(I)
The offences set out in the first column of Schedule I may be compounded by the Director or any officer of the Commission authorised by the Director in accordance with section 65.
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Competition (Composition of Offences) Regulations, 2020 is Brunei Subsidiary Legislation, cited as Subsidiary Legislation S10 2021, currently marked in force and first recorded in 2021.
COMPETITION ORDER, 2015
(S 112015)
26th. APRIL, 2021
COMPETITION (COMPOSITION OF OFFENCES) REGULATIONS, 2020
Opening note
The offences set out in the first column of Schedule I may be compounded by the Director or any officer of the Commission authorised by the Director in accordance with section 65.
The maximum sum tor which each such offence may be compounded is specified in the second column of Schedule 1.
Acceptance of composition of offence 3.
An offence may be compounded only if the person reasonably suspected of having committed the offence~
accepts the otfer of composition made by the Commission in writing in the fom1 set out in Schedule 2; and
pays the composition sum to the Commission, within 14 days after the otTer of composition is made or such longer period as the
Commission may specify.
Where the person referred to in sub-regulation (l) is not an individual, the acceptance of composition shall be made --
in the case of an unincorporated association (other than a partnership), by an officer of that association or a member of its governing body.
In sub-regulation (2), "officer''-
114
115 26th. APRIL, 2021
in relation to a body corporate, means a di•·ector, member of the committee of management, manager, secretary or other similar officer of the body: or
in relation to an unincorporated association (other than a partnership), means the president, the secretary or any member of the committee of the association and includes persons holding positions analogous to those of president. secretary or member of a committee.
SCHEDULE l
(regulation 2)
COMPOUNDABLE OFFENCES
Compoundable offences
Afaximum composition sum
Sections 38(6), 53, 54, 55, 56, 57, 58 and 70(2)
$5,000 116
26th. APRIL, 2021
SCHEDULE 2
(regulation 3(1)(a))
ACCEPTANCE OF OFFER OF COMPOSITION MADE BY
COMPETITION COMMISSION OF BRUNEI DARUSSALAM
·-------[Name and IC/Passp01t Number] [If made by an officer of a body corporate. partner of partnership, or officer or member of governing body of unincorporated association, to state his position], acknowledge that the
Competition Commission has by way of a letter dated made an offer of composition under section 65 in respect of an offence [or offences]
under the Order, committed by
[myself/my business trading as (Business Name/Name of body corporate, partnership or unincorporated association)
of which I am a representative authorised by the body corporate/partnership/
unincorporated association.].
2.
The offer made by the Competition Commission is as follows -
S/No.
Olfence and date of otTence
(Brief' description of' the qjfence, and state the provi.">'ion of the Order breached and the date ofthe hreach)
Composition sum offered
(State composition sum)
3.
I agree to the offer of composition as stated above and enclose, with this form, payment of the composition sum.
Signature of person accepting the offer of composition or authorised person accepting tl1e offer of composition on behalf of a body corporate. a partnership, or an unincorporated association
Date: ____ _
If the person to whom the offer of composition is made and who accepts the composition is not literate in the Malay or English languages, the person interpreting it shall attest as follows--
117
I,
[Name and IC/Passp011 Number], have interpreted this form to the person accepting the offer of composition in
----ec-c--e----,--- [state language] and have ascertained that he understands the contents of the form and agrees to the composition.
Signature of interpreter
Date: _________ _
Made this 24th. day of Rabiulawal, 1442 Hijriah con-esponding to the lOth. day of
November, 2020.
HIS MAJESTY
THE SULTAN AND YANG DI-PERTUAN,
BRUNEI DARUSSALAM
Minister of Finance and Economy.
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