Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
LAWxPERT Anmelden Kostenloses Konto

Cap. 261 · cap/261 (Cap. 261)

Cap. 261 Art. 30Special procedure.

In KraftAmtlicher Text

(1) Notwithstanding any other law that may apply in this case, where the Authority believes that a person has committed a respect of such breach:

Provided that any person who feels aggrieved by a decision of the Authority under this sub-article, may appeal to the Administrative Review Tribunal for a revocation or modification of such administrative penalty.

(2) Where a notice in accordance with this article has been given, the person mentioned in the notice may, within twenty-one (21) days of the service of the notice, accept responsibility for the breach of the provisions of this Act specified in the notice and within the same period or such further period as the Authority may allow, remedy said breach and pay, or undertake in writing to pay, the administrative penalty indicated in the notice or such other administrative penalty as the Authority may accept in lieu, and in any such case:

(a) the person mentioned in the notice shall be deemed to have committed the breach of the provisions of this Act and to have admitted his guilt in respect thereof, as stipulated in sub-article (1);

(b) if the breach of the provisions of this Act is remedied and the administrative penalty is paid within the stipulated period or a further period, as aforesaid, no further proceedings may be taken against the said person in respect of the same facts:

Provided that the agreement to pay the administrative penalty shall not extinguish any civil liability to make good any damages to any third party or entity;

(c) if the penalty is not paid within the stipulated period, or a further period, as aforesaid, it shall become an amount due to the Authority as a civil debt and proceedings may be taken accordingly by the Authority to recover the same.

(3) Where the person to whom notice is given under sub-article

(1) does not accept responsibility or, having accepted such responsibility, fails to remedy the breach of the provisions of this Act within the period aforesaid, civil proceedings may be taken against him in accordance with the provisions of law applicable to the said breach.

Änderungsgeschichte
  • Amended by X.2023.12