52 46 Amendment of Cap. 21:05 The Mines and Minerals Act [Chapter 21:05] is amended in section 368 (“Prospecting prohibited save in certain circumstances”) by the repeal of subsection (4) and the substitution of— “(4) Any person who contravenes subsection (1), (2) or (3) shall be guilty of an offence and liable— (a) if are no special circumstances in the particular case, to imprisonment for a period of not less than two years; or (b) if the person convicted of the offence satisfies the court that there are special circumstances in the particular case why the penalty provided under paragraph (a) should not be imposed, which circumstances shall be recorded by the court, to imprisonment for a period not exceeding two years or a fine not exceeding level ten. (5) A court sentencing a person under subsection (4)(a) shall not order that the operation of the whole or any part of the sentence be suspended.”. 47 Amendment of Cap. 24:09 With effect from the 10th November, 2006, the Pension and Provident Funds Act [Chapter 24:09] is amended in section 36 (“Regulatory powers of Minister”)⎯ (a) by the repeal in subsection (2) of paragraph (n) and the substitution of⎯ “(n) penalties for any contravention of the regulations not exceeding⎯ (i) a penalty of level four for each day that the contravention continues up to a maximum of sixty days, where the contravention involves a delay in doing anything required by the regulations; (ii) a fine of level six or imprisonment for one year or both such fine and such imprisonment.”; (b) by the insertion of the following subsections after subsection (2)⎯ “(3) A penalty imposed by regulations pursuant to subsection (2)(n)(i) shall constitute a debt due to the Insurance and Pensions Commission established in terms of section 3 of the Insurance and Pensions Commission Act [Chapter 24:21] (No. 7 of 2000) by the person liable to pay it, and may be recovered by action in a court of competent jurisdiction by proceedings in the name of the Insurance and Pensions Commission. (4) The Commissioner may waive the payment or refund the whole or any part of any penalty referred to in subsection (3) if he or she is satisfied that the failure of the person to comply with any requirement of these regulations that rendered such person liable to pay the penalty was not due to an intent to evade those provisions or the lack of reasonable care.”.