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13 1939

OFFENCES AGAINST THE STATE ACT, 1939

PART I.

Preliminary and General.

Short title.

1. —This Act may be cited as the Offences against the State Act, 1939.

Definitions.

2. —In this Act—

the word “organisation” includes associations, societies, and other organisations or combinations of persons of whatsoever nature or kind, whether known or not known by a distinctive name;

the word “document” includes a book and also a newspaper, magazine, or other periodical publication, and also a pamphlet leaflet, circular, or advertisement; the expression “incriminating document” means a document of whatsoever date, or bearing no date, issued by or emanating from an unlawful organisation or appearing to be so issued or so to emanate or purporting or appearing to aid or abet any such organisation or calculated to promote the formation of an unlawful organisation;

the expression “treasonable document” includes a document which relates directly or indirectly to the commission of treason; the expression “seditious document” includes—

(a) a document consisting of or containing matter calculated or tending to undermine the public order or the authority of the State, and

(b) a document which alleges, implies, or suggests or is calculated to suggest that the government functioning under the Constitution is not the lawful government of the State or that there is in existence in the State any body or organisation not functioning under the Constitution which is entitled to be recognised as being the government of the country, and

(c) a document which alleges, implies, or suggests or is calculated to suggest that the military forces maintained under the Constitution are not the lawful military forces of the State, or that there is in existence in the State a body or organisation not established and maintained by virtue of the Constitution which is entitled to be recognised as a military force, and

(d) a document in which words, abbreviations, or symbols referable to a military body are used in referring to an unlawful organisation;

the word “offence” includes treason, felonies, misdemeanours, and statutory and other offences;

references to printing include every mode of representing or reproducing words in a visible form, and the word “print” and all cognate words shall be construed accordingly.

Exercise of powers by superintendents of the Gárda Síochána.

3. —Any power conferred by this Act on an officer of the Gárda Síochána not below the rank of chief superintendent may be exercised by any superintendent of the Gárda Síochána who is authorised (in respect of any particular power or any particular case) in that behalf in writing by the Commissioner of the Gárda Síochána.

Expenses.

4. —The expenses incurred by any Minister of State 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.

Repeals.

5. —The Treasonable Offences Act, 1925 (No. 18 of 1925), and the Public Safety (Emergency Powers) Act, 1926 (No. 42 of 1926), are hereby repealed.