Persons with cancelled licences etc., offences by and in respect of
106 Persons with cancelled licences etc., offences by and in respect of
A person who —
has had his licence cancelled under this Act; or
has had his certificate of registration cancelled under this Act on at least 2 occasions; or
has been convicted of an offence against this Act on at least 2 occasions,
commits an offence against this Act, if, without the written permission of the Commissioner, he becomes or remains a director of any body corporate that is a licensee or a developer, or he is the employer, employee, or partner of a licensee or a developer, as such.
Penalty: $10 000.
If a licensee or a developer in his business as such knowingly has, without the written permission of the Commissioner, as an employee or a partner, or being a body corporate has as a director, a person who —
has had his licence cancelled under this Act; or
has had his certificate of registration cancelled under this Act on at least 2 occasions; or
has been convicted of an offence against this Act on at least 2 occasions,
the licensee or developer, as the case may be, commits an offence against this Act.
Penalty: $5 000.
For the purposes of this section, a person is deemed to be an employee of another person if he receives remuneration from the other person by way of commission or a share of profits.
[Section 106 amended: No. 43 of 1994 s. 11; No. 58 of 2010 s. 134.]
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