identifying and describing the site to be inspected by him or her, and
(c) setting out such other information and conditions (if any) applicable to his or her inspection activities as the National Authority considers appropriate.
(2) An international inspector shall have and may exercise the powers of an authorised officer under this Act, subject to such conditions (if any), applicable to his or her inspection activities as are specified in the certificate issued to him or her under this section.
(3) An international inspector may exercise such rights of access, entry and unobstructed inspection at a place that is subject to an on-site inspection as are conferred on him or her by the Treaty’s inspection provisions.
(4) An international inspector may perform any act at a place that is subject to an on-site inspection that he or she is entitled to perform in accordance with the Treaty’s inspection provisions.
(5) An international inspector, when exercising a power conferred by this Act shall, if requested by a person thereby affected, produce a certificate issued to him or her under this section to that person for inspection.
num: 6
paragraphs: — (1) The National Authority may issue to any person who is an observer a certificate—
(a) identifying the person by name and indicating his or her status and authority to observe an on-site inspection,
(b) identifying and describing the site at which he or she will act as an observer, and
(c) setting out such other information and conditions (if any) applicable to his or her observation activities as the National Authority considers appropriate.
(2) An observer may exercise such rights of access and entry to a place that is subject to an on-site inspection as are conferred on him or her by the Treaty’s inspection provisions.
(3) An observer, when exercising a power conferred on him or her by this Act, shall, if requested by a person thereby affected, produce a certificate issued to him or her under this section to that person for inspection.
num: 7
paragraphs: — The members of an inspection team and observers shall have and enjoy all such privileges and immunities as are conferred on them by paragraphs 26, 27, 28, 29, 30 and 31 of Part II of the Protocol to the Treaty, subject to such conditions as are specified in those paragraphs.
num: 8
paragraphs: — (1) The Minister shall appoint such and so many persons, as he or she considers appropriate, to be authorised officers for the purposes of this Act.
(2) The National Authority shall appoint such and so many persons, as it considers appropriate, to be authorised officers for the purposes of this Act.
(3) A person appointed to be an authorised officer under this section shall, on his or her appointment, be furnished—
(a) in the case of a person appointed under subsection (1), by the Minister, and
(b) in the case of a person appointed under subsection (2), by the National Authority,
with a warrant of his or her appointment, and when exercising a power conferred by this Act shall, if requested by any person thereby affected, produce such warrant to that person for inspection.
(4) The Minister may revoke the appointment of an authorised officer made by him or her under this section.
(5) The National Authority may revoke the appointment of an authorised officer made by it under this section.
num: 9
paragraphs: — (1) For the purposes of this Act and the Treaty, an authorised officer may—
(a) subject to subsection (4), enter (if necessary by the use of reasonable force), at all reasonable times, any place at which—
(i) he or she has reasonable grounds for believing that information or documentation to which a notice under section 11 applies, or books, records or other documents (including documents stored in non-legible form) relating to matters to which this Act applies, are kept,
(ii) he or she has reasonable grounds for believing that an offence under this Act is being or has been committed, or
(iii) an on-site investigation is being conducted,
(b) at such place inspect and take copies of, any books, records, other documents (including documents stored in non-legible form) or extracts therefrom, which he or she finds in the course of his or her inspection,
(c) remove any such books, records or documents from such place and retain them for such period as he or she reasonably considers to be necessary for the purposes of his or her functions under this Act,
(d) inspect and take copies of or extracts from any electronic information system kept at the place and remove and retain any equipment used in such system, including but not limited to computers, hard drives and portable storage media for such period as he or she reasonably considers to be necessary for the purposes of his or her functions under this Act,
(e) carry out, or cause to be carried out, such examinations, tests, inspections and checks of—
(i) the place,
(ii) any container, product, article or substance, found at the place, or
(iii) any equipment, machinery or plant found at the place,
as he or she reasonably considers to be necessary for the purposes of his or her functions under this Act,
(f) require any person at the place or the owner or person in charge of the place and any person employed there to give to him or her such assistance and information and to produce to him or her such books, documents or other records (and in the case of documents or records stored in non-legible form, produce to him or her a legible reproduction thereof) that are in that person’s power or procurement, as he or she may reasonably require for the purposes of his or her functions under this Act,
