Offences and penalties

(1) Any person who, (a) without lawful excuses uses any premises as a timeshare accommodation when such premises is not registered or when there is not in force a licence granted under this Act in respect of such premises; (b) uses or displays the word “registered” or “’licensed” along with the name, title and description of any premises purporting to be a timeshare accommodation when such premises is not registered and/or licensed under this Act; (c) having been granted a licence to use any premises as a timeshare accommodation, uses such premises otherwise than in accordance with the terms and conditions of such licence; (d) fraudulently procures or attempts to procure the registration and licensing of any premises as a timeshare accommodation; (e) continues to operate a accommodation after the licence has been cancelled; suspended or not renewed; or (f) in connection with any monies paid by a purchaser under a sales agreement, makes any statement that is false in a material particular, or with intent to evade any of the provisions of this Act, produces or makes use of or furnishes any document, instrument, book, record, account, or return which is false in a material particular; (g) forges or falsifies any book of account, register or other book required to be maintained under this Act; (h) makes a false statement in a material particular in any document required under this Act; (i) obstructs, prevents or otherwise hinders the entry of the Registrar or any officer authorized by the into any timeshare property, accommodation, units, sales agent office, escrow agent office, exchange company office, or developer’s office for the purpose of carrying out any inspection, examination, scrutiny or check therein, or assaults, molests or otherwise hinders the Registrar or any such officer in the performance of his duties under this Act; or (j) fails to comply with any requirements of this Act or any Regulations made thereunder or with any lawful direction given to such person by the Registrar, commits an offence and is liable on summary conviction to a fine not exceeding ten thousand dollars or imprisonment for a term not exceeding three years, or to both such fine and term of imprisonment. 34 (2) Any registration or licence which has been obtained fraudulently or by means of fraudulent misrepresentation shall be invalid and of no effect. (3) Where such offence is continued after conviction, such person shall be liable in respect of each day during which such offence continues to a fine not exceeding three hundred dollars. (4) Any offence against the provisions of this Act committed by an employee of any person shall be deemed to be an offence committed by that person, unless the person establishes that such offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of the offence. (5) Where a person by whom an offence under this Act or any Regulations made thereunder is committed is a body corporate, every person who at the lime of the commission of the offence was a director, general manager, secretary, or other similar officer of the body corporate or was purporting to act in any such capacity shall be deemed guilty of that offence unless he proves that the offence was committed without Ins consent or connivance and that he exercised all due diligence to prevent the commission of that offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances. (6) All fines payable under this Act shall be paid to the account of the Board, for the use of the Board. etc.