§ 53 — Composition of offences

53.—(1) Subject to subsection (2), the Minister may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding —(a)

in the case of an offence to which section 36(1)(a)(i)(A) applies — $250,000;

(b)

in the case of an offence to which section 36(1)(b)(i) or (ii) applies — $500,000; or

(c)

in any other case — one half of the amount of the maximum fine that is prescribed for the offence.

(2) If the functions and powers of the Minister in respect of a designated entity have been transferred to a relevant Minister under section 6(2), the relevant Minister may compound any offence specified in subsection (3) that is prescribed by the relevant Minister as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding —(a)

in the case of an offence to which section 36(1)(a)(i)(A) applies — $250,000;

(b)

in the case of an offence to which section 36(1)(b)(i) or (ii) applies — $500,000; or

(c)

in any other case — one half of the amount of the maximum fine that is prescribed for the offence.

(3) For the purposes of subsection (2), the offences specified are —(a)

any offence under Part 3 that is committed by or in relation to the designated entity;

(b)

any offence under section 52(1)(a) involving the failure to do anything required by an authorised officer appointed by the relevant Minister’s appointed authority; and

(c)

any offence under section 52(2) relating to any matter specified in that provision connected with a requirement of an authorised officer appointed by the relevant Minister’s appointed authority.

(4) On payment of the sum of money under subsection (1) or (2), no further proceedings are to be taken against that person in respect of the offence.

(5) All sums collected under this section must be paid into the Consolidated Fund.

(6) In this section, “relevant Minister’s appointed authority” means the appointed authority appointed by the relevant Minister under section 7(1).

—(1) Subject to subsection (2), the Minister may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding —(a)

in the case of an offence to which section 36(1)(a)(i)(A) applies — $250,000;

(b)

in the case of an offence to which section 36(1)(b)(i) or (ii) applies — $500,000; or

(c)

in any other case — one half of the amount of the maximum fine that is prescribed for the offence.

(2) If the functions and powers of the Minister in respect of a designated entity have been transferred to a relevant Minister under section 6(2), the relevant Minister may compound any offence specified in subsection (3) that is prescribed by the relevant Minister as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding —(a)

in the case of an offence to which section 36(1)(a)(i)(A) applies — $250,000;

(b)

in the case of an offence to which section 36(1)(b)(i) or (ii) applies — $500,000; or

(c)

in any other case — one half of the amount of the maximum fine that is prescribed for the offence.

(3) For the purposes of subsection (2), the offences specified are —(a)

any offence under Part 3 that is committed by or in relation to the designated entity;

(b)

any offence under section 52(1)(a) involving the failure to do anything required by an authorised officer appointed by the relevant Minister’s appointed authority; and

(c)

any offence under section 52(2) relating to any matter specified in that provision connected with a requirement of an authorised officer appointed by the relevant Minister’s appointed authority.

(4) On payment of the sum of money under subsection (1) or (2), no further proceedings are to be taken against that person in respect of the offence.

(5) All sums collected under this section must be paid into the Consolidated Fund.

(6) In this section, “relevant Minister’s appointed authority” means the appointed authority appointed by the relevant Minister under section 7(1).