Automatic Enrolment Retirement Savings System Act 2024 section 132

Offences and penalties

Section 132 sets out the penalties that apply to the various offences created under the Act, distinguishing between less serious and more serious offences, and extending liability to company officers who consent to or connive in offences committed by a body corporate.

• Less serious offences (e.g. under sections 24, 50, 53, 128 and 131) carry a maximum penalty on summary conviction of a class A fine or up to 6 months' imprisonment or both.
• More serious offences (under sections 122, 123 and 140) may be tried summarily with the same penalties, or on indictment with a fine of up to €50,000 or up to 3 years' imprisonment or both.
• Where a body corporate commits an offence and a director, manager, secretary or other officer consented to or connived in the offence, that individual is also personally guilty and liable to the same penalties.
• Where a body corporate is managed by its members rather than directors, those members are treated as if they were directors or managers for the purposes of personal liability.