48.
—(1) Without prejudice to any other power vested in the Council under this Act, where a private education institution —
(a)
has breached any term or condition of its registration; or
(b)
has failed to comply with section 39(1) or 44(1), or such regulations as may be prescribed for the purpose of this section the breach of which is not an offence,
the Council may, in its discretion —
(i)
impose a financial penalty of such amount, not exceeding $5,000, as the Council thinks fit;
(ii)
censure the private education institution; or
(iii)
order that the registration of the private education institution be subject to such terms or conditions as may be imposed by the Council, whether in addition to or in substitution of the existing terms and conditions of its registration.
(2) Any financial penalty payable by any private education institution under subsection (1)(i) shall be recoverable as a civil debt due to the Council from the private education institution.
(3) The Council shall, before making any decision under subsection (1) in relation to any private education institution, give the private education institution notice in writing of its intention to do so.
(4) Upon receipt of the notice of the Council under subsection (3), the private education institution concerned or any manager thereof may, within a period of 14 days after the date of the notice, show cause to the Council as to why the Council should not impose a financial penalty, censure or make an order under subsection (1)(iii), as the case may be.
(5) The Council shall, after the private education institution or any manager thereof has shown cause under subsection (4) or the time to do so has expired, notify the private education institution of its decision in writing.
(6) Subject to section 53, any decision by the Council under subsection (1) shall not take effect until the expiration of 14 days after the Council has served the notice of the decision on the private education institution concerned.