Security from certain class of dealers, transporters, warehouses and other persons

Security from certain class of dealers, transporters, warehouses and other persons

1. (1) The Commissioner may as a condition of:
   • (a) registering a person as a dealer;
   • (b) approving a person as an Approved Road Transporter;
   • (c) permitting a person to operate an Approved Warehouse; or
   • (d) making a refund under section 40; require a person or prescribed class of persons to furnish security for the proper performance of their responsibilities under this Act in the prescribed amount, in the prescribed manner and within such time as may be prescribed.
2. (2) Notwithstanding sub-section (1), the Commissioner may increase, vary, reduce or waive the prescribed amount of the security, having regard to
   • (a) the nature and size of the activities of the person;
   • (b) the amount of any tax, interest or penalty for which the person may be or is likely to become liable at any time under this Act;
   • (c) the creditworthiness of the person;
   • (d) the nature of the security; and
   • (e) any other matter which the Commissioner considers relevant.
3. (3) Where the security or additional security furnished by a person is in the form of a surety bond and the surety dies or becomes insolvent, the person shall within one month of the occurrence of such event, inform the authority granting the Commissioner and shall within three months of such occurrence, execute a fresh surety bond.
4. (4) Where the surety bond has been executed by another registered dealer and the dealer's registration is either cancelled or he has closed down his business, the person shall furnish a fresh security as may be prescribed or in the manner as stated in sub-section (3).
5. (5) The Commissioner may, for good and sufficient cause, order the forfeiture of the whole or any part of the security furnished by a person.
6. (6) Where the security furnished by any person is forfeited in whole or is rendered insufficient, he shall furnish a fresh security of the requisite amount or, as the case may be, shall make up the deficiency in such manner and within such period as may be specified.