Cap. 438 Art. 68Administrative penalty.

(1) The Authority may with the concurrence of any licensee or holder of a permit issued in terms of article 36 who contravenes a condition of his licence or, as the case may be, of his permit, or any directive issued by the Authority in terms of this Act or of regulations made thereunder and applicable to such licensee or, as the case may be, to such permit holder where such contravention amounts to an offence against this Act, impose administrative fines or sanctions upon such licensee or holder of a permit as an alternative to proceedings in court.

(2) For the purposes of subarticle (1), where the Authority decides to exercise its powers under the said subarticle (1), the Authority shall enter into an agreement in writing with the offender whereby the said offender pays a sum which shall not exceed two hundred and thirty-five thousand euro (€235,000.00) as the Authority shall determine, and upon the signing of any such agreement by the Authority and the offender all criminal liability of the offender under this Act, with regard to the offence or offences in relation to which the agreement has been entered, shall be extinguished: Provided that any forfeiture contemplated in this Act as a consequence to the offence to which the agreement relates shall, notwithstanding such agreement still take effect:

Provided further that any such agreement and the provisions of this article shall be without prejudice to the power of the Authority, where applicable, to cancel or suspend the licence or permit held by the offender in terms of the provisions of this Act relating to cancellation or suspension of the relevant licence or permit. of subarticle (2) shall be due to the Authority as a civil debt. The Authority shall not enter into an agreement as is referred to in subarticle (2), unless such agreement is accompanied by the payment of the sum due or an adequate and sufficient security for its payment.