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Formal Consolidation |  1994 RevEd
General provisions as to offences
57.—(1)  Any person who —
(a)signs any document lodged with the Authority under section 38, 39 or 51(1)(a); or
(b)furnishes the Authority with any information under or for the purposes of any other provision of this Act,
shall use due care to secure that the document or information is not false in any material particular; and if he does not use due care in this behalf and the document or information is false in a material particular, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.
(2)  Any person who is guilty of any breach of a duty imposed on him by this Act or any regulations made thereunder or any direction issued by the Authority under section 66(2) as being or having been an insurer or an insurance agent or broker shall, in a case where no other punishment is provided for by this Act or any regulations made thereunder, be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day during which the offence continues after conviction.
[32/93]
(3)  Where an offence under this Act or any regulations made thereunder is committed by any company or body corporate, any person who, at the time of the commission of the offence, is a director, manager, secretary or other similar officer of that company or body, or is purporting to act in that capacity, shall be guilty of the offence unless he proves 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.
(4)  Where an offence under this Act or any regulations made thereunder is committed by a company or body corporate, being an offence consisting in the breach of a duty imposed only on companies and bodies corporate, any individual guilty of the offence (whether by virtue of subsection (3) or otherwise) shall be liable on conviction to imprisonment for a term not exceeding one year in addition to or in substitution for any fine.
[32/93]
(5)  For the purpose of any proceedings under subsection (1)(a), a document purporting to be signed by any person shall be presumed to have been signed by him, unless the contrary is proved.
[55
[11/86]
[32/93]
Informal Consolidation | Amended Act 30 of 1999
General provisions as to offences
57.—(1)  Any person who —
(a)signs any document lodged with the Authority under section 38, 39 or 51(1)(a); or
(b)furnishes the Authority with any information under or for the purposes of any other provision of this Act,
shall use due care to secure that the document or information is not false in any material particular; and if he does not use due care in this behalf and the document or information is false in a material particular, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.
(2)  Any person who is guilty of any breach of a duty imposed on him by this Act or any regulations made thereunder or any direction issued by the Authority under section 66(2) as being or having been an insurer shall, in a case where no other punishment is provided for by this Act or any regulations made thereunder, be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day during which the offence continues after conviction.
[32/93]
(3)  Where an offence under this Act or any regulations made thereunder is committed by any company or body corporate, any person who, at the time of the commission of the offence, is a director, manager, secretary or other similar officer of that company or body, or is purporting to act in that capacity, shall be guilty of the offence unless he proves 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.
(4)  Where an offence under this Act or any regulations made thereunder is committed by a company or body corporate, being an offence consisting in the breach of a duty imposed only on companies and bodies corporate, any individual guilty of the offence (whether by virtue of subsection (3) or otherwise) shall be liable on conviction to imprisonment for a term not exceeding one year in addition to or in substitution for any fine.
[32/93]
(5)  For the purpose of any proceedings under subsection (1)(a), a document purporting to be signed by any person shall be presumed to have been signed by him, unless the contrary is proved.
[55
[11/86]
[32/93]