Pharmacy and Poisons.
[CAP. 138
5, c. 25, s. 11.
36 of 1950, s.9.
to as "the owner of the business") to be an authorized seller of poisons, is an act or omission on the part of an employee of the owner or, if the owner is a body corporate, is an act or omission on the part of any member of that body or any officer or employee of the body corporate, the Board shall not give any such direction unless proof is given to its satisfaction of some one or more of the facts specified in the next succeeding subsection, and the Board is of opinion that having regard to the facts so proved, the owner ought to be regarded as responsible for the act or omission.
(2) The facts as to some one or more of which the Board must be satisfied before giving any such direction as is mentioned in subsection (1) are—
(a) that the act or omission in question was instigated or connived at by the owner of the business or, if the owner is a body corporate, by any member of that body;
36 of 1950, s.9.
(b) that the owner of the business, or any employee of the owner, or, if the owner is a body corporate, any member of that body or any officer or employee of the body corporate, had been guilty at some time within twelve months before the date on which the act or omission in question took place, of a similar act or omission and that the owner had, or reasonably ought to have had, knowledge of that previous act or omission;
(c) if the act or omission in question was a continuing act or omission, that the owner of the business had, or reasonably ought to have had, knowledge of the continuance thereof;
(d) in the case of a criminal offence being an offence under this Ordinance, that the owner of the business had not used due diligence to enforce the execution of this Ordinance.
(3) In this section references to the responsibility, knowledge or diligence of the owner of the business shall, if the owner is a body corporate, be construed as references to the responsibility, knowledge or diligence of that body 36 of 1950, s.9. as a whole.
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