No.I2
2015
(c)
United States dollars) per day for a maximum pe1iod
of one hundred and eight (180) days; and
a fixed civil penalty for a continuing infringement(i)
(d)
for which the prescribed penalty shall not exceed a
penalty of level one (five United States dollars) for
each day during which the infringement continues
(or the penalty prescribed by or under this Act, as the
case may be), not exceeding a maximum period of one
hundred and eight (180) days; and
(ii) which must be suspended conditionally upon the
infringer immediately (that is say, on the day the civil
penalty order is issued) ceasing the infringement;
and
a fixed civil penalty for a specified continuing infringement
where the time for compliance is of the essence(i) for which the prescribed penalty shall not exceed a
fixed penalty of level ten (six hundred United States
dollars) or the penalty prescribed by or under this Act,
as the case may be; and
(ii) which must be suspended conditionally upon the
infringer taking the remedial action specified in the
civil penalty order within the time specified in that
order; and
(iii) which (npon the civil penalty becoming operative
because of non-compliance with the requested
remedial action) may provide for the prescribed
penalty for each day (beginning on the day after the
last day on which the infringer should have effected
the remedial action) dming which the infringer fails
to pay the civil penalty referred to in subparagraph
(i), which shall not exceed a penalty oflevel two (ten
United States dollars) per day for a maximum period
of one hundred and eight (180) days.
(2) A civil penalty order that becomes payable by the infringer
shall constitute a debt due by the infringer to the Registrar and shall. at
any time after it becomes due, be recoverable in a court of competent
jurisdiction by proceedings in the name of the Registrar.
(3) The amount of a civil penalty shall be paid into and form pmt
of the fm1ds of the Reserve Bank.".
37
New sections substituted for sections 78 and 78A of Cap. 24:20
Section 78 ("Annual reports of Reserve Bank and Registrar") and 78A ("Cooperation between Registrar, Reserve Bank and Deposit Protection Corporation") of
the principal Act are repealed and the following sections are substituted-
"78
Annual reports of Reserve Bank and Registrar
( 1) As soon as possible after the end of every calendar year, and
in any event not more than six months thereafter, the Reserve Bank
and the Registrar shall submit to the Minister a report on banking
business and the financial sector generally during that year, which
report shall251
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