Section 17Part 6 — ADMINISTRATIVE PENALTIES
Imposition of administrative penalties
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The penalties referred to under section 16 are administrative penalties which may be imposed by the Registrar.
The Registrar shall not impose a penalty on a controller if the Registrar is satisfied that the controller took all reasonable steps and exercised due diligence to ensure compliance with the provisions of this Law.
The Registrar, in deciding whether to impose a penalty on a controller, shall take into account the following matters —
the nature and seriousness of the contravention;
whether the controller has previously contravened this Law or any relevant legislation;
whether the contravention was caused by the negligence of the controller;
the ability of the controller to pay the penalty;
any gain resulting to the controller as a result of the contravention; and
such other matters as the Registrar considers appropriate.
Where a controller fails to comply with more than one provision of this Law and becomes liable to more than one penalty, the Registrar may compound the penalties.
The Registrar may recover a penalty imposed by virtue of this section in civil proceedings as a debt.
A penalty imposed by virtue of this section shall form part of the general revenue of the Islands.
Cross References
- Section 16 of Non Profit Organisations Act
section 16 - penalties