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82.   Offences and penalties

Revised Laws of Saint Lucia (2021)

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82.   Offences and penalties

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    (1)   A person who—

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      (a)     fails to pay at or within the time prescribed for the purpose, any contribution or surcharge which he or she is liable to pay under this Act;

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      (b)     for the purpose of evading payment of any contribution or surcharge by himself or herself or some other person—

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        (i)     makes any false statement or representation, or

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        (ii)     produces or furnishes or causes, or allows to be produced or furnished any document or information which he or she knows to be false in a material particular;

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      (c)     for the purpose of obtaining any benefit for himself or herself or some other person—

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        (i)     makes any false statement or representation,

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        (ii)     produces or furnishes or causes to be produced or furnished any document or information which he or she knows to be false in a material particular;

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      (d)     wilfully delays or obstructs or refuses admission to the Director or any inspector, in the exercise of any functions under this Act;

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      (e)     refuses or neglects without reasonable cause to answer any questions or to furnish any information or to produce any document when required to do so under this Act;

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      (f)     being an employer deducts or attempts to deduct or otherwise recovers or attempts to recover the whole or any part of the contribution of the employer in respect of any insured person;

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      (g)     misrepresents or fails to disclose any material facts;

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      (h)     fails or neglects to deduct any contributions under this Act;

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      (i)     being or having been (an auditor of the books and records of the Fund) or a member, employee or agent of the Corporation, directly or indirectly communicates or reveals to any person any matter relating to the business of the Corporation or the Fund which becomes known to him or her in his or her capacity as auditor, member, employee or agent, except as may be required for the due discharge of his or her duty as such auditor, member, employee or agent or as may be permitted by the Corporation;

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      (j)     procures any member, employee or agent of the Corporation, or any person who has been such member, employee or agent to communicate or reveal any such matter as is set out in paragraph (i); (Amended by Act 2 of 2020)

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      (k)     for the purpose of obtaining a payment under a prescribed economic relief programme for himself or herself or some other person—

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        (i)     makes any false statement or representation,

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        (ii)     produces or furnishes or causes to be produced or furnished any document or information which he or she knows to be false,

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      (Inserted by Act 2 of 2020)

commits an offence against this Act and is liable on summary conviction to a fine not exceeding $5,000 or to a term of imprisonment not exceeding 6 months or to both such fine and imprisonment.

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    (2)   A person who commits an offence under this Act for which no punishment is provided is liable, on summary conviction, to a fine not exceeding $500 or to imprisonment for 3 months.

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