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SECURITY AND RELATED ACTIVITIES (CONTROL) ACT 1996 - SECT 90A

SECURITY AND RELATED ACTIVITIES (CONTROL) ACT 1996 - SECT 90A

90A.         Liability of agent for licensee

        (1)         Subject to subsection (2), where a licensee commits an offence against this Act, a licensee’s agent is to be treated as having committed an offence and is liable to the penalty prescribed for the offence committed by the licensee.

        (2)         Subsection (1) does not apply to an agent who proves that —

            (a)         the offence was committed without the agent’s consent or connivance; and

            (b)         the agent exercised all such due diligence to prevent the commission of the offence as ought to have been exercised in the circumstances.

        (3)         Proceedings under this section may be taken against an agent whether or not proceedings are taken against the licensee and whether or not the licensee was convicted of the offence.

        (4)         In this section —

        agent , in relation to a licensee, means a person who —

            (a)         holds an agent’s licence; and

            (b)         employed the licensee at the time the licensee committed the offence.

        [Section 90A inserted: No. 4 of 2008 s. 71.]