(g) take samples of any product, article or substance found at the place for the purposes of analysis and examination,
(h) direct that such containers, products, articles or substances found at the place as he or she, upon reasonable grounds, believes are being used for the purposes of contravening a provision of this Act, not be sold or distributed or moved from the place, without his or her consent,
(i) secure for later inspection any place or part of any place for such period as may reasonably be necessary for the purposes of his or her functions under this Act,
(j) take possession of and remove from the place for examination and analysis any container, product, article or substance found there and retain it for such period as he or she considers reasonably necessary for the purposes of his or her functions under this Act,
(k) take, or cause to be taken, photographs of the place or of any thing found at the place,
(l) install, use and maintain at the premises such monitoring instruments, systems and seals as are necessary or expedient for the purposes of ensuring compliance with this Act or the Treaty or the prevention of an offence under this Act,
(m) require any person at the place or the owner or person in charge of the place or any person employed there to supply without payment samples of any product or any article or substance used in the manufacture of a product found at the place for test, examination or analysis,
(n) dismantle or subject to any process or test any product, or any article or substance used in the manufacture of any product, found at the place,
(o) take possession of any container, product, article or substance found at the place and retain it for such period as is necessary to—
(i) enable its examination,
(ii) ensure that it is not tampered with before the examination is complete, or
(iii) ensure that it is available to be adduced as evidence in any proceedings,
(p) require any person at the place or the owner or person in charge of the place and any person employed therein to afford the authorised officer such facilities within the person’s power as he or she may require for the purposes of his or her functions under this Act.
(2) Before exercising the power conferred by subsection (1)(j) in the case of any container, product, article or substance, an authorised officer shall, so far as is reasonably practicable, consult such persons as appear to him or her to be appropriate for the purposes of ascertaining what danger, if any, there may be in doing anything that he or she proposes to do under that power.
(3) When performing a function under this Act, an authorised officer may, subject to any warrant under subsection (5), be accompanied by such number of authorised officers or members of the Garda SÃ­ochÃ¡na as he or she considers appropriate.
(4) Subject to subsection (10), an authorised officer shall not enter a dwelling, other than—
(a) with the consent of the occupier, or
(b) in accordance with a warrant issued under subsection (5).
(5) Upon the application of an authorised officer, a judge of the District Court may, if satisfied that there are reasonable grounds for believing that—
(a) information or documentation to which a notice under section 11 applies, or books, records or other documents (including documents stored in non-legible form) relating to matters to which this Act applies are to be found,
(b) evidence of the commission of an offence under this Act is to be found, or
(c) a product, article or substance that an authorised officer requires to inspect for the purposes of this Act is to be found,
at the dwelling to which the application relates, issue a warrant authorising a named authorised officer accompanied by such other authorised officers or members of the Garda SÃ­ochÃ¡na as may be necessary, at any time or times, within one month of the date of issue of the warrant, to enter the dwelling (if necessary by the use of reasonable force) and perform the functions of an authorised officer under paragraphs (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), (o) and (p) of subsection (1).
(6) Where an authorised officer, upon reasonable grounds, believes that a person has committed an offence under this Act, he or she may require that person to provide him or her with his or her name and the address at which he or she ordinarily resides.
(7) A person who falsely represents himself or herself to be an authorised officer shall be guilty of an offence.
(8) Any person who obstructs or interferes with an authorised officer or a member of the Garda SÃ­ochÃ¡na in the course of exercising a power conferred on him or her by this Act or a warrant under subsection (5) or impedes the exercise by the officer or member, as the case may be, of such power or fails or refuses to comply with a request or requirement of, or to answer a question asked by, the officer or member pursuant to this section, or in purported compliance with such request or requirement or in answer to such question gives information to the officer or member that he or she knows to be false or misleading in any material respect, shall be guilty of an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months, or both.
