S.L. 117.46 Art. 16Offences and fines (multi).

(1) Any person shall be guilty of an offence in accordance with these regulations if he:

(a) fails to comply with any provision of these regulations or any lawful order given by virtue of these regulations;

(b) intentionally obstructs or causes the obstruction of any person acting in the proper exercise of his functions in accordance with these regulations and, or fails to allow an inspection authorised in accordance with these regulations;

(c) without reasonable cause, fails to give to any person, acting in the exercise of his functions in accordance with these regulations, any assistance or information which he may be required to give in accordance with these regulations or any other law, or gives false or misleading information;

(d) conspires or attempts, or aids, or abets, any other person by whatever means, including advertising, counselling or procurement to contravene the provisions of these regulations or to fail to comply with any such provisions, including any order lawfully given in terms of any of the provisions of these regulations, or to contravene any restriction, prohibition or requirement imposed by or in accordance with the said regulations;

(e) alters, forges, counterfeits or destroys any document presented to or issued by the Director in accordance with these regulations:

Provided that the offender may enter into an out of court settlement with the Director to pay a fine (multa) equivalent to one third of the maximum fine (multa) indicated in sub-regulation (2) and to rectify the infringement in lieu of contesting in Court the charges in his regard:

Provided further that where a person on whom a fine (multa) mentioned in this regulation is imposed does not, within thirty (30) days from date of service, pay the fine (multa), the Director shall, without prior notice, have the right to institute proceedings or cause proceedings to be instituted before the Court of Magistrates in respect of the alleged offence as provided in regulation 15.

(2) Any person who is found guilty of an offence against the provisions of these regulations shall, on conviction, be liable:

(a) on a first conviction to a fine (multa) of not less than five hundred euro (€500) but not exceeding one thousand five hundred euro (€1,500);

(b) on a second conviction or subsequent conviction, to a fine (multa) of not less than one thousand five hundred euro (€1,500) but not exceeding two thousand and three hundred and twenty-nine euro and thirty-seven cents (€2,329.37) or to a fine calculated on the profit made by the offender in contravention of these regulations, whichever is the higher:

Provided that, when the fine is so calculated, it may not exceed five times the profit made by the offender.

(3) Where any person is convicted of an offence against these regulations, the Court may, in addition to any other punishment that it may impose:

(a) sentence the offender to imprisonment for a term of not less than thirty (30) days and not exceeding two (2) years;

(b) order the forfeiture to the Government of any goods to which the offence relates, and if so forfeited any said goods shall be disposed of in such a manner as the Court may determine on the advice of the Director;

(c) order the suspension for a period not being less than one (1) month and not more than three (3) years or the withdrawal, as the Court may deem fit, of any licence or permit held by the offender and related to any trade or business to which the offence relates, and may in addition order that any said licence or permit may not be re-issued in respect of the convicted offender.