Page:Personal Data Protection Act 2012.pdf/28

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PERSONAL DATA PROTECTION
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(b) to destroy personal data collected in contravention of this Act;
(c) to comply with any direction of the Commission under section 28(2);
(d) to pay a financial penalty of such amount not exceeding $1 million as the Commission thinks fit.

(3) Subsection (2)(d) shall not apply in relation to any failure to comply with a provision of this Act, the breach of which is an offence under this Act.

(4) The Commission shall, in any direction requiring the payment of a financial penalty, specify the date before which the financial penalty is to be paid, being a date not earlier than the end of the period within which an application for reconsideration of the direction, or an appeal against the direction, may be brought under section 31 or 34, respectively.

(5) The interest payable on the outstanding amount of any financial penalty imposed under subsection (2)(d) and for payment by instalment (as may be directed by the Commission in its discretion) of any financial penalty imposed under subsection (2)(d) shall be at such rate as the Commission may direct, which shall not exceed the rate prescribed in the Rules of Court in respect of judgment debts.

(6) Any interest ordered to be paid under subsection (5) shall form part of the penalty payable and be enforced in accordance with section 30.

Enforcement of directions of Commission in District Court

30.—(1) For the purposes of enforcement of any direction made by the Commission under section 28(2) or 29, the Commission may apply for the direction to be registered in a District Court in accordance with the Rules of Court and the District Court shall register the direction in accordance with the Rules of Court.

(2) From the date of registration of any direction under subsection (1), the direction shall be of the same force and effect, and all proceedings may be taken on the direction, for the purposes of enforcement as if it had been an order originally obtained in the District Court which shall have power to enforce it accordingly.