Automatic Enrolment Retirement Savings System Act 2024 section 124

Fixed payment notice

Section 124 provides for a fixed payment notice system that allows authorised officers to offer persons suspected of certain offences the opportunity to pay a prescribed sum instead of facing prosecution.

• An authorised officer who reasonably believes a person is committing or has committed a relevant offence may serve a fixed payment notice offering the person the chance to pay a prescribed amount (up to €5,000) within 21 days instead of being prosecuted.
• Payment is voluntary, but if the person does not pay within the 21-day period, prosecution for the alleged offence will follow; if payment is made in time, no prosecution will be brought.
• Any payment made under a fixed payment notice is non-refundable, and proof of such payment is a complete defence if prosecution proceedings are later brought for the same offence.
• The Minister may prescribe the fixed payment amounts and may set different amounts for different offences; the relevant offences covered are those under sections 128 (hindering an employee from participating in automatic enrolment) and 131 (offences in relation to contributions) of the Act.