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TRUCK AMENDMENT ACT 1887 - SECT 12

Fine on person committing offence for which employer is liable, and power of employer to exempt himself from penalty on conviction of actual offender.

12.(1) Where an offence for which an employer is, by virtue of the principal
Act or this Act, liable to a penalty has in fact been committed by some agent
of the employer or other person, such agent or other person shall be liable to
the same penalty as if he were the employer.

(2) Where an employer is charged with an offence against the principal Act or
this Act he shall be entitled, upon information duly laid by him, to have any
other person whom he charges as the actual offender brought before the court
at the time appointed for hearing the charge, and if, after the commission of
the offence has been proved the employer proves to the satisfaction of the
court that he had used due diligence to enforce the execution of the said
Acts, and that the said other person had 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 exempt from any
penalty.

When it is made to appear to the satisfaction of [an officer appointed by the
Department of Manpower Services to enforce the provisions of the principal Act
or this Act], ... at the time of discovering the offence, that the employer
had used due diligence to enforce the execution of the said Acts, and also by
what person such offence had been committed, and also that it had been
committed without the knowledge, consent, or connivance of the employer, then
[the officer] ... shall proceed against the person whom he believes to be the
actual offender in the first instance without first proceeding against the
employer.

© 1887 Crown Copyright

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