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.]