Clause 62

When an employer is charged with an offence under this Part, he shall be entitled, upon information duly laid by him on giving to the Commissioner not less than three days’ notice in writing of his intention, to have any other person whom he charges as the actual offender brought before the court at the time appointed for the hearing of the charge, and if, after the commission of the offence has been proved, the employer proves to the satisfaction of the court that he has used due diligence to enforce the provisions of this Part and that the said other person has committed the offence in question without his knowledge, consent or connivance, the said other person shall be summarily convicted of such offence, and the employer shall be exempted from any penalty.

When it is made to appear to the satisfaction of the Commissioner at the time of discovering the offence that the employer has used due diligence to enforce the provisions of this Part and also that the said offence has been committed by some other person, and also that it has been committed without the knowledge, consent or connivance of the employer, then the Commissioner shall proceed against the person whom he believes to be the actual offender in the first instance without proceeding against the employer.