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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 19 April 2023 - onwards
Version 2 of 2

33ARA. Considerations relevant to imposition of sanctions.

(1) In determining under section 33AQ or 33AR whether to impose a sanction on a natural person, what sanction to impose on a natural person, or the level of any monetary penalty to be imposed on a natural person, the Bank shall have regard, together with any other relevant considerations, to any of the following that appear to it to be relevant:

(a) any consideration affecting the seriousness of the prescribed contravention concerned, including -

(i) the person's seniority and level of responsibility, and the nature of any role performed by the person, at the time of the person's commission of or participation in the prescribed contravention,

(ii) the extent to which the person's conduct in committing or participating in the prescribed contravention departs from any standard to which the person is subject,

(iii) whether the person's conduct was intentional, negligent, or dishonest,

(iv) whether the person's conduct involved or facilitated the commission of an offence, and the nature and seriousness of any such offence,

(v) the duration of the period over which the person committed or participated in the prescribed contravention,