Cap. 281 Art. 16General provisions relating to offences. Offences and punishments.

(1) The provisions of this Act establishing offences and punishments in respect thereof shall not affect the operation of any other law establishing offences and punishments in respect of the same acts or omissions and shall not, in particular, affect the application of any higher punishments under any other law.

(2) For the purposes of article 3(6) and of article 10(11), the use on any card, letterhead, sign, board, plate, advertisement or other written, printed or engraved device, instrument or document, of the words "certified public accountant" or its abbreviation "CPA", whether in its singular or plural form, in relation to a name, shall be sufficient evidence of the knowledge of such use by the person in relation to whose name the said words or abbreviations are used, unless such person proves that the use was made without his knowledge and that upon becoming aware of the use he took adequate steps to stop it.

(3) For the purposes of this Act:

(a) a person shall not be deemed to exercise the profession of accountant if he acts simply as an employee of, or assistant to, an accountant, and does not issue any accounting or financial statement over his name;

(b) to the extent that is so prescribed, a person shall not be deemed to exercise the profession of accountant if he

(c) to the extent that is so prescribed in directives issued by the Board under this Act, a person shall not be deemed to exercise the profession of accountant if he gives assurances on the future viability of an audited entity or on the efficiency or effectiveness with which the management or the board of directors has conducted or will conduct the affairs of the entity.

(4) The conduct by the Board of proceedings for professional misconduct and other disciplinary proceedings in terms of article 7 shall be without prejudice to any proceedings which may be taken against the person concerned under the provisions of the Criminal

Code or of any other law and any proceedings so taken shall be without prejudice to any proceedings that may be taken by the Board.

(5) The Minister may by regulation prescribe that the provisions of subarticle (2) be applied mutatis mutandis in respect of the holding of a practising certificate in the field of auditing.