Offences
35 Offences
[(1), (2) deleted]
A prosecution for an offence under this Act must be commenced within 2 years after the date on which the offence is alleged to have been committed.
[(4) deleted]
Where by reason of or arising out of any act or omission of the holder of a licence granted for the benefit of a firm or corporation that firm or corporation is charged with an offence under this Act, is required to show cause for the purposes of section 22(1), or is required to satisfy the court as to its fitness or repute upon any application for the grant or renewal of a licence it shall be an answer in any such case for the firm or corporation to show that —
the act or omission complained of was committed or occurred without its knowledge and that it could not reasonably be expected to have known that any provision of this Act had been contravened or had not been complied with;
the firm or corporation was not in a position to influence the conduct of the holder of the licence in relation to the act or omission; or
the firm or corporation used all due diligence to prevent the commission or occurrence of such act or omission.
[Section 35 amended: No. 59 of 2004 s. 141; No. 25 of 2019 s. 5; No. 9 of 2023 s. 24.]
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