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1 a bill for a law to establish the consumer protection agency ...

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(e)<br />

(f)<br />

(g)<br />

(h)<br />

(i)<br />

<strong>to</strong> <strong>the</strong> negligence of <strong>the</strong> person complained<br />

against;<br />

<strong>to</strong> remove <strong>the</strong> defects or deficiencies in <strong>the</strong><br />

services in question;<br />

<strong>to</strong> discontinue <strong>the</strong> unfair or restrictive trade<br />

practices and not <strong>to</strong> repeat <strong>the</strong>m;<br />

not <strong>to</strong> offer <strong>the</strong> hazardous goods <strong>for</strong> sale;<br />

<strong>to</strong> withdraw <strong>the</strong> hazardous goods from being<br />

offered <strong>for</strong> sale;<br />

<strong>to</strong> provide <strong>for</strong> adequate compensation <strong>to</strong> <strong>the</strong><br />

complainant.<br />

Transfer of 15. On <strong>the</strong> application of <strong>the</strong> complainant or of its own motion<br />

Complaints.<br />

based on Section 12(2) of this Law, <strong>the</strong> Agency may at any<br />

time in <strong>the</strong> interest of justice transfer any complaint<br />

pending be<strong>for</strong>e <strong>the</strong> committee <strong>to</strong> <strong>the</strong> Agency.<br />

Appeals. 16. (1) Any person aggrieved by an Order made by a<br />

committee may appeal against such Order <strong>to</strong> <strong>the</strong> Agency<br />

within a period of fourteen (14) days from <strong>the</strong> date of <strong>the</strong><br />

Order in such <strong>for</strong>m as may be prescribed by <strong>the</strong> Agency.<br />

(2) Any Person aggrieved by an Order of <strong>the</strong> Agency<br />

may appeal against such Order <strong>to</strong> <strong>the</strong> High Court within<br />

fourteen (14) days from <strong>the</strong> date of <strong>the</strong> Order in such <strong>for</strong>m<br />

or manner as may be prescribed by <strong>the</strong> High Court Civil<br />

Procedure Rules.<br />

Liability <strong>for</strong> Offences 17. (1) If an offence under this Law is committed by a body<br />

by Bodies Corporate corporate and is proven <strong>to</strong> have been committed with <strong>the</strong><br />

consent, connivance or approval of, or <strong>to</strong> have been<br />

attributable <strong>to</strong> any neglect on <strong>the</strong> part of any person being<br />

a direc<strong>to</strong>r, manager, secretary or any o<strong>the</strong>r officer of <strong>the</strong><br />

body corporate or a person purporting <strong>to</strong> act in any such<br />

capacity, that person, as well as <strong>the</strong> body corporate, is<br />

guilty of an offence and is liable <strong>to</strong> be proceeded against<br />

and punished as if that person were guilty of <strong>the</strong> first<br />

mentioned offence.<br />

(2) If in a prosecution <strong>for</strong> an offence against <strong>the</strong> person<br />

referred <strong>to</strong> in subsection (1), it is proven that, at <strong>the</strong><br />

material time, <strong>the</strong> person was a direc<strong>to</strong>r of <strong>the</strong> body<br />

corporate or an employee of it whose duties included<br />

making decisions that, <strong>to</strong> a significant extent, could have<br />

affected <strong>the</strong> management of <strong>the</strong> body corporate, or a person<br />

who purported <strong>to</strong> act in any such capacity, it shall be<br />

10

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