S.L. 646.26 Art. 3Administrative penalty to be determined by the Authority in accordance with Schedule I. 2 [S.L.         Cap. 426.  Cap. 12.

(1) Where the Authority serves a notice for the payment of an administrative penalty in terms of article 25 and paragraphs (a) to (e) of the proviso to article 26(3) of the Act, the amount of such administrative penalty shall be determined by the

Authority in accordance with Schedule I. RELATION TO THE ISSUANCE OF ADMINISTRATIVE 646.26 PENALTIES)

(2) The Authority may also publish administrative penalties or further specify or vary the nature and level of administrative penalties applicable to various breaches, through administrative instruments.

(3) The first column of Schedule I refers to the legislation being breached for which an administrative penalty is applicable, the second column refers to the reference number of the breach, the third column provides a general description of the breach, which description shall not be relied upon for the purposes of interpreting the relevant cited regulations, and the fourth column establishes the maximum administrative penalty to be paid, as may be determined by the Authority.

(4) (a) When the Authority imposes an administrative penalty, it shall cause a notice to be served on the person on whom the administrative penalty is being imposed in accordance with article 25 of the Act.

(b) For the purpose of the service of the notice of an administrative penalty, the mode of service and contact shall be made by electronic mail in accordance with the details as previously provided by the person to the Authority. The receipt of the relevant electronic mail shall in itself constitute confirmation of service, in terms of the provisions of the Electronic Commerce Act. In the absence of the provision of an electronic mail address the mode of service shall be made at the residential address of a natural person or at the registered office address of a legal person by registered mail:

Provided that in the case of failure to serve the notice, the provisions of the Code of Organization and Civil Procedure shall apply.

(5) In the case of multiple administrative penalties, the Authority may at its discretion, impose the maximum penalty in its entirety as determined by the Authority in terms of Schedule I, the second highest at two-thirds (2/3) of the maximum amount, and any remaining penalties at one-third (1/3) of their respective amounts.

(6) Any action by the Authority for the imposition of an administrative penalty under this Act shall be brought within two (2) years from the date of conclusion of an investigation as confirmed by a statement to this effect issued by the Authority and communicated to the interested person in writing. This provision is without prejudice to the terms of the proviso to article 25(4) of the Act, under which such period shall commence from the date when the remedial action is not undertaken.