(9) A statement or admission made by a person pursuant to a requirement under subsection (1)(f) shall not be admissible as evidence in proceedings brought against that person for an offence (other than an offence under subsection (8)).
(10) A warrant under subsection (5) shall not be required for the exercise by an authorised officer of any power under this section if, by reason of exigent circumstances, it would not be practicable for the authorised officer to apply for and obtain such a warrant.
(11) In this section “record” includes, in addition to a record in writing—
(a) a disc, tape, sound-track or other device in which information, sounds or signals are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in legible or audible form,
(b) a film, tape or other device in which visual images are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in visual form, and
(c) a photograph,
and any reference to a copy of a record includes—
(i) in the case of a record to which paragraph (a) applies, a transcript of the sounds or signals embodied therein,
(ii) in the case of a record to which paragraph (b) applies, a still reproduction of the images embodied therein, and
(iii) in the case of a record to which paragraphs (a) and (b) apply, such a transcript and such a still reproduction.
num: 10
paragraphs: — Where a member of the Garda SÃ­ochÃ¡na suspects, on reasonable grounds, that an offence under this Act has been or is being committed at any place or by any person, the member shall have and may exercise in relation to that place or person, in addition to any powers that he or she may have by virtue of being a member of the Garda SÃ­ochÃ¡na, the powers of an authorised officer under this Act.
num: 11
paragraphs: — (1) The National Authority may, by notice in writing, require any person whom it has reason to believe has information or documents relevant to the enforcement of this Act to provide the information or documents concerned to the National Authority within such period as may be specified in the notice.
(2) The Minister may, by notice in writing, require any person whom he or she has reason to believe has information or documents relevant to the enforcement of this Act to provide the information or documents concerned to him or her within such period as may be specified in the notice.
(3) A person who fails to comply with a requirement under subsection (1) or (2) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €5,000 or imprisonment for a term not exceeding 6 months or both.
num: 12
paragraphs: — (1) A person in possession of information or a document obtained under this Act shall not, without the consent of the person from whom it was obtained, disclose it, or cause it to be disclosed, to any other person, except—
(a) for the purpose of ensuring compliance with this Act or giving effect to the Treaty,
(b) for the purpose of complying with an obligation of the State under the Treaty, or
(c) to the extent that its disclosure is necessary for the purposes of an emergency involving public safety.
(2) Notwithstanding any other enactment or rule of law, a person shall not be required to—
(a) disclose information or a document obtained under this Act except for the purposes of proceedings under this Act, or
(b) produce to a court, or give evidence relating to, any such information or document in any proceedings (civil or criminal) unless the proceedings are brought under this Act.
(3) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable—
(a) on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 6 months or both, or
(b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 2 years or both.
num: 13
paragraphs: — A person who knowingly or recklessly makes a statement to—
(a) the National Authority, the Minister or an authorised officer performing functions under this Act, or
(b) an international inspector exercising powers under section 5 or 9 ,
that is false or misleading in a material respect shall be guilty of an offence and shall be liable—
(i) on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 6 months or both, or
(ii) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 2 years or both.
num: 14
paragraphs: — Where a person is convicted of an offence under section 2 , anything used for the purposes of, or in connection with, the commission of the offence shall be forfeited to the State and, subject to the Containment of Nuclear Weapons Act 2003 , disposed of in such manner as the National Authority directs.
num: 15
paragraphs: — Summary proceedings for an offence under this Act may be brought and prosecuted by the National Authority or the Minister.
num: 16
paragraphs: — The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
num: 17
paragraphs: — (1) This Act may be cited as the Nuclear Test Ban Act 2008.
(2) This Act shall come into operation on such day or days as the Minister may, by order or orders, appoint either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes or different provisions.