(1) A person who—
(a) fails to furnish to the Commission a declaration or further particulars thereof which he or she is required to furnish in accordance with this Act;
(b) knowingly makes a declaration which is false in some material particular;
(c) fails to give such information as a tribunal may require under section 21;
(d) fails to attend an inquiry being conducted under section 21 or gives any false information at such inquiry,
commits an offence, and is liable on summary conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 5 years or both.
(2) Where the offence under subsection (1) involves the non-disclosure of property acquired while in public life, the Court shall, in addition to the penalty specified under subsection (1)—
(a) where the property involved is situated in Saint Lucia, declare that it be forfeited to the State;
(b) where the property involved is situated outside Saint Lucia, order that an amount equivalent to the value of the property (the value to be assessed as directed by the Court), be paid by the person in public life to the State.
(3) Property acquired from a person referred to under subsection (2) by a bona fide purchaser for value without notice of any offence by that person is not liable to forfeiture, but an amount equivalent to the value of the property or the price paid by the purchaser, whichever is the greater, shall be paid by the person in public life to the State.
(4) Payment of all sums due to the State under subsection (2)(b) or to subsection (3), may be enforced in like manner as a debt due to the State and any proceedings thereon on behalf of the State may be taken.
(5) It shall be a defence for a person in public life to show that the failure envisaged in subsection (1)(a), (c) and (d) was due to reasonable causes and the court shall, in each case, make a determination as to reasonable causes taking into account the circumstances of each case.