§ 48K — Procedure for giving of directions and imposing of financial penalty

48K.—(1) Before giving any direction under section 48I or imposing a financial penalty under section 48J(1), the Commission must give written notice to the organisation or person concerned —(a)

stating that the Commission intends to take action against the organisation or person under section 48I or 48J(1), as the case may be;

(b)

where the Commission intends to give any direction under section 48I, specifying the direction the Commission proposes to give;

(c)

specifying each instance of non‑compliance that is the subject of the proposed action, or the reason or reasons for the proposed action; and

(d)

subject to subsections (2) and (3), specifying the time within which written representations may be made to the Commission with respect to the proposed action.[40/2020]

(2) Where the Commission intends to impose a financial penalty under section 48J(1) on an organisation or a person, the time specified in the notice within which written representations may be made to the Commission must be at least 14 days after the date the notice is served on that organisation or person.[40/2020]

(3) The Commission may, on written application by the organisation or person concerned (whether before, on or after the expiry of the time specified in the notice), extend the time for the organisation or person to make written representations to the Commission if the Commission is satisfied that the extension should be granted by reason of exceptional circumstances in the particular case.[40/2020]

(4) The Commission may decide to give the direction under section 48I or impose the financial penalty under section 48J(1), as the case may be —(a)

after considering any written representation made to the Commission pursuant to the notice mentioned in subsection (1); or

(b)

upon the expiry of the time specified in the notice under subsection (1)(d), or as extended by the Commission under subsection (3), where no representation is so made or any written representation made is subsequently withdrawn.[40/2020]

(5) Subsection (1) does not apply where the organisation or person (as the case may be) has died, is adjudged bankrupt, has been dissolved or wound up or has otherwise ceased to exist.[40/2020]

(6) Where the Commission decides to give the direction under section 48I or impose the financial penalty under section 48J(1) (as the case may be), the Commission must serve a notice of the decision on the following persons:(a)

the organisation or person concerned;

(b)

the complainant whose complaint against the organisation or person concerned resulted in the giving of the direction or the imposition of the financial penalty (as the case may be), if any.[40/2020]

(7) A direction given under section 48I or the imposition of a financial penalty under section 48J(1) takes effect only when the Commission serves the notice in subsection (6)(a) on the organisation or person concerned.[40/2020]

(8) Where the Commission imposes a financial penalty under section 48J(1) on an organisation or a person, the written notice issued by the Commission to the organisation or person must specify the date before which the financial penalty is to be paid, being a date not earlier than 28 days after the notice is issued.[40/2020]

(9) The Commission may, on written application by an organisation or a person on whom a financial penalty under section 48J(1) is imposed —(a)

extend the time for the organisation or person to pay the financial penalty; or

(b)

allow the financial penalty to be paid by instalments.[40/2020]

(10) The interest payable —(a)

on the outstanding amount of any financial penalty imposed under section 48J(1); and

(b)

for payment by instalments (as the Commission may allow) of any financial penalty imposed under section 48J(1),

must be at such rate as the Commission may direct, which must not exceed the rate prescribed in the Rules of Court in respect of judgment debts.

[40/2020]

—(1) Before giving any direction under section 48I or imposing a financial penalty under section 48J(1), the Commission must give written notice to the organisation or person concerned —(a)

stating that the Commission intends to take action against the organisation or person under section 48I or 48J(1), as the case may be;

(b)

where the Commission intends to give any direction under section 48I, specifying the direction the Commission proposes to give;

(c)

specifying each instance of non‑compliance that is the subject of the proposed action, or the reason or reasons for the proposed action; and

(d)

subject to subsections (2) and (3), specifying the time within which written representations may be made to the Commission with respect to the proposed action.[40/2020]

(2) Where the Commission intends to impose a financial penalty under section 48J(1) on an organisation or a person, the time specified in the notice within which written representations may be made to the Commission must be at least 14 days after the date the notice is served on that organisation or person.[40/2020]

(3) The Commission may, on written application by the organisation or person concerned (whether before, on or after the expiry of the time specified in the notice), extend the time for the organisation or person to make written representations to the Commission if the Commission is satisfied that the extension should be granted by reason of exceptional circumstances in the particular case.[40/2020]

(4) The Commission may decide to give the direction under section 48I or impose the financial penalty under section 48J(1), as the case may be —(a)

after considering any written representation made to the Commission pursuant to the notice mentioned in subsection (1); or

(b)

upon the expiry of the time specified in the notice under subsection (1)(d), or as extended by the Commission under subsection (3), where no representation is so made or any written representation made is subsequently withdrawn.[40/2020]

(5) Subsection (1) does not apply where the organisation or person (as the case may be) has died, is adjudged bankrupt, has been dissolved or wound up or has otherwise ceased to exist.[40/2020]

(6) Where the Commission decides to give the direction under section 48I or impose the financial penalty under section 48J(1) (as the case may be), the Commission must serve a notice of the decision on the following persons:(a)

the organisation or person concerned;

(b)

the complainant whose complaint against the organisation or person concerned resulted in the giving of the direction or the imposition of the financial penalty (as the case may be), if any.[40/2020]

(7) A direction given under section 48I or the imposition of a financial penalty under section 48J(1) takes effect only when the Commission serves the notice in subsection (6)(a) on the organisation or person concerned.[40/2020]

(8) Where the Commission imposes a financial penalty under section 48J(1) on an organisation or a person, the written notice issued by the Commission to the organisation or person must specify the date before which the financial penalty is to be paid, being a date not earlier than 28 days after the notice is issued.[40/2020]

(9) The Commission may, on written application by an organisation or a person on whom a financial penalty under section 48J(1) is imposed —(a)

extend the time for the organisation or person to pay the financial penalty; or

(b)

allow the financial penalty to be paid by instalments.[40/2020]

(10) The interest payable —(a)

on the outstanding amount of any financial penalty imposed under section 48J(1); and

(b)

for payment by instalments (as the Commission may allow) of any financial penalty imposed under section 48J(1),

must be at such rate as the Commission may direct, which must not exceed the rate prescribed in the Rules of Court in respect of judgment debts.

[40/2020]