Cap. 646 Art. 25Offences and administrative penalties.    Cap. 12.

(1) Every act or omission against this Act, and which does not constitute a criminal offence, shall be subject to an administrative penalty.

(2) Without prejudice to all other powers of the Authority, the Authority shall impose such administrative penalties or other sanctions for the breach by any person of any provision of this Act or of an administrative instrument made under it, as well as for the breach by any person of European Union legislation which falls to be enforced by the Authority which may supplemented from time to time by an administrative instrument:

Provided that the administrative penalties shall in all cases be proportionate to the severity of the respective breach:

Provided further that any administrative penalties or other sanctions imposed may be supplemented from time to time by an administrative instrument.

(3) It shall be the discretion of the Authority to impose such administrative penalties and decide the amount that shall be imposed:

Provided that such administrative penalty shall not exceed twenty thousand euro (€20,000) for each breach of an administrative nature.

(4) When the Authority imposes an administrative penalty it shall cause a notice in writing to be served on the person on whom the administrative penalty is being imposed:

Provided that before imposing an administrative penalty the Authority may, at its discretion, cause a notice in writing to be served on any person who committed a breach of an administrative nature informing such person of the said administrative breach, the remedial action to be taken, and the time period during which the remedial action is to be taken.The notice shall also provide that an administrative penalty shall be imposed when the remedial action is not undertaken as instructed and, or finalised within the time period specified.

(5) Following, the notice as provided for in sub-article (4), the notified person shall have a period of twenty (20) working days within which to admit the administrative penalty, including the payment of any administrative penalty levied, or otherwise appeal such sanction before the Tribunal as established in accordance with article 23:

Provided that if an appeal is not filed, any administrative penalty imposed shall constitute an executive title for all effects and purposes of Title VII of Part I of Book Second of the Code of

Organization and Civil Procedure.

(6) Any appeal from an administrative penalty not exceeding one thousand five hundred euro (€1,500) shall be filed by means of a written petition and submissions, and it shall be determined solely by the Chairperson appointed in accordance with article 23(4).