(1) The conduct of
business under a Dealer’s Licence, a Repairer’s Licence or a
Manufacturer’s Licence is always the responsibility of the holder and is
to be personally supervised and managed, on each premises to which the licence
applies, by —
(a) the
holder; or
(b) a
person appointed as the agent or employee of the holder.
(2) Where in respect
of a business of a kind to which subsection (1) applies —
(a) a
requirement is made of the holder of the licence under which that business is
conducted; or
(b) a
restriction, limitation or condition applies to that licence; or
(c) an
element of an offence under this Act is an act or omission on the part of the
holder of that licence,
and a person is
appointed, employed or permitted by the holder to conduct that business on any
premises, if that requirement, restriction, limitation or condition is
contravened by that person, or such an offence occurs because of an act or
omission on the part of that person, that person as well as the holder is
liable accordingly, and that person may be prosecuted for an offence either in
addition to, or in substitution for, the holder.
(3) Where, in
contravention of any requirement, restriction, limitation or condition to
which any licence, permit or approval held by a person under this Act is
subject —
(a) any
agent or employee of the holder; or
(b) any
other person acting or purporting to act on behalf of the holder,
does or omits to do
any act on the premises to which the licence, permit or approval relates and
for which the holder would have been liable under this Act had it been done or
omitted by the holder, the holder is deemed also to have done or omitted to do
that act and is liable to the same penalty as is prescribed for the
contravention.
(4) The holder of the
licence, permit or approval may be proceeded against and convicted under
subsection (3) notwithstanding that the person contravening the requirement,
restriction, limitation or condition has not been proceeded against or has not
been convicted under this Act.
[Section 21A inserted: No. 59 of 1996 s. 23;
amended: No. 84 of 2004 s. 80.]