Cap. 442 Art. 17Administrative penalties.

The Minister may make regulations authorising the Board to impose administrative fines or sanctions on any society or officer thereof, or an auditor of a society, in the event of any breach of the provisions of this Act or of any regulations issued thereunder, or of an order lawfully issued by the Board by virtue of its powers under this Act: Provided that -

(i) any administrative penalty provided for by regulations made under this article shall only be imposed after the society or the person is notified in writing of such breach or such order and is given a period of twenty days from the date of such notification to make written representations to the Board, and this notwithstanding, the Board concludes that the society or the person is in breach of the provisions of this Act or of any regulation issued thereunder or of an order lawfully issued by the Board by virtue of its powers under this Act;

(ii) any administrative fine provided for by regulations made under this article shall not exceed the amount of two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37) for each breach and twenty-three euro and twenty-nine cents (23.29) for each day during which failure to observe the provisions of this Act or of any regulation made thereunder persists;

(iii) administrative fines stipulated in paragraph (ii) of this proviso may be increased by regulation up to a maximum of twenty-three thousand and two hundred and ninety-three euro and seventy-three cents (23,293.73) and one thousand and one hundred and sixty-four euro and sixty-nine sanction shall be payable to the Board as a civil debt constituting an executive title for the purposes of Title VII of Part I of Book Second of the Code of Organization and Civil Procedure as if the payment of the amount of the fine had been ordered by a judgement of a court of civil jurisdiction;

(v) such regulations may also prescribe any right of appeal from decisions of the Board to impose an administrative sanction to the Administrative Review Tribunal established in terms of article 5 of the Administrative Justice Act, and the provision of this Act shall apply to such an appeal.