HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 52

HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 52

52 .         Licensee liable for act of employee etc.

        (1)         Where an employee or agent of the licensee, or a person acting, or purporting to act, on behalf of the licensee, commits in relation to the conduct of a reproductive technology practice a contravention of this Act for which the licensee would have been responsible or liable had it been committed by the licensee, the licensee may be deemed also to be liable to disciplinary action or, in the case of an offence, the same penalty.

        (2)         A licensee may be proceeded against under subsection (1) notwithstanding that the employee or agent has not been made the subject of disciplinary proceedings or convicted under this Act.

        (3)         It is a defence in disciplinary proceedings or to a charge of an offence against subsection (1) to show that the licensee —

            (a)         did not know of and could not reasonably have been aware of or have prevented; or

            (b)         had taken reasonable steps to prevent,

                the contravention committed by the employee or agent.

        [Section 52 amended: No. 84 of 2004 s. 80.]