No.12
2015
"(fl) a direction by the Registrar in terms of section 26 not to
establish a branch; or";
(b)
36
in subsection (3) by the insertion of the following proviso, the existing
proviso becoming proviso (i)"(ii) the Minister shall determine the appealA. within fourteen days, in the case of an appeal against a
direction by the Registrar in tenns of section 26;
B. ninety days, in the case of any other appeal.".
New section inserted in Cap. 24:20
The principal Act is amended by the insertion after section 77 of the following
section-
"77 A Issuance of civil penalty orders
(1) Where in this Act provision is made for the imposition of
a civil penalty, such provision shall be construed as authorising the
Registrar to issue to the person specified by this Act to be responsible for
the infringement in respect of which the penalty is imposed (hereinafter
called "the infringer") any one of the following kinds of orders (called
a "civil penalty order") addressed to an infringer, which order shall be
issued within such of the following parameters as may be appropriate to
the infringement, namely a civil penalty order imposing(a)
a fixed civil penalty for a specified completed and
irremediable infringement, for which(i)
the penalty shall not exceed a fixed penalty of level
ten or the penalty prescribed by or under this Act, as
the case may be; and
(ii)
the penalty for each day (beginning on the day after
the issuance of the civil penalty order) during which
the infringer fails to pay the civil penalty, shall not
exceed a penalty of level three (twenty United States
dollars) per day for a maximum period of one hundred
and eight (180) days;
and
(b)
a fixed civil penalty for a specified completed but remediable
infringement(i) for which the prescribed penalty shall not exceed a
fixed penalty oflevel five (one hundred United States
dollars) or the penalty prescribed by orunderthisAct,
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 (upon 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) during which the infringer fails
to pay the civil penalty referred to in subparagraph(i),
which shall not exceed a penalty of level two (ten
250
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