(1) Notwithstanding
any other law or rule of law, where an offence against section 28 or 31B is
committed at any authorised premises or in relation to the sale of a vehicle
which was offered or exposed for sale at any authorised premises by a person
(in this section referred to as the other person ) other than the person
acting in the capacity of dealer or yard manager for those premises, the yard
manager is guilty of an offence against this Act in like manner as that person
and may be proceeded against and convicted accordingly unless he proves that
he had no knowledge of the commission of the offence and could not, by the
exercise of due diligence, have prevented the commission of the offence.
(2) The yard manager
may be proceeded against and convicted pursuant to subsection (1)
notwithstanding that the other person has not been proceeded against or has
not been convicted under this Act.
(3) Nothing in
subsection (1) prejudices or affects any liability imposed by or under this
Act on any person by whom an offence against this Act is actually committed.
[Section 53 amended: No. 4 of 2002 s. 30 and
32(1).]