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Section 144

Where an offence under this Act has been committed by—

of Consumer Protection Act 1999

ActIn forceProvision 146 of 152
Section 144

(a)

an employee;

(b)

an agent; or

(c)

an employee of the agent,

WJW21/1045 Act 599.indd 127 18/03/2022 6:42 PM

128

Act 599

of any person (the “principal”), the principal shall be deemed to have committed that offence unless he proves that—

(aa) the offence was committed without his knowledge or that he took reasonable precautions to prevent its commission;

and

(bb) the offence was committed—

(i)

in the case of an employee, outside the course of his employment;

(ii)

in the case of an agent, when the agent was not acting on the principal’s behalf; or

(iii)

in the case of an employee of the agent, outside the course of his employment by the agent or otherwise on behalf of the agent.