Section 43, The Payment Systems Act, 2009

(1) Except as otherwise provided in this Act, any personwho contravenes any provision of this Act or regulation made under this Act or anything prescribed or directives made or given under this Act commits an offence and shall be liable on conviction to a fine not exceeding Le100,000,000 or to imprisonment for a term not exceeding five years or to both the fine and imprisonment. (2) Except as otherwise provided in this Act, where an offence is committed by a body of persons– (a) in the case of a body corporate, any person who at the time the offence was committed was a director, manager or other officer of that body corporate; or (b) in the case of a firm, every person who at the time the offence was committed was a partner or officer of that firm, 30 31 Use of confidential information for personal gain. Issue of cheques against insufficient funds General offence and penalty. shall be deemed to have committed that offence and shall be proceeded against and punished on conviction under the provisions of this Act. (3) In any proceedings for an offence under this Act, it shall be a defence for the person charged to prove that - (a) the offence was committed without his knowledge or consent; or (b) he took all reasonable precaution and exercised all due diligence to prevent the commission of the offence.