1964_PNEUMOCONIOSIS_(COMPENSATION)_ORDINANCE — Page 23

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CAP. 360]

Recovery of levy.

(Cap. 336.)

Evasion of payment of levy.

Pneumoconiosis (Compensation)

[1986 Ed.

(1A) If the amount of the levy or surcharge is not paid within such time as may be prescribed under subsection (1) the contractor or quarry operator, as the case may be, shall be liable to pay, in addition, a penalty of 5 per cent of the amount unpaid. (Added, 1 of 1983, s. 4)

(1B) If the amount of the levy or surcharge including any penalty payable under subsection (IA) is not paid within 3 months after the expiry of such period as may be prescribed under subsec- tion (1) the contractor or quarry operator, as the case may be, shall be liable to pay, in addition, a further penalty of 5 per cent of the amount unpaid. (Added, I of 1983, s. 4)

(IC) The Board may remit all or part of any penalty or further penalty payable under subsection (1A) or (1B) if, in the special circumstances of any case, it thinks it fair and reasonable to do so, and, if the amount so remitted has been paid, it shall be refunded. (Added, 1 of 1983, s. 4)

(2) Payment shall be made in accordance with subsections (1), (IA) and (1B) notwithstanding that the contractor or quarry operator may wish to object to the levy assessed or surcharge imposed under this Ordinance. (Amended, 1 of 1983, s. 4)

38. (1) Any amount of levy or surcharge, including the amount of any penalty or further penalty, due and payable under this Ordinance shall be recoverable as a debt due to the Board. (Amended, I of 1983, s. 5)

(2) An action under subsection (1) may be brought in the Court notwithstanding that the amount due exceeds the civil jurisdiction of the Court as may from time to time be determined under the District Court Ordinance.

39. Any person who is knowingly concerned in, or in the taking of steps with a view to, the fraudulent evasion of the payment of a levy, whether due from him or from any other person, commits an offence and is liable to a fine of $10,000 or 3 times the amount of levy that was or was intended to be evaded by his conduct, whichever is the greater.

·PART VIII

Variation of compensation limits and daily rates for medical

expenses.

First Schedule. Second Schedule.

MISCELLANEOUS

40. The Legislative Council may by resolution amend the amounts of compensation specified in the First Schedule and the daily rates specified in the Second Schedule.