Section 38
Offences by body corporate, etc.
of Direct Sales and Anti-Pyramid Scheme Act 1993
Where any offence against any provision of this Act or the regulations has been committed by a body corporate, partnership or society, any person who at the time of the commission of the offence was a director, manager, secretary or other similar officer of the body corporate, a partner in the partnership or an office-bearer of the society, as the case may be, or was purporting to act in any such capacity, or was in any manner or to any extent responsible for the management of any of the affairs of such body corporate, partnership or society, or was assisting in such management, shall be guilty of that offence unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances.
(2)
Where any person (in this subsection referred to as “the principal”) would be liable under this Act to any punishment or penalty for any act, omission, neglect or default, he shall be liable to the same punishment or penalty for every such act, omission, neglect or default of any employee or agent of his, or of the employee of such agent, if such act, omission, neglect or default was committed by the principal’s employee in the course
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of his employment, or by the agent when acting on behalf of the principal, or by the employee of such agent in the course of his employment by such agent or otherwise on behalf of the agent.