—(1) Where a person is charged with an offence under this Act, he shall be entitled, upon a charge duly made by him and on giving to the prosecution not less than 3 days’ notice in writing of his intention, to have any other person whom he charges as the actual offender (whether or not that person is his agent or employee) brought before the court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the first-mentioned person proves to the satisfaction of the court —
that he has used all due diligence to enforce the execution of this Act and any relevant regulations or orders made thereunder; and
that the second-mentioned person had committed the offence in question without his consent, connivance or wilful default,
the first-mentioned person shall not be guilty of the offence and the second-mentioned person shall be convicted of the offence and shall, in the discretion of the court, be also liable to pay any costs incidental to the proceedings.
(2) The prosecution shall have the right in any such case to cross-examine the first-mentioned person if he gives evidence and any witnesses called by him in support of his charge, and to call rebutting evidence.
(3) Where the second-mentioned person brought before the court under subsection (1) by the first-mentioned person is found by the court to have committed the offence with the consent, connivance or wilful default of the first-mentioned person, the court may, after convicting the second-mentioned person, convict the first-mentioned person on a substituted charge of abetment of the offence.
(4) When it is made to appear to the satisfaction of an employment inspector at the time of discovering an offence —
that the person who would be proceeded against apart from this subsection has used all due diligence to enforce the execution of this Act and any relevant regulations or orders made thereunder;
by which person the offence has been committed; and
that it has been committed without the consent, connivance or wilful default of the first-mentioned person and in contravention of his orders,
the employment inspector shall proceed against the person whom he believes to be the actual offender without first proceeding against the first-mentioned person.