32. . . . . . . [S. 32 amended by s. 30 of Act No. 65 of 1974 (English only) and repealed by s. 20 of Act No. 90 of 1997.] Wording of Sections 33. Act or omission by manager, agent or employee.—(1) Whenever any manager, agent or employee of any person (hereinafter called the employer) does or omits to do any act which it would be an offence under this Act for the employer to do or omit to do, then unless it is proved that— (a) in doing or omitting to do that act the manager, agent or employee was acting without the connivance or the permission of the employer; and (b) all reasonable steps were taken by the employer to prevent any act or omission of the kind in question; and (c) it was not under any condition or in any circumstances within the scope of the authority or in the course of the employment of the manager, agent or employee to do or to omit to do acts, whether lawful or unlawful, of the character of the act or omission charged, the employer shall be presumed himself to have done or omitted to do that act and shall be liable to be convicted and sentenced in respect thereof; and the fact that he issued instructions forbidding any act or omission of the kind in question shall not, of itself, be accepted as sufficient proof that he took all reasonable steps to prevent the act or omission. (2) Whenever any manager, agent or employee of any such employer does or omits to do an act which it would be an offence under this Act for the employer to do or omit to do, he shall be liable to be convicted and sentenced in respect thereof as if he were the employer. (3) Any such manager, agent or employee may be so convicted and sentenced in addition to the employer. 33A. Funds of council.—(1) The funds of the council shall consist of— (a) State funds received through the Department of Health; (b) fees raised and interest on overdue fees; (c) money accruing to the council from any other source. (2) (a) The council may accept money or other goods donated or bequeathed to the council, provided no condition is attached to such donation or bequest. (b) Details of any such donation or bequest shall be specified in the relevant annual report of the council. (3) The council shall utilise its funds for the defrayal of expenses incurred by the council in the performance of its functions under this Act. (4) The council shall open an account with a bank as defined in section 1 (1) of the Banks Act, 1990 (Act No. 94 of 1990), and shall deposit in that account all money referred to in subsections (1) and (2). (5) The council shall keep full and proper records of all money received or expended, of its assets and liabilities and of its financial transactions. (6) The records and annual financial statements referred to in subsection (5), shall be audited by the Auditor-General. (7) The council may invest money which is deposited in terms of subsection (4) and which is not required for immediate use in any manner as it may deem fit. (8) Any money which at the close of the council’s financial year stands to the credit of the council in the account referred to in subsection (4) and money which has been invested in terms of subsection (7), shall be carried forward to the next financial year as a credit in the account of the council. [S. 33A inserted by s. 21 of Act No. 90 of 1997.] 34. Preservation of secrecy.—No person shall, except for the purpose of the exercise of his powers or the performance of his functions under this Act, or for the purpose of legal proceedings under this Act, or when required to do so by any competent court or under any law, or with the written authority of the Director-General, disclose to any other person any information acquired by him in the exercise of his powers or the performance of his functions under this Act and relating to the business or affairs of any person, or use such information for self-gain or for the benefit of his employer. [S. 34 substituted by s. 14 of Act No. 94 of 1991.] Wording of Sections 34A. Delegation of powers.—(1) The Minister may in writing authorise the Director-General or any officer of the Department of Health to exercise any of the powers conferred upon the Minister by this Act other than the powers referred to in sections 3, 24 (1) and 35, or to exercise or perform any of the duties or functions conferred or imposed on the Minister in terms of this Act. [Sub-s. (1) substituted by s. 22 (a) of Act No. 90 of 1997.] Wording of Sections (2) The Director-General may in writing authorize any officer of the Department of Health to exercise or perform in general or in a particular case or in cases of a particular nature, any power, duty or function,