Civil penalty
5.8.20 Civil penalty
S. 5.8.20 inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62).
S. 5.8.20(1) amended by No. 2/2025 s. 56(1).
If a Court makes a declaration under section 5.8.19(2) or (3) that a person or body has failed to comply with a notice to comply, the Court may order the person or body to pay to the Authority a pecuniary penalty not exceeding 120 penalty units, in the case of a body corporate, or 60 penalty units in any other case.
In determining the amount of the pecuniary penalty under subsection (1), the Court must take into account the following considerations—
S. 5.8.20(2)(a) amended by No. 2/2025 s. 56(2)(a).
in the case of a person or body that is not an individual, the size of the person or body;
S. 5.8.20(2)(b) amended by No. 2/2025 s. 56(2)(b).
the impact of the amount of the penalty on the person or body;
S. 5.8.20(2)(c) amended by No. 2/2025 s. 56(2)(b).
whether the non-compliance by the person or body with the notice to comply was wilful or serious.
An order made under this section is taken, for the purposes of enforcement, to be an order made by the Court in a civil proceeding.
A pecuniary penalty paid to the Authority in accordance with an order made under this section must be paid by the Authority into the Consolidated Fund.
This Act’s bill:Explanatory memorandumSecond reading speech
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