s 236H Civil penalty against officer of corporation, etc.
236H.—(1) Where it appears to the Authority that a corporation, partnership, limited liability partnership or unincorporated association (called in this section the contravening person) has contravened any provision in this Part —(a) with the consent or connivance of a person (called in this section the defendant) who is an officer or (where its affairs are managed by its members) a member of the corporation, a partner of the partnership, a partner or manager of the limited liability partnership, or an officer of the unincorporated association (other than a partnership) or a member of its governing body, as the case may be; or (b) as a result of any neglect on the part of the defendant, the Authority may, with the consent of the Public Prosecutor, bring an action in a court against the defendant to seek an order for a civil penalty in respect of that contravention as if the defendant had committed the contravention, whether or not such action is brought against the contravening person. [2/2009] (2) If the court is satisfied on a balance of probabilities that the contravening person has contravened a provision in this Part with the consent or connivance of the defendant, or as a result of any neglect on the part of the defendant, the court may make an order against the defendant for the payment of a civil penalty of a sum not less than $50,000 but not exceeding the greater of the following:(a) 3 times —(i) the amount of the profit that the defendant gained as a result of the contravention by the contravening person; or (ii) the amount of the loss that the defendant avoided as a result of the contravention by the contravening person; (b) $2 million.[4/2017] (3) [Deleted by Act 4 of 2017] (4) Sections 232(4) to (7) and 233 apply in relation to an action brought against a defendant under subsection (1) as they apply in relation to an action under section 232.[2/2009] (5) Any defence that would be available to —(a) the contravening person if it were prosecuted for its contravention; or (b) the defendant if he or she were prosecuted under section 331 in respect of that contravention, is also available to the defendant in an action under subsection (1) in respect of that contravention. [2/2009]