Section 19N: Administrative sanction
This section is inserted by Act No 9 of 2019, section 10.
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
19N. Administrative sanction
(1) Subject to subsection (2), where a regulatory
body has reasonable cause to believe that a member falling
under its purview –
(a) has contravened this Act or the United
Nations (Financial Prohibitions, Arms
Embargo and Travel Ban) Sanctions
Act 2019, 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;
it may, subject to this Act, impose such administrative sanction
as it may determine.
(2) Where the regulatory body intends to impose an
administrative sanction under section 19H(1)(d) against the
member referred to in subsection (1), it shall issue a notice to
the member stating –
(a) its intention to impose the administrative
sanction;
(b) the type and terms of the administrative
sanction; and
(c) the right of the member to make written
representations to the regulatory body
within 21 days of the notice.
(3) Where, after considering the written
representations under subsection (2)(c) and the regulatory
body is satisfied that the member has contravened
subsection (1), or where no written representations are
received, it shall impose the administrative sanction on the
member.
Acts 2019 177
(4) In addition to any administrative sanction
imposed by the regulatory body, the Review Panel may direct
the member to take such remedial action as it may determine.
(5) Any administrative penalty shall be a debt due to
the regulatory body and may be recovered by the regulatory
body as a civil debt in a court of competent jurisdiction.
(6) Any administrative penalty paid to the regulatory
body shall be credited to the Consolidated Fund.
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Questions this section answers
- How many days do I have to respond before an administrative sanction is imposed on me?
- Can I make written representations before a regulatory body fines me?