Section 78
Section 78
(1)
Any person who –
(a)
signs any document lodged with the Authority under section 59 or paragraph (a) of subsection (1) of section 69; or
(b)
furnishes the Authority with any information under or for the purposes of any other provision of this Order, 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, imprisonment for a term not exceeding 2 years or both.
(2)
Any person who is in breach of any duty imposed on him by this Order as being or having been an insurer, insurance agent, insurance broker or adjuster shall, in a case where no other punishment is provided for by this Order, be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000, 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.
(3)
Where an offence against this Order is committed by any body corporate, any person who at the time of the commission of that offence was a director, manager, secretary or other similar officer of that body, or who was purporting to act in any such capacity, shall, as well as the body corporate, 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 against this Order is committed by a body corporate, being an offence consisting in the breach of a duty imposed only on bodies corporate, any individual guilty of the offence (whether by virtue of subsection (3) or otherwise) shall be liable on conviction to a fine, imprisonment for a term not exceeding one year or both.
Incorporating amendments until S 1/2016
(Clean copy) NANI/H.AFIF/fiqah _ as of 3rd July 2020
76
BLUV as at 14th January 2016
(5)
For the purpose of any proceedings under paragraph (a) of subsection (1), a document purporting to be signed by any person shall be presumed to have been signed by him, unless the contrary is proved.
Prosecution.