Agricultural Produce Agents Act, 1992 (Act No. 12 of 1992)30. Deficit in trust account |
| (1) | Whenever any fresh produce agent or his or her manager, representative, agent, employee or member of his or her household owing to the appropriation of money in the trust account of that agent, is convicted of an offence involving fraud or dishonesty, and it has been proved that the amount standing to the credit of that trust account is insufficient for the payment of all amounts payable from it in terms of section 20, the court shall at the request of the prosecutor made on behalf of the council, inquire into and determine the amount of the deficit in the trust account and order the fresh produce agent to pay an amount equal to the amount so determined to the council, and any such order shall have all the effects of and may be executed as if it were a civil judgment in favour of the council. |
[Section 30(1) substituted by section 27(a) of Act No. 47 of 2003]
| (2) | Any amount recovered under a judgment referred to in subsection (1) shall be paid into the trust account concerned. |
| (3) | [Section 30(3) deleted by section 27(b) of Act No. 47 of Act No. 47 of 2003] |