Explanatory Notes

Regulatory Enforcement and Sanctions Act 2008

2008 CHAPTER 13

21 July 2008

Commentary on Sections

Part Three: Civil Sanctions

Section 52: Monetary penalties

141.This section allows an order made by the Minister under this Part of the Act to make provision for discounts for early payment of a monetary penalty and for the payment of interest or a financial penalty for late payment of the original penalty. The total amount of any late payment penalty must not exceed the total amount of the penalty imposed.

142.Section 52 provides for the enforcement of unpaid penalties (and any interest or late payment charges) through the civil courts. It also allows the order to create a more streamlined process of recovery by treating the penalty as if it were payable under a court order.