Section 79G: Administrative sanction and compounding of
This section is inserted by 18 THE FINANCE ACT 2025, section 10.
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
79G. Administrative sanction and compounding of
offences
(1) Subject to subsection (2), where the Registrar
has reasonable cause to believe that a credit union –
(a) has contravened this Act or the United
Nations (Financial Prohibitions, Arms
Embargo and Travel Ban) Sanctions Act,
or any regulations made or guidelines
issued under those Acts;
(b) is involved in money laundering activities
and the financing of terrorism and
proliferation activities,
he may, subject to this Act, impose such administrative
sanction as he may determine.
(2) Where the Registrar intends to impose an
administrative sanction against the credit union referred to
in section 79B(1)(k)(iii), he shall issue a notice to the
credit union stating –
(a) his intention to impose the administrative
sanction;
(b) the type and terms of the administrative
sanction; and
248 Acts 2025
(c) the right of the credit union to make
written representations to the Registrar
within 21 days of the notice.
(3) Where, after considering any written
representations made under subsection (2)(c), the
Registrar is satisfied that the credit union has contravened
subsection (1)(a) or is involved in money laundering
activities and the financing of terrorism and proliferation
activities, or where no written representations are received,
he shall impose such administrative sanction as he may
determine on the credit union.
(4) Any administrative penalty imposed shall be
a debt due to the Fund, and may be recovered by the Fund as
a civil debt in a court of competent jurisdiction.
(5) Any administrative penalty payable under this
Act shall be credited to the Fund.
(6) The Registrar may, with the consent of the
Director of Public Prosecutions, compound any offence
committed by a credit union, under this Act or the United
Nations (Financial Prohibitions, Arms Embargo and Travel
Ban) Sanctions Act, or any regulations made or guidelines
issued under those Acts where it agrees, in writing, to pay
such amount not exceeding the maximum penalty specified
for the offence as may be specified by the Registrar.
(7) Every agreement to compound shall be final
and conclusive and on payment of the agreed amount, no
further proceedings in regard to the offence compounded
shall be taken against the credit union which agreed to the
compounding.
(8) Where the Registrar compounds an offence in
accordance with this section, no further proceedings shall be
initiated in respect of the offence so compounded against the
credit union.
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(9) Where the Director of Public Prosecutions does
not give his consent to compound the offence or a credit union
does not agree to compound the offence, the Registrar may
refer the case to the Police for legal proceedings.
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