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Cap. 422 · cap/422 (Cap. 422)

Cap. 422 Art. 42Power to make regulations. penalties.

PART VII

In forceOfficial text

(1) The Minister may, after consultation with the

Authority, by order add to, vary, or amend the First Schedule.

(2) The Minister may, after consultation with the Authority, make regulations in respect of any of the functions of the Authority, for the establishment of directorates which may be required to be established under this Act, and for the better carrying out of any of the provisions of this Act. penalties amounting to -

(a) one hundred and fifteen euro (115) on any person for failure to respect the deadline for the provision of information laid down pursuant to article 36; and

(b) two hundred and thirty euro (230) on any person who fails, refuses to provide, or provides incorrect information, on any requested information in response to a request from the Director General under the provisions of article 36 or 39.

(2) (a) Any person who, being required to furnish a questionnaire for a particular period, does not furnish that questionnaire within the time laid down in the relevant questionnaire shall be liable to an administrative penalty of one hundred and fifteen euro (115), for every month or part thereof that elapses from the date by which the questionnaire should have been furnished.

(b) Any person who receives a questionnaire, but is no longer subject to answering that questionnaire, shall so inform the Office. Failure to inform the Office as aforesaid will render such person liable to an administrative penalty of one hundred and fifteen euro (115), for every month or part thereof that elapses from the date by which the questionnaire should have been furnished.

(3) Any administrative penalty to which a person becomes liable in terms of this Act shall be due and payable by that person, and that person shall not be relieved from a higher or from a further penalty to which he may have become or may become liable in terms of the relevant provisions of this Act.

(4) A penalty under subarticle (1) shall again become due when a new deadline is set by the Office for compliance. Penalties under subarticle (2) shall accrue until the information required is provided.

(5) In special cases, where there are very compelling reasons to do so, the Authority may waive compulsory penalties wholly or in part.

(6) Administrative penalties shall be due to the Authority as a civil debt, and the provisions of article 466 of the Code of

Organization and Civil Procedure, shall, mutatis mutandis, apply thereto.

Amendment history
  • Amended by L.N. 105 of 2008