Volume 134, Number 18A
Royal Gazette
11 February 2560
Note: The grounds for promulgation of this Act are as follows: The Constitutional Court has ruled that section 54 of the Direct Selling and Direct Marketing Act, 2545 BE—only in the part pertaining to a presumption which requires any managing directors, directors, or persons responsible for the operation of a juristic person to share criminal liability with the juristic person in the latter’s commission of an offence, despite they having no any action or intention relative thereto—is contrary or repugnant to paragraph 2 of section 39 of the Constitution of the Kingdom of Thailand, 2550 Buddhist Era and is thus inapplicable according to section 6 of the Constitution of the Kingdom of Thailand, 2550 Buddhist Era, and the Constitutional Court has later given similar rulings, declaring that section 74 of the Copyright Act, 2537 BE, section 78 of the Telecommunications Business Act, 2544 BE, section 28/4 of the Service Establishments Act, 2509 BE, and section 72/5 of the Fertilisers Act, 2518 BE are contrary or repugnant to paragraph 2 of section 39 of the Constitution of the Kingdom of Thailand, 2550 Buddhist Era and are no longer applicable according to section 6 of the Constitution of the Kingdom of Thailand, 2550 Buddhist Era. In order to revise the provisions of the said laws and other laws which contain similar provisions so that they no longer be contrary or repugnant to the Constitution, it is necessary to enact this Act.
