34 Civil penalty New s. 34 inserted by (1) If a court makes a declaration under section 33(2) No. 63/2016 s. 8. that a relevant entity has failed to comply with a notice to produce or a notice to comply, the court may order the relevant entity to pay to the Commission a pecuniary penalty not exceeding 60 penalty units. (2) In determining the amount of the pecuniary penalty under subsection (1), the court must take into account the following considerations— (a) in the case of a relevant entity that is not an individual, the size of the relevant entity; (b) the impact of the amount of the penalty on the relevant entity; (c) whether the non-compliance by the relevant entity with the notice to produce or notice to comply was wilful or serious. (3) An order made under this section is taken, for the purposes of enforcement, to be an order made by the court in a civil proceeding. (4) A pecuniary penalty paid to the Commission in accordance with an order made under this section must be paid by the Commission into the Consolidated Fund. 35 Protection against self-incrimination New s. 35 inserted by No. 63/2016 It is a reasonable excuse for a natural person to s. 8. refuse or fail to give information or do any thing that the person is requested to do under section 26 or 29 or required to do by or under section 28, 30 or 31 if the giving of the information or the doing of that other thing would tend to incriminate the person. New s. 36 36 Assistance to be provided inserted by No. 63/2016 s. 8.
New s. 34 inserted by No. 63/2016 s. 8. 34 Civil penalty (1) If a court makes a declaration under section 33(2) that a relevant entity has failed to comply with a notice to produce or a notice to comply, the court may order the relevant entity to pay to the Commission a pecuniary penalty not exceeding 60 penalty units. (2) In determining the amount of the pecuniary penalty under subsection (1), the court must take into account the following considerations— (a) in the case of a relevant entity that is not an individual, the size of the relevant entity; (b) the impact of the amount of the penalty on the relevant entity; (c) whether the non-compliance by the relevant entity with the notice to produce or notice to comply was wilful or serious. (3) An order made under this section is taken, for the purposes of enforcement, to be an order made by the court in a civil proceeding. (4) A pecuniary penalty paid to the Commission in accordance with an order made under this section must be paid by the Commission into the Consolidated Fund. New s. 35 inserted by No. 63/2016 s. 8. 35 Protection against self-incrimination It is a reasonable excuse for a natural person to refuse or fail to give information or do any thing that the person is requested to do under section 26 or 29 or required to do by or under section 28, 30 or 31 if the giving of the information or the doing of that other thing would tend to incriminate the person. New s. 36 inserted by No. 63/2016 s. 8. 36 Assistance to be provided
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